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THE    HISTORY 


SLAVERY  AND  THE  SLAVE  TRADE, 

ANCIENT   AND   MODERN. 

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NATION 


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THE  FORMS  OF  SLAVERY  THAT  PREVAILED  IN  AN 

PARTICULARLY  IN  GREECE  AND  ROME. 


THE  AFRICAN  SLAVE  TRADE 


AND    TH 


POLITICAL  HISTORY  OF  SLAVERY 


UNITED    STATES  . 


COMPILED  FROM  AUTHENTIC   MATERIALS 
BY   W.    0.    BLAKE. 


COLUMBUS,    OHIO: 

PUBLISHED  AND  SOLD  EXCLUSIVELY  BY  SUBSCRIPTION 
BY  H.    MILLER. 


1859. 


Entered  according  to  act  of  ConarMS,  in  the  venr  18.07, 

BY  .1.  &  II.  MILLER, 

in  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the  Southern  District 

of  Ohio. 


STEREOTYPED   AND   PRINTED   BY   OSGOOD   4    PEARCB, 

COLUMBUS    O. 


CHAPTER  I. 

PRELIMINARY  SKETCH.— ANCIENT  SLAVERY. 

Early  existence  of  Slavery  in  the  world. — The  Mosaic  institutions  in  regard  to  Slav 
ery. — Hebrews,  how  reduced  to  servitude. — The  Jubilee. —  Distinction  between 
native  and  foreign  Slaves. — Voluntary  Slaves :  the  Mercenarii  of  the  Romans ; 
the  Prodigals  or  debtor  Slaves  ;  the  Delinquents  ;  the  Enthusiasts. —  Involuntary 
Slaves ;  prisoners  of  war,  and  captives  stolen  in  peace,  with  the  children  and  de 
scendants  of  both. — Voluntary  Slavery  introduced  by  decree  of  the  Roman  Sen 
ate. — Slavery  in  Rome :  condition  of  the  Slaves ;  cruelty  to  the  old  and  sick  ; 
prisons  for  Slaves;  Sicily:  servile  war  and  breaking  up  of  the  prisons. —  Piracy 
esteemed  honorable  by  the  early  Greeks.  —  Piratical  expeditions  to  procure 
Slaves. — Causes  of  the  gradual  extinction  of  Slavery  in  Europe. — Origin  of  the 
African  Slave  Trade  by  the  Portuguese. — Followed  by  most  of  the  maritime  na 
tions  of  Europe 17 

CHAPTER  II. 
SLAVERY  IN  GREECE. — ATHENIAN  SLAVES. 

existence  of  Slavery  in  Greece. —  Proportion  of  Slaves  to  Freemen. — Their 
numbers  in  Athens  and  Sparta. — Mild  government  of  Slaves  in  Athens — the  re 
verse  in  Sparta. — Instances  of  noble  conduct  of  Slaves  towards  their  masters. — 
Probable  origin  of  Slavery,  prisoners  of  war. — Examples  in  history  of  whole  cities 
and  states  being  reduced  to  Slavery:  Judea,  Miletoa,  Thebes. — Slaves  obtained  by 
kidnapping  and  piracy. — The  traffic  supposed  to  be  attended  by  a  curse. — Certain 
nations  sell  their  own  people  into  Slavery. — Power  of  masters  over  their  Slaves ; 
the  power  of  Life  and  Death. — The  Chians,  the  first  Greeks  who  engaged  in  a 
regular  Slave-trade. — Their  fate  in  being  themselves  finally  reduced  to  Slavery. — 
First  type  of  the  Maroon  wars. — The  Chian  Slaves  revolt. — The  hero  slave  Dri- 
raacos. — His  history. — Honors  paid  to  his  memory. — Servile  war  among  the  Sa- 
mians. — Athenian  laws  to  protect  Slaves  from  cruelty. — Slaves  entitled  to  bring  an 
action  for  assault. — Death  penalty  for  crimes  against  Slaves. — Slaves  entitled  to 
purchase  freedom. — Privileges  of  Slaves  in  Athens. — Revolt  of  Slaves  working  iu 
Mines. — The  temples  a  privileged  sanctuary  for  Slaves  who  were  cruelly  treated. 
Tyrannical  masters  compelled  to  sell  their  Slaves. — Slave  auctions. — Diogenes. — 
Price  of  Slaves. — Public  Slaves,  their  employment. — Educated  by  the  State,  and 
intrusted  with  important  duties. — Domestic  Slaves  ;  their  food  and  treatment. — 
The  Slaves  partake  in  the  general  decline  of  morals. — History  and  Description  of 
Athens...  23 


IV  CONTENTS. 

CHAPTER  III. 

SLAVES  OP  SPARTA,  CRETE,  THESSALY,  &c. — THE  HELOTS. 

The  Helots:  —  leading  events  of  their  History  summed  up. —  Their  Masters  de 
scribed, — The  Spartans,  their  manners,  customs  and  constitutions. — Distinguish- 
irig  traits  :  severity,  resolution  and  perseverance,  treachery  and  craftiness. — Mal- 
riage. — Treatment  of  Infants. — Physical  Education  of  Youth. — Their  endurance 
of  hardships. — The  Helots :  their  origin ;  supposed  to  belong  to  the  State  ;  power 
of  life  and  death  over  them ;  how  subsisted ;  property  acquired  by  them  ;  their 
military  service. — Plato,  Aristotle,  Isocrates,  Plutarch  and  other  writers  convict 
the  Spartans  of  barbarity  towards  them ;  the  testimony  of  Myron  on  this  point ; 
instances  of  tyranny  and  cruelty. — Institution  of  the  Crypteia ;  annual  massacre 
'of  the  Helots. — Terrible  instance  of  treachery. — Bloody  servile  wars.  — Sparta  en 
gaged  in  contests  with  her  own  vassals. — Relies  upon  foreign  aid. —  Earthquake, 
and  vengeance  of  the  Helots. — Constant  source  of  terror  to  their  masters. — Other 
classes  of  Slaves. — Their  privileges  and  advancement. — Slavery  in  Crete  :  classes 
and  condition. — Mild  treatment. — Strange  privileges  during  certain  Festivals. — 
Slaves  of  Syracuse  rebel  and  triumph. — The  Arcadians 38 

*  CHAPTER   IV. 
SLAVERY  IN  ROME. 

Slavery  under  the  kings  and  in  the  early  ages  of  the  Republic. — Its  spread,  and 
effect  on  the  poorer  class  of  Freemen. — The  Licinian  law. — Prevalence  of  the  two 
extremes,  immense  wealth  and  abject  poverty. —  Immense  number  of  Slaves  it 
Sicily. —  They  revolt. — Eunus,  their  leader. —  Their  arms. —  Horrible  atrocities 
committed  by  them. — The  insurrection  crushed. —  Fate  of  Eunus. —  Increase  oi 
Slaves  in  Rome. — Their  employment  in  the  arts. —  Numbers  trained  for  the  Am 
phitheatre. — The  Gladiators  rebel. — Spartacus,  his  history. —  Laws  passed  to  re 
strain  the  cruelty  of  masters. — Effects  of  Christianity  on  their  condition. — Their 
numbers  increased  by  the  invasion  of  northern  hordes. — Sale  of  prisoners  of  war 
into  slavery. — Slave-dealers  follow  the  armies. — Foreign  Slave-trade. — Slave  auc 
tions. — The  Slave  markets. — Value  of  Slaves  at  different  periods. — Slaves  owned 
by  the  State,  and  their  condition  and  occupations. — Private  Slaves,  their  grades 
and  occupations. — Treatment  of  Slaves,  public  and  private. —  Punishment  of  of 
fenses. — Fugitives  and  Criminals. — Festival  of  Satnrnus,  their  privileges. — Their 
dress. — Their  sepulchres. — The  Gladiators,  their  combats 16 

V  CHAPTER  V. 

SLAVERY  IN  ROME. — CONTINUED. 

Abstract  of  the  laws  in  regard  to  Slavery. —  Power  of  Life  and  Death. — Cruelty  ol 
Masters. — Laws  to  protect  the  Slave. — Constitution  of  Antoninus  :  of  Claudius. — 
Husband  and  Wife  could  not  be  separated ;  nor  parents  and  children. — Slave 
could  not  contract  marriage,  nor  own  property. — His  peculium,  or  private  prop 
erty,  held  only  by  usage. — Regulations  in  respect  to  if. — Master  liable  for  damages 
for  wrongful  acts  of  his  Slave. — The  murderer  of  a  Slave,  liable  for  a  capital 
offense,  or  for  damages. — Fugitive  Slaves,  not  lawfully  harbored :  to  conceal  them, 
theft. — Master  entitled  to  pxirsue  them. — Duties  of  the  authorities. — Slave  hunters. 
—Laws  defining  the  condition  of  children  born  of  Slaves. — Laws  to  reduce  fre'e 


CONTENTS.  V 

persons  to  Slavery. — How  the  state  of  Slavery  might  be  terminated;  by  manu 
mission  ;  by  special  enactments ;  wbat  Slaves  entitled  to  freedom. — Practice  of 
giving  liberty  to  Slaves  in  times  of  civil  tumult  and  revolution. — Effects  of  Slav 
ery  under  tLe  Republic,  and  under  the  Empire 5? 

CHAPTER   VI. 

CHRISTIAN  SLAVERY  IN  NORTHERN  AFRICA. 

Barbary — the  Carthaginians,  the  Romans,  the  Vandals. —  Northern  Africa  annexed  « 
to  the  Greek  Empire. —  Conquered  by  the  Saracens. —  The  Spanish  Moors  pass 
over  to  Africa. — Their  expeditions  to  plunder  the  coasts  of  Spain,  and  carry  off 
the  Christian  Spaniards  into  Slavery. — Cardinal  Ximenes  invades  Barbary,  1509, 
to  release  the  captives. — Barbarossa,  the  sea-rover,  becomes  king  of  Algiers. — 
The  Christian  Slaves  build  the  mole. —  Expeditions  of  Charles  V.  against  the 
Moors. — Insurrection  of  the  Slaves. — Charles  releases  20,000  Christians  from  Sla 
very,  and  carries  off  10,000  Mohammedans  to  be  reduced  to  Slavery  in  Spain. — 
The  Moors  retaliate  by  seizing  6000  Minorcans  for  Slaves.  Second  expedition  of 
Charles  —  its  disastrous  termination — his  army  destroyed  —  prisoners  sold  into 
Slavery. — The  Algerines  extend  their  depredations  into  the  English  Channel. — 
Condition  of  the  Christian  slaves  in  Barbary — treated  with  more  humanity  than 
African  slaves  among  Christians. — Ransom  of  the  Slaves  by  their  countrymen. — 
British  Parliament  appropriates  money  for  the  purpose. — The  French  send  bomb 
vessels  in  1688. — Lord  Exmouth  in  1816  releases  3000  captives,  and  puts  an  end 
to  Christian  Slave/y  in  Barbary. 68 

CHAPTER   VII. 

AFRICAN  SLAVE  TRADE  FROM  THE  FIFTEENTH  TO  THE  EIGHTEENTH  CENTURY. 

Negroland,  or  Nigritia,  described. — Slavery  among  the  Natives. — Mungo  Park's  esti 
mate  of  the  number  of  Slaves.- — The  Portuguese  navigators  explore  the  African 
wast. — Natives  first  carried  off  in  1434. — Portuguese  establish  the  Slave-Trade  on 
•.he  Western  Coast — followed  by  the  Spaniards. — America  discovered — colonized 
by  the  Spaniards,  who  reduce  the  Natives  to  Slavery — they  die  by  thousands  in 
consequence. — The  Dominican  priests  intercede  for  them. — Negroes  from  Africa 
substituted  as  Slaves,  1510. — Cardinal  Ximenes  remonstrates. — Charles  V.  en 
courages  the  trade. — Insurrection  of  the  Slaves  at  Segovia. — Other  nations  colo 
nize  America. — First  recognition  of  the  Slave-Trade  by  the  English  government 
in  1562,  reigii  of  Elizabeth. — First  Negroes  imported  into  Virginia  in  a  Dutch  ves 
sel  in  1620. — The  French  and  other  commericial  notions  engage  in  the  traffic. — 
The  great  demand  for  Slaves  on  the  African  coast. — Negroes  fighting  and  kidnap 
ping  each  other. — Slave  factories  established  by  the  English,  French,  Dutch, 
Spanish,  and  Portuguese. — Slave  factory  described. — How  Slaves  were  procured 
in  the  interior , 93 

CHAPTER  VIII. 

• 

SLAVE  TRAFFIC  OF  THE  LEVANT — NUBIAN  SLAVES. 

The  Mohammedan  slave-trade. — Nubian  slaves  captured  for  the  slave  market  of  the 
Levant. — Mohammed  AIL — Grand  expeditions  for  hunting. — A""n^l  tribute  o! 


VI  CONTENTS. 

slaves. — The  encampment. — Attack  upon  the  villages. — Courage  of  the  Natives. 
— Their  heroic  resistance. — Cruelty  of  the  victors. — Destruction  of  villages. — The 
captives  sold  into  slavery 102 

*   " 

CHAPTER   IX. 

AFRICAN  SLAVE  TRADE  IN  THE  EIGHTEENTH  CENTURY. 

England  first  engages  in  the  Slave-Trade  in  1562 — Sir  John  Hawkins'  voyages. — 
.  British  first  establish  a  regular  trade  in  1618. — Second  charter  granted  in  1631. 
— Third  charter  in  16452. — Capture  of  the  Dutch  Forts. — Retaken  byDe  Ruyter. 
— Fourth  charter  in  1672  ;  the  King  and  Duke  of  York  shareholders. — Monopoly 
abolished,  and  free  trade  in  Slaves  declared. — Flourishing  condition  of  the  Trade. 
— Numbers  annually  exported. — Public  sentiment  aroused  against  the  Slave-Trade 
in  England. — Parliament  resolve  to  hear  Evidence  upon  the  subject. — Abstract  of 
the  Evidence  taken  before  a  Select  Committee  of  the  House  of  Commons  in  1790 
and  1791. — Revealing  the  Enormities  committed  by  the  Natives  on  the  persons  of 
one  another  to  procure  Slaves  for  the  Europeans. — War  and  Kidnapping — imput 
ed  Crimes. — Villages  attacked  and  burned,  and  inhabitants  seized  and  sold. — 
African  chiefs  excited  by  intoxication  to  sell  their  subjects 106 

CHAPTER  X. 

AFRICAN  SLAVE  TRADE  IN  THE  EIGHTEENTH  CENTURY,  CONTINUED. — THE 

MIDDLE  PASSAGE. 

Abstract  of  Evidence  before  House  of  Commons,  continued. — The  enslaved  Africans 
on  board  the  Ships — their  dejection. — Methods  of  confining,  airing,  feeding  and 
exercising  them. — Mode  of  stowing  them,  and  its  horrible  consequences. — Inci 
dents  of  the  terrible  Middle  Passage — shackles,  chains,  whips,  filth,  foul  air,  dis 
ease,  suffocation. — Suicides  by  drowning,  by  starvation,  by  wounds,  by  strang 
ling. — Insanity  and  Death. — Manner  of  selling  them  when  arrived  at  their  desti 
nation. — Deplorable  situation  of  the  refuse  or  sickly  Slaves. — Mortality  among 
Seamen  engaged  in  the  Slave-Trade. — Their  miserable  condition  and  sufferings 
from  disease;  and  cruel  treatment 126 

CHAPTER  XI. 

SLAVERY  IN  THE  WEST  INDIES,  1750  TO  1790. 

Abstract  of  Evidence  continued. — Slavery  in  the  West  Indies  from  1750  to  1790. — 
General  estimation  and  treatment  of  the  Slaves. — Labor  of  Plantation  Slaves — 
their  days  of  rest,  food,  clothing,  property. — Ordinary  punishment  by  the  whip 
and  cowskin. — Frequency  and  severity  of  these  Punishments. — Extraordinary 
Punishments  of  various  kinds,  for  nominal  offenses. — Capital  offenses  and  Pun 
ishments. — Slaves  turned  off  to  steal,  beg,  or  starve,  when  incapable  of  labor. — 
Slaves  had  little  or  no  redress  against  ill  usage 143 

•        CHAPTER  XII. 

EARLY  OPPONENTS  OF  AFRICAN  SLAVERY  IN  ENGLAND  AND  AMERICA. 
Period  from  1660  to  1760 ;  Godwin,  Richard  Baxter,  Atkins,  Hughes,  Bishop  War- 


CONTENTS.  VU 

burton. — Planters  accustomed  to  take  their  Slaves  to  England,  and  to  carry  them 
back  into  slavery  by  force. — Important  case  of  James  Somerset  decided,  1772. — 
John  Wesley. — Motion  in  House  of  Commons  against  Slave-Trade,  1776. — Case  of 
ship  Zong. — Bridgwater  Petitions. — The  Quakers  in  England  oppose  Slavery. — 
Resolutions  of  the  Quakers,  from  1727  '*  1760. — They  Petition  House  of  Com 
mons. — First  Society  formed,  1783. — Thu  Quakers  and  others  in  America. — Ac- 
tidn  of  the  Quakers  of  Pennsylvania  from  1*588  to  1788. — Benezet  writes  tracts 
against  Slavery. — His  letter  to  the  Queen.  -  Sentiment  in  America  favorable  to 
Africans,  1772. — House  of  Burgesses  of  Viigi.  ia  addresses  the  King. — Original 
draft  of  Declaration  of  Independence. — First,  Society  formed  in  America  "  for  Pro 
moting  Abolition  of  Slavery,"  1774. — Opposition  to  the  Slave-Trade  in  America..  158 

* 
CHAPTER  XIII. 

MOVEMENTS  IN  ENGLAND  TO  ABOLISH  THE  SLAVE  TRADE. 

Thomas  Clarkson,  the  historian  of  the  Abolition  of  the  Slave-Trade. — Devotes  his 
life  to  the  cause,  1785. — Publishes  his  Essay  on  Slavery. — His  coadjutors. — Wil 
liam  Wilberforce,  parliamentary  leader  in  the  cause. — Middleton,  Dr.  Porteus, 
Lord  Scarsdale,  Granville  Sharp. — Clarkson's  first  visit  to  a  slave-ship. — Associa 
tion  formed — Correspondence  opened  in  Europe  and  America. — Petitions  sent  to 
Parliament. — Committee  of  Privy  Council  ordered  by  the  King,  17S8. — Great  ex 
ertions  of  the  friends  of  the  cause. — Clarkson's  interview  with  Pitt 179 

CHAPTER  XIV. 

PARLIAMENTARY  HISTORY. — THE  TWENTY  YEARS'  STRUGGLE.     * 

Mr.  Pitt  introduces  the  subject  of  the  Abolition  of  the  Slave-Trade  into  the  House 
of  Commons,  May  9,  1788. — Speech  of  Mr.  Pitt  on  the  occasion. — Parliamentary 
action  in  1789. — Debate  of  12th  of  May. — Speech  of  William  Wilberforce. — Trav 
els  and  exertions  of  Clarkson. — Sessions  of  1791  and  1792. — Debates  in  the  Com 
mons. — Speeches  of  Wilberforce,  Pitt,  Fox,  Bailie,  Thornton,  Whitbread,  Duudas, 
and  Jenkinson. — Gradual  abolition  agreed  upon  by  House  of  Commons 188 

CHAPTER  XV. 

» 

PARLIAMENTARY  HISTORY. — SLAVE  TRADE  RENDERED  ILLEGAL. 

Action  of  the  House  of  Lords  in  1792. — Clarkson  retires  from  the  field  from  ill 
health,  in  1794. — Mr.  Wilberforce's  annual  motion. — Session  of  1799. — Speech  of 
Canning. — Sessions  of  1804  and  1805. — Clarkson  resumes  his  labors. — Death  of 
Mr.  Pitt,  January,  1806. — Administration  of  Granville  and  Fox. — Session  of  1806. 
— Debate  in  the  House  of  Lords. — Speeches  of  Lord  Granville,  Erskine,  Dr.  Por 
teus,  Earls  Stanhope  and  Spencer,  Lords  Holland  and  Ellenborough. — Death  of  Fox, 
October,  1806. — Contest  and  triumph  in  1807. — Final  passage  of  the  Bill  for  the 
Abolition  of  the  African  Slavo-Trade. — Slave-trade  declared  felony  in  1811,  and 
declared  piracy  in  1824,  by  England. — England  abolishes  slavery  in  her  colonies, 
1833. — Prohibition  of  Slave-Trade  by  European  governments. — Slavery  abolished 
in  Mexico,  1829 — In  Guatemala  and  Colombia 237 


. 

j*  •    • 

«  .  .   *  • .  •        «  I 

'•;•"•,     '.*<'     v, 

Viii  CONTENTS. 

CHAPTER  XVI. 
INDIAN  AND  AFRICAN  SLAVERY  IN  ST.  DOMINGO. — THE  INSURRECTIONS. 

Discovery  and  settlement  of  the  island  by  the  Spaniards. — The  natives  reduced  to 
slavery. — Cruelty  of  the  Spaniards  towards  them. — Great  mortality  in  conse 
quence. — Their  numbers  replenished  from  the  Bahamas. — The  Dominicans  be 
come  interested  for  them. — Las  Casas  appeals  to  Cardinal  Ximenes,  who  sends 
commissioners. — They  set  the  natives  at  liberty. — The  colonists  remonstrate 
against  the  measure,  and  the  Indians  again  reduced  to  slavery. — Las  Casas  seeks 
a  remedy. — The  Emperor  allows  the  introduction  of  Africans. — Guinea  slave- 
trade  established. — The  buccaneers. — The  French  Colony. — Its  condition  in  1789. 
— Enormous  slave-population. — The  Mulattoes. — The  French  Revolution — its  ef 
fect  on  the  Colonists. — First  Insurrection. — Terrible  execution  of  the  leaders. — 
Second  Insurrection — massacre  and  conflagration — unparalleled  horrors. — Burn- 

•  ing  of  Port-au-Prince. — L'Ouverture  appears,  the  spirit  and  ruler  of  the  storm. — 
French  expedition  of  25,000  men  sent  to  suppress  the  Insurrection — Toussaint 
sent  prisoner  to  France — dies  in  prison. — The  slaves  establish  their  freedom. — In 
dependence  of  Hayti  acknowledged  by  France 252 

^  ;  CHAPTER   XVII. 

AFRICAN  SLAVE  TRADE  AFTER  ITS  NOMINAL  ABOLITION. 

State  of  the  slave-trade  since  its  nominal  abolition. — Numbers  imported  and  losses 
on  the  passage. —  Increased  horrors  of  the  trade. —  Scenes  on  board  a  captured 
slaver  in  Sierra  Leone. — The  Progresso. — Walsh's  description  of  a  slaver  in  1829. 
— The  trade  in  1820. — The  slave-trade  in  Cuba — officers  of  government  interested 
in  it. — Efforts  of  Spain  insincere. — Slave  barracoons  near  Governor's  palace — con 
duct  of  the  inmates. — The  Bozals. — Bryan  Edwards'  description  of  natives  of  Gold 
Coast — their  courage  and  endurance. — Number  of  slaves  landed  at  Rio  in  1838 — 
barracoons  at  Rio — government  tax. — Slave-trade  Insurance — Courts  of  Mixed 
Commission — their  proceedings  at  Sierra  Leone  in  1838. — Joint  stock  slave-trade 
companies  at  Rio. — The  Cruisers — intercepted  letters. — Mortality  of  the  trade. — 
Abuses  of  the  American  flag. — Consul  Trist  and  British  commissioners. —  Corre 
spondence  of  American  Ministers  to  Brazil,  Mr.  Todd,  Mr.  Proffit,  Mr.  Wise. —  Ex 
tracts  from  Parliamentary  papers. — Full  list  of  Conventions  and  Treaties  made  by 

England  for  suppression  of  Slave-trade 280 

•      **** 

CHAPTER  XVIII. 

EFFORTS  TO  SUPPRESS  THE  SLAVE-TRADE. — OPERATIONS  OF  THE  CRUISER& 

Treaty  between  England  and  the  United  States,  signed  at  Washington  in  1842. — U. 
S.  African  Squadron  under  the  treaty. — The  Truxton  captures  au  American  slaver, 
tlie  Spitfire,  of  New  Orleans. — The  Yorktown  captures  the  Am.  bark  Pons,  with 
896  slaves  on  board. — Commander  Bell's  description  of  the  sufferings  of  the  slaves 
— they  are  landed  at  Monrovia  and  taken  care  of. — Squadron  of  11846. — Capture 
of  the  Chancellor. — Slave  establishment  destroyed  by  the  English  and  natives. — 
A  slaver's  history — embarkation  and  treatment  of  slaves. —  How  disposed  of  in 
Cuba. — Natural  scenery  of  Africa. — Excursion  to  procure  slaves — their  horror  at 
the  prospect  of  slavery. — Passage  from  Mozambique — the  small-pox  on  t»oard. — 
More  horrors  of  the  Middle  Passage.— The  Estrella— revolt  of  negroes  on  board. .  303 


CONTENTS.  IX 

CHAPTER  XIX. 
OPERATIONS  OF  THE  CRUISEBS  UNDER  THE  ASHBURTON  TREATY. 

Tho  American  Squadrons  from  Ib47  to  1851. —  More  captures. —  U.  S.  brig  Ferry 
cruises  off  the  southern  coast. — Capture  of  a  slaver  -with  800  slaves,  by  an  Eng 
lish  cruiser. — Abiises  of  the  American  flag. —  The  Lucy  Ann  captured. — Case  of 
the  Navarre. — Capture  by  the  Perry  of  the  Martha  of  New  York — her  condemna 
tion. —  Case  of  the  Chatsworth — of  the  Louisa  Beaton. — The  Chatsworth  seized 
and  sent  to  Baltimore — is  condemned  as  a  slaver.  State  of  the  slave-trade  on  the 
southern  coast. —  Importance  of  tHe  squadron. — The  Brazilian  slave-trade  dimin 
ish63  -'wTtr  'frm-:**  ••"*  >••••  .7  •  •  •  •  ;ri£v  '•  •  •  •  •  •  ••  •* »;,'/  v  j»; 4*"  ;•;•••  344 

CHAPTER   XX. 

'•  • ,  ••••   •     '  ,  •  * 

HISTORICAL  SKETCH  or  SIERRA  LEONE  AND  LIBERIA. 

Colony  of  Sierra  Leone  founded  by  the  English,  1787. — Free  negroes  colonized. — 
Present  extent  and  condition  of  the  colony. — Establishment  of  English  factories 
on  the  slave  coast. — Treaties  with  the  African  chiefs. — Scheme  of  African  Coloniza 
tion  agitated  in  1783 — by  Jefferson  and  others. —  Movements  in  Va.,  in  1800  and 
1805. — Formation  of  the  American  Colonization  Society  in  1816. — Its  object  "to. 
colonize  the  free  people  of  color." — Cape  Mesurado  purchased  and  colonized  in 
1821. — Defense  of  the  infant  settlement  from  an  attack  by  the  natives. — Mortality 
among  the  early  settlers. —  Increase  of  the  colony  in  1835. —  State  colonization 
societies  establish  settlements. —  Consolidation  of  the  state  colonies,  and  estab 
lishment  of  the  Commonwealth. — Governor  Buchanan's  efforts  to  suppress  the 
slave-trade. — His  death,  1841. —  Republic  of  Liberia  established  in  1847. — Joseph 
J.  Roberts  ("colored}  first  President. — Its  independence  acknowledged  by  European 
powers. — The  Republic  attacks  the  slave  establishments. —  Natural  resources  of 
Liberia — its  climate,  soil,  productions,  exports,  schools,  churches,  &c. —  Settle 
ments  and  population.— The  Maryland  settlement  at  Cape  Palmas 358 

CHAPTER  XXI. 

HISTORY  OP  SLAVERY  IN  THE  NORTH  AMERICAN  COLONIES. 

Early  existence  of  Slavery  in  England. — Its  forms. —  The  Feudal  System. — Serf 
dom. —  Its  extinction. — African  Slavery  introduced  into  the  North  American  Colo 
nies,  1620. —  Slavery  in  Virginia. —  Massachusetts  sanctions  Negro  and  Indian 
slavery,  1641:  Kidnapping  declared  unlawful,  1645. — Negro  and  Indian  slavery 
authorized  in  Connecticut,  1650. — Decree  against  perpetual  slavery  in  Rhode  Isl 
and,  1652. — Slavery  in  New  Netherland  among  the  Dutch,  1650 — Its  mild  form. — 
First  slavery  statute  of  Virginia,  1662. —  In  Maryland,  1663,  against  amalgama 
tion. — Statute  of  Virginia,  conversion  and  baptism  not  to  confer  freedom;  other 
provisions,  1667. —  Maryland  encourages  slave-trade. —  Slave  code  of  Virginia, 
1682,  fugitives  may  be  killed. — New  anti-amalgamation  act  of  Maryland,  1681. — Set 
tlement  of  South  Carolina,  1660. — Absolute  power  conferred  on  masters. — Law  of 
Slavery  in  New  York,  1665. —  Slave  code  of  Virginia,  1692:  offenses  of  slaves, 
how  punishable. —  Revision  of  Virginia  code,  1705:  slaves  made  real  estate. — 
Pennsylvania  protests  against  importation  of  Indian  slaves  from  Carolina,  1705. — 
New  act  of  1712  to  stop  importation  of  negroes  and  slaves,  prohibition  duty  of 
£20. — Act  repealed  by  Queen. —  First  slave  law  of  Carolina,  1712. —  Its  remarka- 


X  CONTENTS. 

• 

ble  provisions. — Census  of  1715. — Maryland  code  of  1715 — baptism  not  to  confer 
freedom. — Georgia  colonized,  1732 :  rum  and  slavery  prohibited. — Cruel  delusion 
in  New  York:  plot  falsely  imputed  to  negroes  to  burn  the  city,  1741. —  Slavery 
legalized  in  Georgia,  1750. — Review  of  the  state  of  Slavery  in  all  the  colonies  in 
1750. —  Period  of  the  Revolution. —  Controversy  in  Massachusetts  on  the  subject 
of  slavery,  1766  to  1773. —  Slaves  gain  their  freedom  in  the  courts  of  Massachu 
setts. — Court  of  King's  Bench  decision. — Mansfield  declares  the  law  of  England, 
1772. — Continental  Congress  declares  against  African  slave-trade,  1784 369 

CHAPTER  XXII. 

SLAVERY  UNDER  THE  CONFEDERATION. — EMANCIPATION  BY  THE  STATES 

Number  of  Slaves  in  the  United  States  at  the  period  of  the  declaration  of  Independ 
ence. — Proportion  in  each  of  the  thirteen  States. — Declaration  against  slavery  in 
the  State  Constitution  of  Delaware. — Constitutions  of  Massachusetts  and  New 
Hampshire  held  to  prohibit  slavery,  by  Supreme  Courts,  1783. — Act  of  Pennsyl 
vania  Assembly,  1780,  forbids  introduction  of  slaves,  and  gives  freedom  to  all 
persons  thereafter  born  in  that  State. — A  similar  law  enacted  in  Connecticut  and 
Rhode  Island,  1784. — Virginia  Assembly  prohibits  further  introduction  of  slaves, 
1778,  and  emancipation  encouraged,  1782. — Maryland  enacts  similar  laws,  1783. — 
Opinions  of  Washington,  Jefferson,  and  Patrick  Henry. — New  York  and  New  Jer 
sey  prohibit  further  introduction  of  slaves. — North  Carolina  declares  further  in 
troduction  of  slaves  highly  impolitic,  1786. — Example  of  other  States  not  followed 
by  Georgia  and  South  Carolina. — Action  of  Congress  on  the  subject  of  the  Terri 
tories,  1784. — Jefferson's  provision  excluding  slavery,  struck  out  of  ordinance. — 
Proceedings  of  1787. — Ordinance  for  the  government  of  the  territory  north-we«t 
of  the  Ohio,  including  Jefferson's  provision  prohibiting  slavery,  passed  by  uu-m> 
mous  vote * 389 

CHAPTER  XXIII. 

« 

FORMATION  OP  THE  CONSTITUTION — SLAVERY  COMPROMISES. 

Convention  assembles  at  Philadelphia,  1787. —  Proceedings  in  reference  to  the  slav# 
basis  of  representation,  the  second  compromise  of  the  Constitution. —  Debate. — 
Remarks  of  Patterson,  Wilson,  King,  Gouverneur  Morris,  and  Sherman. — Debate 
on  the  Importation  of  slaves,  by  Rutledge,  Ellsworth,  Sherman,  C.  Pinckney. — 
Denunciation  of  slavery  by  Mason  of  Virginia. — The  third  Compromise,  the  con 
tinuance  of  the  African  slave-trade  for  twenty  years,  and  the  unrestricted  power 
of  Congress  to  enact  Navigation  laws 393 

CHAPTER  XXIV. 

POLITICAL  HISTORY  OP  SLAVERY  IN  THE  UNITED  STATES  FROM  1789  TO  1800. 

First  session  of  First  Congress,  1789. — Tariff  bill — dutv'mposed  on  imported  slaves. 
— The  Debate — views  of  Roger  Sherman,  Fisher  LjUes,  Madison,  &c. — Review  of 
the  state  of  slavery  in  the  States  in  1790  -  Second  session. —  Petitions  from  the 
Quakers  of  Pennsylvania,  Deleware  and  New  York. — Petition  of  Pennsylvania 
Society,  signed  by  Franklin. — E---  .iiing  debate — power  of  Congress  over  slavery. — 
Census  of  1790. —  Slave  p^alation. — Vermont  the  first  State  to  abolish  and  pro- 


CONTENTS.  »       il 

hibit  slavery. — Constitution  of  Kentucky — provisions  in  respect  to  slavery. — Ses 
sion  of  1791. — Memorials  for  suppression  of  slave-trade,  from  Virginia,  Maryland, 
New  York,  &c. — The  Right  of  Petition  discussed. — First  fugitive  slave  law,  1793. 
First  law  to  suppress  African  Slave  Trade,  1794. — The  Quakers  again,  1797 — their 
emancipated  slaves  reduced  again  to  slavery,  under  expost  facto  law  of  North 
Carolina. — Mississippi  territory —  slavery  clause  debated. —  Foreign  slaves  prohi 
bited. — Constitution  of  Georgia — importation  of  slaves  prohibited,  1798 — provi 
sions  against  cruelty  to  slaves. —  New  York  provides  for  gradual  extinguishment 
of  slavery,  1799. — Failure  of  similar  attempt  in  Kentucky. —  Colored  citizens  of 
Pennsylvania  petition  Congress  against  Fugitive  Slave  law  and  slave-trade — their 
petition  referred  to  a  committee  ;  bill  reported  and  passed,  1800 403 

CHAPTER  XXV. 

POLITICAL  HISTORY  OF  SLAVERY  IN  THE  UNITED  STATES,  FROM  1800  TO  1807. 

Slave  population  in  1800. —  Georgia  cedes  territory — slavery  clause. —  Territory  of 
Indiana — attempt  to  introduce  Slavery  in  1803 — Petition  Congress — Com.  of  H.  R. 
report  against  it. — Session  of  1804,  committee  report  in  favor  of  it,  limited  to  ten 
years. — No  action  on  report. — Foreign  slave-trade  prohibited  with  Orleans  Terri 
tory,  1804. — South  Carolina  revives  slave-trade ;  the  subject  before  Congress. — 
New  Jersey  provides  for  gradual  extinction  of  slavery,  1804. — Attempt  to  gradu 
ally  abolish  slavery  in  District  of  Columbia,  unsuccessful  in  Congress. — Renewed 
attempt  to  introduce  slavery  into  Territory  of  Indiana,  1806,  unsuccessful. — Leg 
islature  of  Territory  in  favor  of  it,  1807 — Congressional  committee  report  against 
it. — Jefferson's  Message — recommendation  to  abolish  African  slave-trade — the 
siibject  before  Congress — bill  reported — the  debate — Speeches  of  members — Act 
passed  1807,  its  provisions 430 

CHAPTER  XXVI. 

POLITICAL  HISTORY  OF  SLAVERY  IN  THE  UNITED  STATES  FROM  1807  TO  1820. 

Slave  population  in  1810. — Period  of  the  war. — John  Randolph's  denunciations. — 
Proclamation  of  Admiral  Cochrane  to  the  slaves. — Treaty  of  Peace — arbitration 
on  slave  property. — Opinions  of  the'domestic  slave-trade  by  southern  statesmen. 
— Constitution  of  Mississippi — slave  provisions. — The  African  slave-trade  and 
fugitive  law. — Missouri  applies  for  admission — proviso  to  prohibit  slavery. — De 
bate — speeches  of  Fuller,  Tallniadge,  Scott,  Cobb,  and  Livermore. — Proceedings, 
1820. — Bill  for  organizing  Arkansas  Territory — proviso  to  prohibit  slavery  lost. — 
Excitement  in  the  North. — Public  meetings. — Massachusetts  memorial. — Resolu 
tions  of  state  legislatures  of  New  York,  New  Jersey,  Pennsylvania,  Delaware, 
and  Kentucky. — Congress — the  Missouri  struggle  renewed. — The  compromise. — 
Proviso  to  exclude  slavery  in  territory  north  of  36°  30'  carried. — Proviso  to  pro 
hibit  slavery  in  Missouri  lost. — Opinions  of  Monroe's  cabinet. — Reflections  of  J.  Q. 
Adams. — State  Constitution  of  Missouri — final  struggle. — Missouri  admitted  as  a 
slave  state 447 

CHAPTER  XXVII. 

PERIOD  FROM  1820  TO  1825. — POLITICAL  HISTORY  OF  SLAVERY. 
Ctnisus  of  1820. — Session  of  1824-5. — Gov.  Troup's  demonstrations. — Georgia  legis- 


Xii  CONTENTS. 

lature — Secession  threatened. — Slaves  in  Canada — their  surrender  refused  by  Eng 
land. — Citizens  of  District  of  Columbia  petition  for  gradual  abolition. — Census  of 
1830 — Anti-slavery  societies  formed  in  the  north — counter  movements  north  and 
south. — The  mail  troubles. — Manifesto  of  American  Anti-slavery  Society. — Peti 
tions  to  congress — Discussion  on  the  disposal  of  them. — Bill  to  prohibit  the  circu 
lation  of  Anti-slavery  publications  through  the  mails. — Calhoun's  report — Meas 
ure  opposed  by  Webster,  Clay,  Benton,  and  others. — Buchanan,  Tallniadge,  &c., 
favor  it — Bill  lost. — Atherton's  gag  resolutions  passed i . . .  498 

CHAPTER  XXVIII. 

PERIOD  FROM  1835  TO  1842. — POLITICAL  HISTORY. 

Free  territory  annexed  to  Missouri,  1836. — Texas  applies  for  annexation. — Remon 
strances. — Preston's  resolution  in^lSSS,  in  favor  of  it,  debated  by  Preston,  John 
Quincy  Adams  and  Henry  A.  Wise. — The  Amistad — Captives  liberated. — Census 
of  1840. — Session  of  1841-2. — Mr.  Adams  presents  petition  for  dissolution  of  the 
Union. — Excitement  in  the  house. — Resolutions  of  censure,  advocated  by  Mar 
shall. — Remarks  of  Mr.  Wise  and  Mr.  Adams. — Resolutions  opposed  by  Under 
wood,  of  Kentucky,  Botts,  of  Virginia,  Arnold,  of  Tennessee,  and  others. — Mr. 
(Biddings,  of  Ohio,  presents  a  petition  for  amicable  division  of  the  Union — resolu 
tion  of  censure  not  received. — Case  of  the  Creole. — Censure  of  Mr.  Giddings  ;  he 
resigns,  is  re-elected 511 

CHAPTER  XXIX. 

PERIOD  FROM  1842  TO  1849. — ANNEXATION  OF  TEXAS. 

.        t  •  •;.,. .   V,    '         ,  . 

Object  of  the  acquisition  set  forth  by  Mississippi,  Alabama  and.  Tennessee  legisla 
tures,  and  by  Mr.  Wise  and  Mr.  Gilnier,  1842. — Tyler's  treaty  of  annexation — re 
jected  by  the  senate. — Presidential  campaign  of  1844. — Clay  and  Van  Buren  on 
annexation. — Calhoun's  Letter. — Session  of  1844-5 ;  joint  resolution  passed,  and 
approved  March  1,  1845. — -Mexican  minister  protests. — War  with  Mexico. — The 
$2,000,000  bill.— Wilmot  Proviso. — Session  of  1847-8. — Bill  to  organize  Oregon 
territory. — Power  of  Congress  over  slavery  in  the  territories  discussed, — Dix  and 
Calhoun. — Mr.  Calhoun  controverts  the  doctrines  of  the  Declaration  of  Indepen 
dence. — Cass'  Nicholson  letter 531 

CHAPTER  XXX. 

POLITICAL  HISTORY  OF  SLAVERY. — COMPROMISES  OF  1850. 

Message  of  President  Taylor — Sam.  Houston's  propositions — Taylor's  Special  Message. 
— Mr.  Clay's  propositions  for  arrangement  of  slavery  controversy. — His  resolutions. 
Resolutions  of  Mr.  Bell. — The  debate  on  Clay's  resolutions,  by  Rusk,  Foote,  of  Mis 
sissippi,  Mason,  Jefferson  Davis,  King,  Clay,  and  Butler. — Remarks  of  Benton, 
Calhoun,  Webster,  Seward,  and  Cass. — Resolutions  referred. — Repoit  of  Com 
mittee. — The  omnibus  bill. — California  admitted. — New  Mexico  organized. — Tex 
as  boundary  established. — Utah  organized. — Slave-trade  in  the  District  of  Co 
lumbia  abolished. — Fugitive  Slave  law  passed 563 


CONTENTS.  XU1 

.       r.  •  , 

CHAPTER  'XXXI. 

REPEAL  OP  MISSOURI  COMPROMISE.  —  KANSAS  AND  NEBRASKA  ORGANIZED 

The  platforms,  slavery  agitation  repudiated  by  both  parties.  —  Mr.  Pierce's  Inaugu 
ral  and  Message  denounce  agitation.  —  Session  of  1853-4  :  —  the  storm  bursts 
forth.  —  Proposition  to  repeal  the  Missouri  Compromise.  —  Kansas-Nebraska  bill.  — 
Mr.  Douglas'  defense  of  the  bill  —  Mr.  Chase's  reply  —  Remarks  of  Houston,  Cass, 
Seward,  and  others.  —  Passage  of  the  bill  in  the  house.  —  Passed  by  senate,  and 
approved.  —  The  territories  organized  ............  •.  .............................  60S 

CHAPTER   XXXII. 
AFFAIRS  OF  KANSAS.  —  CONGRESSIONAL 


Session  of  1855-6.  —  The  President's  special  message  referred.  —  Report  of  committee 
by  Mr.  Douglas.  —  Emigrant  Aid  Societies.  —  Minority  report  by  Mr.  Collamer.  — 
Special  Committee  of  the  House  sent  to  Kansas  to  investigate  affairs.  —  Report  of 
the  Committee.  —  Armed  Missourians  enter  the  territory  and  control  the  elections. 

—  Second  foray  of  armed  Missourians.  —  Purposes  of  Aid  Societies  defended.  —  Mob 
violence.  —  Legislature  assembles  at  Pawnee.  —  Its  acts.  —  Topeka  Constitutional 
Convention.-  -Free  State  Constitution  framed.  —  Adopted  by  the  people.  —  Election 
for  State  officers.  —  Topeka  legislature.  —  The  Wakarusa  war.  —  Outrages  upon  the 
citizens.  —  Robberies  and  murders.  —  Lawrence  attacked.  —  Free  state  constitution 
submitted  to  Congress.  —  Bill  to  admit  Kansas  under  free  state  constitution  passes 
the  house.  —  Douglas'  bill  before  the  senate.  —  Trumbull's  propositions  rejected.  — 
Amendments  proposed  by  Foster,  Collamer,«  Wilson  and  Seward,  rejected.  —  Bill 
passed  by  senate.  —  Dunn's  bill  passed  by  house.  —  Appropriation  bills.  —  Proviso 
to  armv  MU.  —  Session  terminates.  —  Extra  session.  —  President  stands  firm,  house 
firmer,  **n<Ue  firmest.  —  The  army  bill  passed  without  the  proviso  ..............   643 

CHAPTER  XXXIII. 

HISTORY  OF  THE  TROUBLES  IN  KANSAS,  CONTINUED. 

Judge  Lpcompte's  charge  to  Grand  Jury  —  Presentments.  —  Official  correspondence. 

—  Attack  on  Lawrence.  —  Free  State  bands  organized  —  attack  pro-slavery  set 
tlements.  —  Fights  at  Palmyra,  Franklin,  and  Ossawattamie.  —  Murders.  —  Shannon 
removed,  —  Atchison's   army   retreat.  —  Geary  appointed   governor.  —  Deplorable 
condition  of  the  territory.  —  Letter  to  Secretary  Marcy.-*-Iuaugural  address  and  pro 
clamations.  —  Atchison's  call  upon  the  South.  —  Woodson's  proclamation.  —  Armed 
bands  enter  the  territory.  —  Lawrence  doomed  to  destruction.  —  Gov.  Geary's  deci 
sive  measures.  —  Army  dispersed  and  Lawrence  saved.  —  Hickory  Point  —  capture 
of  Free  State  company.  —  Dispatch  to  Secretary  Marcy.:  —  Murder  of  Buffum.  — 
Geary  and  Lecompte  in  collision.  —  Official  documents.  —  The  Judiciary.  —  Rumors 
of  Lane's  army.  —  Redpath's  company  captured  —  released  by  governor.  —  Capture 
of  Eldridge's  company.  —  Official  correspondence.  —  Assembling  of  Topeka  legisla 
ture  —  Members  arrested.  —  Territorial  Legislative  Assembly  convened.  —  Inaugural 

—  Vetoes  of  the  governor.  —  The   "  Census  Bill"  —  its  provisions  for  forming  State 
Constitution.  —  Constitution  not  to  be  submitted  to  the  people.  —  Gov.  Geary's  prop 
osition  rejected.  —  He  vetoes  the  bill  —  Bill  passed.  —  Disturbances  in  the  capital.  — 
Geary's  requisition  for  U.  S.  troops  refused.  —  His  application  for  money  refused. 

—  Difficulties  of  his  situation  —  he   resigns  —  his  farewell   address.  —  Robert  J. 


XiV  CONTENTS. 

Walker  appointed  his  successor.  —  Secretary  Stanton.  —  Fraudulent  apportion 
ment. — Walker's  Inaugural — his  recommendation  to  have  Constitution  submitted 
to  the  people. — This  measure  denounced  at  the  South. —  Convention  assembles 
September,  1857.— Adjourns  to  October  26th,  1857 719 

CHAPTER  XXXIV. 

STATISTICAL  TABLES  CONSTRUCTED  FROM  THE  CENSUS  OP  1850. 

TERRITORY — Area  of  Free  States  ;  area  of  Slave  States. — POPULATION — Free  colored  in 
Free  States ;  Free  colored  in  Slave  States ;  Slaves. — Amalgamation ;  Mulattoes  of 
Free  States;  Mulattoes  of  Slave  States  ;  Proportion  to  Whites. — Manumitted  Slaves ; 
Fugitive  Slaves  ;  Occupation  of  Slaves  ;  Number  of  Slave  Holders  ;  Proportion  to 
Non-Slave  Holders. —  REPRESENTATION — Number  of  Representatives  from  Slave 
States. — Number  of  Representatives  from  Free  States ;  Basis  in  numbers  and 
classes. — MORAL  AND  SOCIAL — Churches,  Church  Property,  Colleges,  Public  Schools, 
Private  Schools  ;  Number  of  Pupils  ;  Annual  Expenditure  ;  Persons  who  cannot 
read  and  write ;  Lands  appropriated  by  General  Government  for  Education  ;  Peri 
odical  Press  ;  Libraries. — CHARITIES — Pauperism  in  Free  States  ;  in  Slave  States. 
— CRIMINALS — Number  of  Prisoners. — AGRICULTURE — Value  of  Farms  and  Imple 
ments  in  Free  and  Slave  States. — MANUFACTURES,  MINING,  MECHANIC  ARTS — Cap 
ital  invested  ;  Annual  Product. — RAIL  ROADS  AND  CANALS — Number  of  Miles  ; 
Cost. — TOTAL  REAL  ANP  PERSONAL  ESTATE. — Value  of  Real  Estate  in  Free  States ; 
in  Slave  States;  value  of  Personal  in  Free  States;  in  Slave  States,  including 
and  excluding  Slaves. — Miscellaneous 809 

APPENDIX — Dred  Scott  decision -. 807 


PREFACE 


THIS  book  is  intended  for  general  reading,  and  may  also  serve  as  a  book  of 
reference.  It  is  an  attempt  to  compile  and  present  in  one  volume  the  histori 
cal  records  of  slavery  in  ancient  and  modern  times — the  laws  of  Greece  and 
Rome  and  the  legislation  of  England  and  America  upon  the  subject — and  to 
exhibit  some  of  its  effects  upon  the  destinies  of  nations.  It  is  compiled  from 
what  are  conceded  to  be  authentic  and  reliable  books,  documents,  and  records. 
In  looking  up  material  for  that  portion  of  the  book  which  treats  of  slavery  in 
the  nations  of  antiquity,  the  compiler  found  small  encouragement  among  the 
historians.  "  There  is  no  class  so  abject  and  despised  upon  which  the  fate  of 
nations  may  not  sometimes  turn  ;"  and  it  is  strange  that  a  system  which  per 
vaded  and  weakened,  if  it  did  not  ruin,  the  republics  of  Greece  and  the  empire 
of  the  Caesars,  should  not  be  more  frequently  noticed  by  historical  writers. 
They  refer,  only  incidentally,  to  the  existence  of  slavery.  An  insurrection  or 
other  remarkable  event  with  which  the  slaves  are  connected,  occasionally  re 
minds  the  reader  of  history  of  the  existence  of  a  servile  class.  The  historian 
of  the  Decline  and  Fall  of  the  Roman  Empire  devotes  but  two  pages  to  what 
he  describes  as  "that  unhappy  condition  of  men  who  existed  in  every  province 
and  every  family,  exposed  to  the  wanton  rigor  of  despotism, "and  who,  accord 
ing  to  his  own  account,  numbered,  in  the  age  of  the  Antonines,  sixty  millions ! 
Yet  "  slavery  was  the  chief  and  most  direct  cause  of  the  ruin  of  the  Roman 
Empire,"  if  we  may  credit  the  assertions  made  in  the  legislature  of  Virginia 
shortly  after  an  insurrection  in  that  state.  How  few  of  the  historians  of  Eng 
land  refer  to  the  existence  in  that  country  of  a  system  of  unmitigated,  hope 
less,  hereditary  slavery.  Yet  it  prevailed  throughout  England  in  Saxon  and 
Norman  times.  In  the  time  of  the  Heptarchy,  slaves  were  an  article  of  ex 
port.  "  Great  numbers  were  exported,  like  cattle,  from  the  British  coasts." 
The  Roman  market  was  partially  supplied  with  slaves  from  the  shores  of  Brit 
ain.  Pope  Gregory  the  Great,  struck  with  the  blooming  complexions  and  fair 
hair  of  some  Saxon  children  in  the  slave  market,  sent  over  St.  Augustine  from 
Rome  to  convert  the  islanders  to  Christianity.  In  the  time  of  Alfred,  slaves 
were  so  numerous  that  their  sale  was  regulated  by  law.  As  a  general  thing, 
however,  feudalism  strangled  the  old  forms  of  slavery,  and  both  disappeared 
in  England  in  the  advancing  light  of  Christianity.  The  historians  of  the 
United  States,  also,  with  the  exception  of  Hildreth,  seldom  refer  to  the  sub 
ject  of  slavery.  They  perhaps  imagine  that  they  descend  below  the  dignity 
of  history  if  they  treat  of  any  thing  but  "  battles  and  seiges,  and  the  rise  and 
fall  of  administrations."  Yet  the  printed  annals  of  congress,  from  the  foun 
dation  of  the  government  to  the  present  time,  are  filled  with  controversies  upon 


XVI  PREFACE. 

the  ever  prominent  "  slavery  question  ";  and  every  important  measure  seems 
to  have  had  a  "  slavery  issue  "  involved  in  it. 

Meantime,  and  while  awaiting  the  advent  of  a  regular  "  philosophical " 
historian  of  slavery,  we  present  an  imperfect,  but,  we  trust,  useful  compilation. 
The  greater  part  of  the  volume  is  devoted  to  the  Political  History  of  Slavery 
in  the  United  States.  The  legislation  of  congress  upon  subjects  embracing 
questions  of  slavery  extension  or  prohibition,  has  been  faithfully  rendered 
from  the  record ;  and  the  arguments  used  on  both  sides  of  controverted  ques 
tions  have  been  impartially  presented.  The  parliamentary  history  of  the 
abolition  of  the  African  slave-trade  has  been  made  to  occupy  considerable 
space,  chiefly  in  order  to  lay  before  the  reader  the  views  upon  the  subject  of 
slavery  entertained  by  that  class  of  unrivaled  statesmen  which  embraced  the 
names  of  Pitt,  Fox,  Burke,  and  others  not  unknown  to  fame.  TJie  history 
of  the  legislation  of  our  own  country  upon  subjects  in  which  slavery  issues 
were  involved,  will  also  bring  before  the  reader  another  array  of  eminent 
statesmen,  with  whose  familiar  names  he  is  accustomed  to  associate  the  idea 
of  intellectual  power.  Chapters  upon  slavery  in  Greece  and  Rome  have 
been  introduced  into  the  boolk,  as  various  opinions  seem  to  prevail  in  regard 
to  the  forms,  features,  laws,  extent  and  effects  of  ancient  slavery.  Some  point 
with  exultation  to  the  prosperity  of  imperial  Rome  with  her  millions  of  slaves; 
others  with  equal  exultation  point  to  her  decay  as  the  work  of  the  avenging 
spirit  of  slavery.  Others,  again,  contend  that  slavery  was  confined  to  but  a 
small  portion  of  the  empire,  and  had  small  effect  upon  its  prosperity  or  ad 
versity. 

To  gratify  a  class  of  readers  to  whom  the  relation  of  exciting  incidents  is 
of  more  interest  than  the  details  of  legislative  action,  we  have  devoted  a  space 
to  the  abominations  of  the  old  legalized  slave  traffic,  and  to  the  increased  hor 
rors  of  the  trade  after  it  had  been  declared  piracy  by  Christian  nations.  It  is 
a  fearful  chapter  of  wrong,  violence  and  crime. 

"According  to  an  enlightened  philosophy,"  we  quote  from  the  Conversations 
Lexicon,  "  each  human  being  retains  inherently  the  right  to  his  own  person, 
and  can  neither  sell  himself,  nor  be  legally  bound  by  any  act  of  aggression  on 
his  natural  liberty.  Slavery,  therefore,  can  never  be  a  legal  relation.  It  rests 
entirely  on  force.  The  slave  being  treated  as  property,  and  not  allowed  legal 
rights,  cannot  be  under  legal  obligations.  Slavery  is  also  inconsistent  with  the 
moral  nature  of  man.  Each  man  has  an  individual  worth,  significance,  and 
responsibility;  is  bound  to  the  work  of  self-improvement,  and  to  labor  in  a 
sphere  for  which  his  capacity  is  adapted.  To  give  up  this  individual  liberty 
is  to  disqualify  himself  for  fulfilling  the  great  objects  of  his  being.  Hence, 
political  societies  which  have  made  a  considerable  degree  of  advancement  do 
not  allow  any  one  to  resign  his  liberty  any  more  than  his  life,  to  the  pleasure 
of  another.  In  fact,  the  great  object  of  political  institutions  in  civilized  na 
tions  is  to  enable  man  to  fulfill  most  perfectly  the  ends  of  his  individual  be 
ing.  Christianity,  moreover,  lays  down  the  doctrine  of  doing  as  we  would  be 
done  by,  as  one  of  its  fundamental  maxims,  which  is  wholly  opposed  to  the 
idea  of  one  man  becoming  the  property  of  another.  These  two  principles  of 
mutual  obligation,  and  the  worth  of  the  individual,  were  beyond  the  compre 
hension  of  the  states  of  antiquity,  but  are  now  at  the  basis  of  morals,  politics, 
and  religion." 


HISTORY  OF  SLAVERY. 


CHAPTER  I. 

PRELIMINARY  SKETCH. — ANCIENT  SLAVERY. 

Early  existence  of  Slavery  in  the  world. — The  Mosaic  institutions  in  regard  to  Slavery.— 
Hebrews,  how  reduced  to  servitude. — The  Jubilee. — Distinction  between  native  and  for 
eign  Slaves. — Voluntary  Slaves  :  the  Mercenarii  of  the  Romans  ;  the  Prodigals  or  debtor 
Slaves  ;  the  Delinquents  ;  the  Enthusiasts. — Involuntary  Slaves  :  prisoners  of  war,  an<t 
captives  stolen  in  peace,  with  the  children  and  descendants  of  both. — Voluntary 
Slavery  introduced  by  decree  of  the  Roman  Senate. — Slavery  in  Rome  :  condition  of 
the  Slaves  ;  cruelty  to  the  old  and  sick  ;  prisons  for  Slaves  ;  Sicily  :  servile  war  and 
breaking  up  of  the  prisons. — Piracy  esteemed  honorable  by  the  early  Greeks.— Pirati 
cal  expeditions  to  procure  Slaves. — Causes  of  the  gradual  extinction  of  Slavery  in 
Europe. — Origin  of  the  African  Slave  Trade  by  the  Portuguese. — Followed  by  most  of 
the  maritime  nations  of  Europe. 


I 


T  is  certainly  a  curious  fact,  that  so  far  as  we  can  trace  back  the  history  of 
the  human  race,  we  discover  the  existence  of  Slavery.  One  of  the  most  obvi 
ous  causes  of  this,  is  to  be  found  in  the  almost  incessant  wars  which  were  car 
ried  on  in  the  early  periods  of  the  world,  between  tribes  and  nations,  in  which 
the  prisoners  taken  were  either  slain  or  reduced  to  slavery. 

The  Mosaic  institutions  were  rather  predicated  upon  the  previous  existence 
of  slavery  in  the  surrounding  nations,  than  designed  to  establish  it  for  the  first 
time  ;  and  the  provisions  of  the  Jewish  law  upon  this  subject,  effected  changes 
and  modifications  which  must  hare  improved  the  condition  of  slaves  among 
that  peculiar  people.  There  were  various  modes  by  which  the  Hebrews  might 
be  reduced  to  servitude.  A  poor  man  might  sell  himself ;  a  father  might  sell 
his  children  ;  debtors  might  be  delivered  as  slaves  to  their  creditors ;  thieves, 
who  were  unable  to  make  restitution  for  the  property  stolen,  were  sold  for  the 
benefit  of  the  sufferers.  Prisoners  of  war  were  subjected  to  servitude ;  and  if 
a  Hebrew  captive  was  redeemed  by  another  Hebrew  from  a  Gentile,  he  might 
be  sold  by  his  deliverer  to  another  Israelite.  At  the  return  of  the  year  of 
jubilee  all  Jewish  captives  were  set  free.  However,  by  some  writers  it  i.s 
stated  that  this  did  not  apply  to  foreign  slaves  held  in  bondage ;  as  over  these 
the  master  had  entire  control.  He  might  sell  them,  judge  them,  and  even  pun 
ish  them  capitally  without  any  form  of  legal  process.  The  law  of  Moses  pro 
vides  that  "if  a  man  smite  his  servant  or  his  maid  with  a  rod,  and  he  die  under 
2 


18  ANCIENT    SLAVERY. 

his  hand,  he  shall  be  surely  punished ;  notwithstanding  if  he  continue  a  day  01 
two  he  shall  not  be  punished,  for  he  is  his  money."  This  restriction  is  said,  by 
some,  to  have  applied  only  to  Hebrew  slaves,  and  not  to  foreign  captives  who 
were  owned  by  Jews.  In  general,  if  any  one  purchased  a  Hebrew  slave,  he 
could  hold  him  only  six  years.  Among  other  provisions,  the  Mosaic  laws 
declared  the  terms  upon  which  a  Hebrew,  who  had  been  sold,  could  redeem 
himself,  or  be  redeemed  by  his  friends,  and  his  right  to  take  with  him  his  wife 
and  children,  when  discharged  from  bondage. 

Among  those  who  were  denominated  slaves  in  the  more  lax  or  general  use 
of  the  term,  we  may  reckon  those  who  were  distinguished  among  the  Romans 
by  the  appellation  of  "  mercenarii,"  so  called  from  the  circumstances  of  their  hire. 
These  were  free-born  citizens,  who,  from  the  various  contingencies  of  fortune, 
were  under  the  necessity  of  recurring  for  support  to  the  service  of  the  rich.  A 
contract  subsisted  between  the  parties,  and  most  of  the  dependents  had  the 
right  to  demand  and  obtain  their  discharge,  if  they  were  ill-used  by  their  mas 
ters.  Among  the  ancients  there  was  another  class  of  servants,  which  consisted 
wholly  of  those  who  had  suffered  the  loss  of  libeity  from  their  own  imprudence. 
Such  were  the  Grecian  prodigals,  who  were  detained  in  the  service  of  their 
creditors,  until  the  fruits  of  their  labor  were  equivalent  to  their  debts ;  the 
delinquents,  who  were  sentenced  to  the  oar ;  and  the  German  enthusiasts, 
mentioned  by  Tacitus,  who  were  so  addicted  to  gaming,  that  when  they  had 
parted  with  every  thing  else,  they  staked  their  liberty  and  their  persons.  "The 
loser,"  says  the  historian,  "  goes  into  a  voluntary  servitude ;  and  though  younger 
and  stronger  than  the  person  with  whom  he  played,  patiently  suifers  himself  to 
be  bound  and  sold.  Their  perseverance  in  so  bad  a  custom  is  styled  honor. 
The  slaves  thus  obtained  are  immediately  exchanged  away  in  commerce,  that 
the  winner  may  get  rid  of  the  scandal  of  his  victory."  The  two  classes  now 
enumerated  comprehend  those  that  may  be  called  the  Yoluntary  Slaves,  and 
they  are  distinguished  from  those  denominated  Involuntary  Slaves,  who  were 
forced,  without  any  previous  condition  or  choice,  into  a  situation,  which,  as  it 
tended  to  degrade  a  part  of  the  human  species,  and  to  class  it  with  the  brutal, 
must  have  been,  of  all  situations,  the  most  wretched  and  insupportable.  The 
class  of  involuntary  slaves  included  those  who  were  "prisoners  of  war,"  and 
these  were  more  ancient  than  the  voluntary  slaves,  who  are  first  mentioned  in 
the  time  of  Pharaoh.  The  practice  of  reducing  prisoners  of  war  to  the  condi 
tion  of  slaves  existed  both  among  the  eastern  nations  and  the  people  of  the 
west ;  for  as  the  Helots  became  the  slaves  of  the  Spartans  merely  from  the 
right  of  conquest,  so  prisoners  of  war  were  reduced  to  the  same  situation  by 
the  other  inhabitants  of  Greece.  The  Romans,  also,  were  actuated  by  the  same 
principle ;  and  all  those  nations  which  contributed  to  overturn  the  empire: 
adopted  a  similar  custom ;  so  that  it  was  a  general  maxim  in  their  polity 
that  those  who  fell  under  their  power  as  prisoners  of  war,  should  immediately 
be  reduced  to  the  condition  of  slaves.  The  slaves  of  the  Greeks  were  gener 
ally  barbarians,  and  imported  from  foreign  countries. 


ANCIENT   SLAVERY.  19 

"  By  the  civil  law  the  power  of  making  slaves  is  esteemed  a  right  of  nations, 
and  follows,  as  a  natural  consequence  of  captivity  in  war."  This  is  the  first 
origin  of  the  right  of  slavery  assigned  by  Justinian.  The  conqueror,  say  the 
civilians,  had  the  right  to  the  life  of  his  captive  ;  and  having  spared  that,  has 
the  right  to  deal  with  him  as  he  pleases.  This  position,  taken  generally,  is 
denied  by  Blackstone,  who  observes  that  a  man  has  a  right  to  kill  his  enemy, 
only  in  cases  of  absolute  necessity  for  self-defense ;  and  it  is  plain  this  absolute 
necessity  did  not  exist,  since  the  victior  did  not  kill  him,  but  made  him  prison 
er.  Since,  therefore,  the  right  of  making  slaves  by  captivity  depends  on  a 
supposed  right  of  slaughter,  that  foundation  failing,  the  consequence  drawn 
from  it  must  fail  likewise.  Farther,  it  is  said,  slavery  may  begin  "jure  civili," 
when  one  man  sells  himself  to  another ;  but  this,  when  applied  to  strict  slavery, 
in  the  sense  of  the  laws  of  old  Rome  or  modern  Barbary,  is  also  impossible. 
Every  sale  implies  a  price,  an  equivalent  given  to  the  seller  in  lieu  of  what  he 
transfers  to  the  buyer;  but  what  equivalent  can  be  given  for  life  and  liberty, 
both  of  which,  in  absolute  slavery,  are  held  to  be  at  the  master's  disposal  ? 
His  property,  also,  the  very  price  he  seems  to  receive,  devolves  to  his  master 
the  instant  he  becomes  his  slave :  and  besides,  if  it  be  not  lawful  for  a  man  to 
kill  himself,  because  he  robs  his  country  of  his  person,  for  the  same  reason  he 
is  not  allowed  to  barter  his  freedom; — the  freedom  of  every  citizen  constitutes 
a  part  of  the  public  liberty.  In  this  case,  therefore,  the  buyer  gives  nothing, 
and  the  seller  receives  nothing ;  of  what  validity,  then,  can  a  sale  be,  which 
destroys  the  very  principle  upon  which  all  sales  are  founded  ?  Lastly,  we  are 
told,  that  besides  these  two  ways,  by  which  slaves  may  be  acquired,  they  may 
also  be  hereditary ;  the  children  of  acquired  slaves  being,  by  a  negative  kind 
of  birthright,  slaves  also ;  but  this  being  founded  on  the  two  former  rights, 
must  fall  together  with  them.  If  neither  captivity,  nor  the  sale  of  one's  self, 
can,  by  the  law  of  nature  and  reason,  reduce  the  parent  to  slavery,  much  less 
can  they  reduce  the  offspring.* 

Voluntary  slavery  was  first  introduced  in  Rome  by  a  decree  of  the  senate  in 
the  time  of  the  emperor  Claudius,  and  at  length  was  abrogated  by  Leo.  The 
Romans  had  the  power  of  life  and  death  over  their  slaves ;  which  no  other 
nations  had.  This  severity  was  afterwards  modified  by  the  laws  of  the  emper 
ors  ;  and  by  one  of  Adrian  it  was  made  capital  to  kill  a  slave  without  a  cause. 
The  slaves  were  esteemed  the  proper  goods  of  their  masters,  and  all  they  got 
belonged  to  them ;  but  if  the  master  was  too  cruel  in  his  domestic  corrections, 
he  was  obliged  to  sell  his  slave  at  a  moderate  price.  The  custom  of  exposing 
old,  useless  or  sick  slaves,  in  an  island  of  the  Tiber,  there  to  starve,  seems  to 
have  been  very  common  in  Rome  ;  and  whoever  recovered,  after  having  been 
so  exposed,  had  his  liberty  given  him,  by  an  edict  of  the  emperor  Claudius,  in 
which  it  was  likewise  forbidden  to  kill  any  slave  merely  for  old  age  or  sickness. 
Nevertheless,  it  was  a  professed  maxim  of  the  elder  Cato,  to  sell  his  superannu- 

*  Blackstone's  Com. :   Montesquieu's  Spirit  of  Laws. 


20  ANCIENT  SLAVERY. 

ated  slaves  at  aiiy  price,  rather  than  maintain  what  he  deemed  a  useless  burden. 
The  dungeons,  where  slaves  in  chains  were  forced  to  work,  were  common  all 
over  Italy.  Columella  advises  that  they  be  built  under  ground ;  and  recom 
mends  the  duty  of  having  a  careful  overseer  to  call  over  the  names  of  the 
slaves,  in  order  to  know  when  any  of  them  had  deserted.  Sicily  was  full  of 
these  dungeons,  and  the  soil  was  cultivated  by  laborers  in  chains.  Eunus  and 
Athenio  excited  the  servile  war,  by  breaking  up  these  monstrous  prisons,  and 
giving  liberty  to  60,000  slaves. 

In  the  ancient  and  uncivilized  ages  of  the  world,  "  Piracy "  was  regarded  as 
an  honorable  profession ;  and  this  was  supposed  to  give  a  right  of  making 
slaves.  "  The  Grecians,"  says  Thucydides,  "  in  their  primitive  state,  as  well  as 
the  cotemporary  barbarians  who  inhabited  the  sea  coast  and  islands,  addicted 
themselves  wholly  to  it;  it  was,  in  short,  their  only  profession  and  support." 
The  writings  of  Homer  establish  this  account,  as  they  show  that  this  was  a 
common  practice  at  so  early  a  period  as  that  of  the  Trojan  war.  The  reputa 
tion  which  piracy  seems  to  have  acquired  among  the  ancients,  was  owing  to  the 
skill,  strength,  agility  and  valor  which  were  necessary  for  conducting  it  with 
success ;  and  these  erroneous  notions  led  to  other  consequences  immediately 
connected  with  the  slavery  of  the  human  species.  Avarice  and  ambition 
availed  themselves  of  these  mistaken  notions ;  and  people  were  robbed,  stolen, 
and  even  murdered,  under  the  pretended  idea  that  these  were  reputable  adven 
tures.  But  in  proportion  as  men's  sentiments  and  manners  became  more  refined, 
the  practice  of  piracy  lost  its  reputation,  and  began  gradually  to  disappear. 
The  practice,  however,  was  found  to  be  lucrative ;  and  it  was  continued  with  a 
view  to  the  emolument  attending  it,  long  after  it  ceased  to  be  thought  honora- 
able,  and  when  it  was  sinking  into  disgrace.  The  profits  arising  from  the  sale 
of  slaves  presented  a  temptation  which  avarice  could  not  resist ;  many  were 
stolen  by  their  own  countrymen  and  sold  for  slaves  ;  and  merchants  traded  on 
the  different  coasts  in  order  to  facilitate  the  disposal  of  this  article  of  com 
merce.  The  merchants  of  Thessaly, — according  to  Aristophanes,  who  never 
spared  the  vices  of  the  times, — were  particularly  infamous  for  this  latter  kind 
of  depredation ;  the  Athenians  were  notorious  for  the  former ;  for  they  had 
practiced  these  robberies  to  such  an  extent,  that  it  was  found  necessary  to  enact 
a  law  to  punish  kidnappers  with  death. 

From  the  above  statement  it  appears  that  there  were  among  the  ancients  two 
classes  of  involuntary  slaves :  captives  taken  in  war,  and  those  who  were 
privately  stolen  in  peace ;  to  which  might  be  added,  a  third  class,  comprehend 
ing  the  children  and  descendants  of  the  two  former. 

The  condition  of  slaves  and  their  personal  treatment  were  sufficiently 
humiliating  and  grievous,  and  may  well  excite  our  pity  and  abhorrence.  They 
were  beaten,  starved,  tortured,  and  murdered  at  discretion ;  they  were  dead  in 
a  civil  sense ;  they  had  neither  name  nor  tribe ;  they  were  incapable  of  judicial 
process ;  and  they  were,  in  short,  without  appeal.  To  this  cruel  treatment, 
however,  there  were  some  exceptions.  The  Egyptian  slave,  though  perhaps  a 


ANCIENT   SLAVERY.  21 

greater  drudge  than  any  other,  yet  if  he  had  time  to  reach  the  temple  of  Her 
cules  found  a  certain  retreat  from  the  persecution  of  his  master ;  and  he  derived 
additional  comfort  from  the  reflection  that  his  life  could  not  be  taken  with  im 
punity.*  But  no  place  seems  to  have  been  so  favorable  to  slaves  as  Athens. 
Here  they  were  allowed  a  greater  liberty  of  speech;  they  had  their  convivial 
meetings,  their  amours,  their  hours  of  relaxation,  pleasantry  and  mirth ;  and 
here,  if  persecution  exceeded  the  bounds  of  lenity,  they  had  their  temple,  like 
the  Egyptians,  for  refuge.  The  legislature  were  so  attentive  as  to  examine 
into  their  complaints,  and  if  founded  in  justice,  they  were  ordered  to  be  sold  to 
another  master.  They  were  allowed  an  opportunity  of  working  for  themselves ; 
and  if  they  earned  the  price  of  their  ransom,  they  could  demand  their  freedom 
forever. 

To  the  honor  of  Athens  and  Egypt,  and  the  cities  of  the  Jews,  their  slaves 
were  considered  with  some  humanity.  The  inhabitants  of  other  parts  of  the 
world  seemed  to  vie  with  each  other  in  the  oppression  and  debasement  of  this 
unfortunate  class. 

A  modern  writer,  to  whom  the  cause  of  humanity  is  under  inexpressible 
obligations,  proceeds  to  inquire  by  what  circumstances  the  barbarous  and  in 
human  treatment  of  slaves  were  produced.  The  first  of  these  circumstances 
which  he  mentions,  was  "commerce;"  for  if  men  could  be  considered  as 
possessions,  if  like  cattle  they  might  be  bought  and  sold,  it  will  be  natural  to 
suppose  that  they  would  be  regarded  and  treated  in  the  same  manner.  This 
kind  of  commerce,  which  began  in  the  primitive  ages  of  the  world,  depressed 
the  human  species  in  the  general  estimation ;  and  they  were  tamed  like  brutes 
by  hunger  and  the  lash,  and  the  treatment  of  them  so  conducted  as  to  render 
them  docile  instruments  of  labor  for  their  possessors.  This  degradation  of 
course  depressed  their  minds ;  restricted  the  expansion  of  their  faculties ;  stifled 
almost  every  effort  of  genius,  and  exhibited  them  to  the  world  as  beings  endued 
with  inferior  capacities  to  the  rest  of  mankind.  But  for  this  opinion  of  them 
there  seems  to  have  been  no  foundation  in  truth  and  justice.  Equal  to  their 
fellow  men  in  natural  talents,  and  alike  capable  of  improvement,  any  apparent, 
or  even  real  difference  between  them  and  others,  must  have  been  owing  to  the 
treatment  they  received,  and  the  rank  they  were  doomed  to  occupy. 

This  commerce  of  the  human  species  commenced  at  an  early  period.  The 
history  of  Joseph  points  to  a  remote  era  for  its  introduction.  Egypt  seems  to 
have  been,  at  this  time,  the  principal  market  for  the  sale  of  human  beings. 
It  was  indeed  so  famous  as  to  have  been  known,  within  a  few  centuries  from 
the  time  of  Pharaoh,  to  the  Grecian  colonies  in  Asia  and  to  the  Grecian  islands. 
Homer  mentions  Cyprus  and  Egypt  as  the  common  markets  for  slaves,  about 
the  time  of  the  Trojan  war.  Egypt  is  represented  in  the  book  of  Genesis  as  a 
market  for  slaves,  and  in  Exodus  as  famous  for  the  severity  of  its  servitude. 

*Herodotus. 


22  ANCIENT   SLAVERY. 

Tyre  and  Sidon,  as  we  learn  from  the  book  of  Joel,  were  notorious  for  the  pro 
secution  of  this  trade. 

This  custom  appears  also  to  have  existed  in  other  States.  It  traveled  all 
over  Asia.  It  spread  through  the  Grecian  and  Roman  world.  It  was  in  use 
among  the  barbarous  nations  that  overturned  the  Roman  empire ;  and  was 
therefore  practised  at  the  same  period  throughout  Europe.  However,  as  the 
northern  nations  were  Settled  in  their  conquests,  the  slavery  and  commerce  of  the 
human  species  began  to  decline,  and  were  finally  abolished.  Some  writers  have 
ascribed  this  result  to  the  prevalence  of  the  feudal  system ;  while  others,  a 
much  more  numerous  class,  have  maintained  that  it  was  the  natural  effect  of 
Christianity.  The  advocates  of  the  former  opinion  allege,  that  "  the  multitude 
of  little  states  which  sprung  up  from  one  great  one  at  this  era  occasioned  in 
finite  bickerings  and  matter  for  contention.  There  was  not  a  state  or  seignory 
that  did  not  want  all  the  men  it  could  muster,  either  to  defend  their  own  right 
or  to  dispute  that  of  their  neighbors.  Thus  every  man  was  taken  into  service  : 
whom  they  armed  they  must  trust ;  and  there  could  be  no  trust  but  in  free  men. 
Thus  the  barrier  between  the  two  classes  was  thrown  down,  and  slavery  was  no 
more  heard  of  in  the  west." 

On  the  other  hand,  it  must  be  allowed  that  Christianity  was  admirably 
adapted  to  this  purpose.  It  taught  "  that  all  men  were  originally  equal ;  that 
the  Deity  was  no  respecter  of  persons ;  and  that,  as  all  men  were  to  give  an 
account  of  their  actions  hereafter,  it  was  necessary  that  they  should  be  free." 
These  doctrines  could  not  fail  of  having  their  proper  influence  upon  those  who 
first  embraced  Christianity  from  a  conviction  of  its  truth.  We  find  them  ac 
cordingly  actuated  by  these  principles.  The  greatest  part  of  the  charters 
which  were  granted  for  the  freedom  of  slaves,  many  of  which  are  still  extant, 
were  granted  "pro  amore  Dei,  pro  mercede  animae."  They  were  founded  in 
short  on  religious  considerations,  "  that  they  might  procure  the  favor  of  the 
Deity,  which  they  had  forfeited  by  the  subjugation  of  those  who  were  the 
objects  of  divine  benevolence  and  attention  equally  with  themselves."  These 
considerations  began  to  produce  their  effects,  as  the  different  nations  were  con 
verted  to  Christianity,  and  procured  that  general  liberty  at  last,  which  at  the 
close  of  the  twelfth  century  was  conspicuous  in  the  west  of  Europe. 

But  still  we  find  that  within  two  centuries  after  the  suppression  of  slavery  in 
Europe,  the  Portuguese,  in  close  imitation  of  those  piracies  which  we  have 
mentioned  as  existing  in  the  uncivilized  ages  of  the  world,  made  their  descents 
upon  Africa,  and  committing  depredations  upon  the  coast,  first  carried  the 
wretched  inhabitants  into  slavery.  This  practice,  thus  inconsiderable  in  its 
commencement,  soon  became  general,  and  we  find  most  of  the  maritime  Chris 
tian  nations  of  Europe  following  the  piratical  example.  Thus  did  the  Europeans, 
to  their  eternal  infamy,  revive  a  custom,  which  their  own  ancestors  had  so  lately 
exploded  from  a  consciousness  of  its  impiety.  The  unfortunate  Africans  fled 
from  the  coast,  and  sought  in  the  interior  part  of  the  country  a  retreat  from 
the  persecution  of  their  invaders.  But  the  Europeans  still  pursued  them ;  they 


SLAVERY    IN   ATHENS.  23 

entered  their  rivers,  sailed  up  into  the  heart  of  the  country,  surprised  the 
Africans  in  their  recesses,  and  carried  them  into  slavery.  The  next  step  which 
the  Europeans  found  it  necessary  to  take,  was  that  of  settling  in  the  country ; 
of  securing  themselves  by  fortified  posts ;  of  changing  their  system  of  force 
into  that  of  pretended  liberality  ;  and  of  opening,  by  every  species  of  bribery 
and  corruption,  a  communication  with  the  natives.  Accordingly  they  erected 
their  forts  and  factories ;  landed  their  merchandize,  and  endeavored  by  a 
peaceable  deportment,  by  presents,  and  by  every  appearance  of  munificence,  to 
allure  the  attachment  and  confidence  of  the  Africans.  The  Portuguese  erected 
their  first  fort  in  1481,  about  forty  years  after  Alonzo  Gonzales  had  pointed 
out  to  his  countrymen,  as  articles  of  commerce,  the  southern  Africans. 

The  scheme  succeeded.  An  intercourse  took  place  between  the  Europeans 
and  Africans,  attended  with  a  confidence  highly  favorable  to  the  views  of  am 
bition  and  avarice.  In  order  to  render  this  intercourse  permanent  as  well  as 
lucrative,  the  Europeans  paid  their  court  to  the  African  chiefs,  and  a  treaty  of 
peace  and  commerce  was  concluded,  in  which  it  was  agreed  that  the  kings,  on 
their  part,  should  sentence  prisoners  of  war,  and  convicts,  to  European  servi 
tude  ;  and  that  the  Europeans  should  in  return  supply  them  with  the  luxuries 
of  the  north.  Thus  were  laid  the  foundations  of  that  nefarious  commerce,  of 
which,  in  subsequent  chapters,  we  intend  to  give  the  details.* 


CHAPTER  II. 

SLAVERY  IN  GREECE. — ATHENIAN  SLAVES. 

Early  existence  of  Slavery  in  Greece. — Proportion  of  Slaves  to  Freemen. — Their  numbers 
in  Athens  and  Sparta. — Mild  government  of  Slaves  in  Athens — the  reverse  in  Sparta. 
Instances  of  noble  conduct  of  Slaves  towards  their  masters. — Probable  origin  of  Slavery, 
prisoners  of  war. — Examples  in  history  of  whole  cities  and  states  being  reduced  to 
Slavery  :  Judea,  Miletos,  Thebes. — Slaves  obtained  by  kidnapping  and  piracy. — The 
traffic  supposed  to  be  attended  by  a  curse. — Certain  nations  sell  their  own  people  into 
Slavery. — Power  of  masters  over  their  Slaves ;  the  power  of  Life  and  Death. — The 
Chians,  the  first  Greeks  who  engaged  in  a  regular  Slave-trade. — Their  fate  in  being 
themselves  finally  reduced  to  Slavery. — First  type  of  the  Maroon  wars. — The  Chian 
Slaves  revolt. — The  hero  slave  Drimacos. — His  history. — Honors  paid  to  his  memory. 
Servile  war  among  the  Samians. — Athenian  laws  to  protect  Slaves  from  cruelty. — 
Slaves  entitled  to  bring  an  action  for  assault. — Death  penalty  for  crimes  against  slaves. 
Slaves  entitled  to  purchase  freedom. — Privileges  of  Slaves  in  Athens. — Revolt  of  Slaves 
working  in  Mines. — The  temples  a  privileged  sanctuary  for  Slaves  who  were  cruelly 
treated.— Tyrannical  masters  compelled  to  sell  their  Slaves. — Slave  auctions. — Diogenes. 
Price  of  Slaves. — Public  Slaves,  their  employment. — Educated  by  the  State,  and  in 
trusted  with  important  duties. — Domestic  Slaves  :  their  food  and  treatment. — The 
Slaves  partake  in  the  general  decline  of  morals. — History  and  Description  of  Athens. 


I 


Greece,  slavery  existed  from  the  earliest  period  of  her  history.     Before 
the  days  of  Homer  it  generally  prevailed.     The  various  states  of  Greece  had 

*  Slavery  and  Commerce  of  the  Human  Species :  Encyclopedia  Britt. :  Antiquities  of 
Greece  and  Rome. 


SLAVERY    IN   ATHENS. 

different  codes  of  laws,  but  in  all  of  them  the  slaves  were  a  majority  of  the 
people.  The  proportion  of  slaves  tp  freemen  probably  varied  in  different 
states,  and  in  the  same  state  at  different  times.  A  historian  states  the  propor 
tion  to  have  been  at  one  period  as  400  to  30.  In  Athens,  another  writer 
states,  there  were  three  slaves  to  one  freeman.  In  Sparta,  the  proportion  of 
slaves  was  much  greater  than  in  Athens. 

The  greatest  writers  of  antiquity  were,  on  this  subject,  perplexed  and  un 
decided.  They  appear  to  have  comprehended  the  extent  of  the  evil,  but  to 
have  been  themselves  too  much  the  slaves  of  habit  and  prejudice  to  discover 
that  no  form  or  modification  of  slavery  is  consistent  with  justice.  Most  per 
plexing  of  all,  however,  was  the  Laconian  Heloteia ;  because  in  that  case  the 
comparatively  great  number  of  the  servile  class  rendered  it  necessary,  in  the 
opinion  of  some,  to  break  their  spirit  and  bring  them  down  to  their  condition 
by  a  system  of  severity  which  constitutes  the  infamy  of  Sparta.  * 

The  discredit  of  subsisting  on  slave  labor  was,  to  a  certain  extent,  shared 
by  all  the  states  of  Greece,  even  by  Athens.  But  in  the  treatment  of  that 
unfortunate  class,  there  was  as  much  variation  as  from  the  differences  of 
national  character  might  have  been  inferred.  The  Athenians,  in  this  respect, 
as  in  most  others,  are  represented  as  the  antipodes  of  the  Spartans ;  inasmuch 
as  they  treated  their  slaves  with  humanity,  and  even  indulgence,  f  We  read, 
accordingly,  of  slaves  whose  love  for  their  masters  exceeded  the  love  of  broth 
ers  ;  they  have  toiled,  fought,  and  died  for  them ;  they  have  sometimes  sur 
passed  them  in  courage,  and  taught  them,  in  situations  of  imminent  danger, 
how  to  die.  An  example  is  recorded  of  a  slave,  who  put  on  the  disguise  of 
his  lord,  that  he  might  be  slain  in  his  stead.  These  examples,  however,  do 
not  prove  that  there  is  any  thing  ennobling  in  servitude.  On  the  contrary, 
the  inference  is,  that  great  and  noble  souls  had  been  dealt  with  unjustly  by 
fortune. 

As  soon  as  men  began  to  give  quarter  in  war,  and  became  possessed  of 
prisoners,  the  idea  of  employing  them  and  rendering  their  labors  profitable, 
naturally  suggested  itself.  When  it  was  found  that  advantages  could  be  de 
rived  from  captured  enemies  instead  of  butchering  them  in  the  field,  their  lives 
were  spared.  At  the  outset,  therefore,  it  is  argued,  slavery  sprung  from  feel 
ings  of  humanity.  A  distinguished  historian  remarks  :  "  When  warlike  peo 
ple,  emerging  from  the  savage  state,  first  set  about  agriculture,  the  idea  of 
sparing  the  lives  of  prisoners,  on  condition  of  their  becoming  useful  to  the 
conquerors  by  labor,  was  an  obvious  improvement  upon  the  practice  of  former 
times,  when  conquered  enemies  were  constantly  put  to  death,  not  from  a  spirit 
of  cruelty,  but  from  necessity,  for  the  conquerors  were  unable  to  maintain 
them  in  captivity,  and  dared  not  set  them  free."| 

*  Manners  and  Customs  of  Ancient  Greece. 

fHerodes  Atticus    lamented  the  death  of  his  Slaves  as  if  they  had  been  his  relatives, 
and  erected  statues  to  tln-ir  memory  in  woods,  or  fields,  or  beside  fountains. 
JMitford's  History  of  Greece. 


SLAVERY  IN  ATHENS  25 

Possibly  the  practice  was  borrowed  from  the  East,  where  the  mention  of 
slaves  occurs  in  the  remotest  ages.  In  later  times,  the  Queen  of  Persia  is 
represented  to  have  urged  Darius  into  the  Grecian  war,  that  she  might  possess 
Athenian,  Spartan,  Argive  and  Corinthian  slaves.  The  practice  was,  when  a 
number  o*  prisoner?  had  been  taken,  to  make  a  division  of  them  among  the 
chiefs,  generally  by  lot,  and  then  to  sell  them  for  slaves. 

Examples  occur  in  antiquity  of  whole  cities  and  states  being  at  once  sub 
jected  to  servitude.  Thus  the  inhabitants  of  Judea  were  twice  carried  away 
captive  to  Babylon,  where  their  masters,  not  perhaps  from  mockery,  required 
of  them  to  sing  some  of  their  national  songs ;  to  which,  as  we  learn  from  the 
prophet,  they  replied,  "  How  can  we  sing  the  songs  of  Zion  in  a  strange  land  ?  " 
The  citizens  of  Miletos,  after  the  unsuccessful  revolt  of  Aristagoras,  were 
carried  into  Persia,  as  were  those  also  of  other  places.  lake  the  Israelites, 
those  Greeks  long  preserved  in  captivity  their  national  manners  and  language, 
though  surrounded  by  strangers,  and  urged  by  every  inducement  to  assimilate 
themselves  to  their  conquerors.  A  similar  fate  overtook  the  inhabitants  of 
Thebes,  who  were  sold  into  slavery  by  Alexander. 

As  the  supply  produced  by  war  seldom  equaled  the  demand,  the  race  of 
kidnappers  alluded  to  in  a  former  chapter,  sprung  up,  who,  partly  merchants 
and  partly  pirates,  roamed  about  the  shores  of  the  Mediterranean,  as  similar 
miscreants  now  do  about  the  slave  coasts  of  Africa.  Neither  war,  however, 
nor  piracy,  sufficed  at  length  to  furnish  that  vast  multitude  of  slaves  which  the 
growing  luxury  of  the  times  induced  the  Greeks  to  consider  necessary.  Com 
merce,  by  degrees,  conducted  them  to  Caria  and  other  parts  of  Asia  Minor, 
particularly  the  southern  coasts  of  the  Black  Sea,  those  great  nurseries  of 
slaves  from  that  time  until  now.  The  first  Greeks  who  engaged  in  this  traffic, 
which  even  by  the  Pagans  was  supposed  to  be  attended  by  a  curse,  are  said 
to  have  been  the  Chians.  They  purchased  their  slaves  from  the  barbarians, 
among  whom  the  Lydians,  the  Phrygians  and  the  natives  of  Pontos,  with 
many  others,  were  accustomed,  like  the  modern  Circassians,  to  carry  on  a  trade 
in  their  own  people. 

Before  proceeding  farther  with  the  history  of  the  traffic,  it  may  be  well  to 
describe  the  power  possessed  by  masters  over  their  domestics  during  the  heroic 
ages.  Every  man  appears  then  to  have  been  a  king  in  his  own  house,  and  to 
have  exercised  his  authority  most  regally.  Power,  generally,  when  unchecked 
by  law,  is  fierce  and  inhuman  ;  and  over  their  household,  gentlemen,  in  those 
ages,  exercised  the  greatest  and  most  awful  power,  that  of  life  and  death,  as 
they  afterwards  did  at  Rome.  When  supposed  to  deserve  death,  the  slaves 
were  executed  ignominiously  by  hanging.  This  was  regarded  as  an  impure 
end.  To  die  honorably  was  to  perish  by  the  sword. 

The  Chians,  as  before  observed,  are  said  to  have  been  the  first  Grecian  peo 
ple  who  engaged  in  a  regular  slave-trade.  For  although  the  Thessalians  and 
Spartans  possessed  slaves  at  a  period  much  anterior,  they  obtained  them  by 
different  means  ;  the  latter  by  reducing  to  subjection  the  ancient  Achaean  in- 


26  SLAVERY   IN   ATHENS. 

habitants ;  the  former  by  their  conquests  over  other  nations.  But  the  Chians 
possessed  only  such  slaves  as  they  had  purchased  with  money ;  in  which  they 
resembled  the  slave-holding  nations  of  modern  times.  Other  circumstances 
strongly  suggest  the  parallel.  We  have  here,  perhaps,  the  first  type  of  the 
Maroon  wars,  though  on  a  smaller  scale,  and  marked  by  fewer  outbreaks  of 
atrocity.*  It  is  not,  indeed,  stated  that  the  females  were  flogged,  though 
throughout  Greece  the  males  were  so  corrected ;  but  whatever  the  nature  of 
the  severities  practiced  upon  them  may  have  been,  the  yoke  of  bondage  was 
found  too  galling  to  be  borne,  and  whole  gangs  took  refuge  in  the  mountains. 
Fortunately  for  them,  the  interior  of  the  island  abounded  in  fastnesses,  and 
was  in  those  days  covered  with  forest. 

Here,  therefore,  the  fugitives,  erecting  themselves  dwellings,  or  taking 
possession  of  caverns  among  the  almost  inaccessible  cliifs,  successfully  defended 
themselves,  subsisting  on  the  plunder  of  their  former  owners.  Shortly  before 
the  time  of  the  writer,  to  whom  we  are  indebted  for  these  details,  a  bondsman 
named  Drimacos,  made  his  escape  from  the  city,  and  reached  the  mountains, 
where,  by  valor  and  conduct,  he  soon  placed  himself  at  the  head  of  the  servile 
insurgents,  over  whom  he  ruled  like  a  king.  The  Chians  led  several  expedi 
tions  against  him  in  vain.  He  defeated  them  in  the  field  with  great  slaughter ; 
but  at  length,  to  spare  the  useless  effusion  of  human  blood,  invited  them  to  a 
conference,  wherein  he  observed,  that  the  slaves  being  encouraged  in  their  revolt 
by  an  oracle,  would  never  lay  down  their  arms,  or  submit  to  the  drudgery  of 
servitude.  Nevertheless,  the  war  might  be  terminated,  "for  if  my  advice," 
said  he,  "be  followed,  and  we  be  suffered  to  enjoy  tranquility,  numerous 
advantages  will  thence  accrue  to  the  state." 

There  being  little  prospect  of  a  satisfactory  settlement  of  the  matter  by  arms, 
the  Chians  consented  to  enter  into  a  truce,  as  with  a  public  enemy.  Humbled 
by  their  losses  and  defeats,  Drimacos  found  them  submissive  to  reason.  He 
therefore  provided  himself  with  weights,  measures,  and  a  signet,  and  exhibit 
ing  them  to  his  former  masters,  said :  "  When,  in  future,  our  necessities  require 
that  I  should  supply  myself  from  your  stores,  it  shall  always  be  by  these 
weights  and  measures ;  and  having  taken  the  necessary  quantity  of  provisions, 
I  shall  be  careful  to  seal  your  warehouses  with  this  signet.  With  respect  to 
such  of  your  slaves  as  may  fly  and  come  to  me,  I  will  institute  a  rigid  exami 
nation  into  their  story,  and  if  they  have  just  grounds  for  complaint,  I  will  pro 
tect  them — if  not,  they  shall  be  sent  back  to  their  owners." 

To  these  conditions  the  magistrates  readily  acceded ;  upon  which  the  slaves 

*Maroons ;  the  name  given  to  revolted  negroes  in  the  West  Indies  and  in  some  parts 
of  South  America.  The  appellation  is  supposed  to  be  derived  from  Marony,  a  river  sep 
arating  Dutch  and  French  Guiana,  where  larges  numbers  of  the  fugitives  resided.  In 
many  cases,  by  taking  to  the  forests  and  mountains,  they  have  rendered  themselves 
formidable  to  the  colonies,  and  sustained  a  long  and  brave  resistance  against  the  whites. 
When  Jamaica  was  conquered  by  the  English,  in  1655,  about  IfiflO  Hnves  retreated  to 
the  mountains,  and  were  called  Maroons.  They  continued  to  harass  the  island  till  the 
end  of  the  last  century,  when  they  were  reduced,  by  the  aid  of.  blood-hounds.  C^e 
Dallas's  History  of  the  Maroons. _) 


SLAVERY  IN  ATHENS.  27 

^4 

who  still  remained  with  their  masters  grew  more  obedient,  and  seldom  took  to 
flight,  dreading  the  decision  of  Drimacos.  Over  his  own  followers  he  exer 
cised  a  despotic  authority.  They,  in  fact,  stood  far  more  in  fear  of  him,  than, 
when  in  bondage,  of  their  lords  ;  and  performed  his  bidding  without  question 
or  murmur.  He  was  severe  in  the  punishment  of  the  unruly,  and  permitted  no 
man  to  plunder  and  lay  waste  the  country,  or  commit  any  act  of  injustice.  The 
public  festivals  he  was  careful  to  observe,  going  round  and  collecting  from  the 
proprietors  of  the  land,  who  bestowed  upon  him  both  wine  and  the  finest  vic 
tims  ;  but  if,  on  these  occasions,  he  discovered  that  a  plot  was  hatching,  or  any 
ambush  laid  for  him,  he  would  take  speedy  vengeance. 

Observing  old  age  to  be  creeping  upon  Drimacos,  and  rendered  wanton  ap 
parently  by  prosperity,  the  government  issued  a  proclamation,  offering  a  great 
reward  to  any  one  who  should  capture  him,  or  bring  them  his  head.  The  old 
chief,  discerning  signals  of  treachery,  or  convinced  that,  at  last,  it  must  come 
to  that,  took  aside  a  young  man  whom  he  loved,  and  said,  "  I  have  ever  re 
garded  you  with  a  stronger  affection  than  any  other  man,  and  to  me  you  have 
been  a  brother.  But  now  the  days  of  my  life  are  at  an  end,  nor  would  I  have 
them  prolonged.  "With  you,  however,  it  is  not  so.  Youth,  and  the  bloom  of 
youth,  are  yours.  What,  then,  is  to  be  done  ?  You  must  prove  yourself  to 
possess  valor  and  greatness  of  soul :  and,  since  the  state  offers  riches  and  free 
dom  to  whomsoever  shall  slay  me  and  bear  them  my  head,  let  the  reward  be 
yours.  Strike  it  off,  and  be  happy  1" 

At  first  the  youth  rejected  the  proposal,  but  ultimately  Drimacos  prevailed. 
The  old  man  fell,  and  his  friend,  on  presenting  his  head,  received  the  reward, 
together  with  his  freedom ;  and,  after  burying  his  benefactor's  remains,  he  sailed 
away  to  his  own  country. 

The  Chiaus,  however,  underwent  the  just  punishment  of  their  treachery.  No 
longer  guided  by  the  wisdom  and  authority  of  Drimacos,  the  fugitive  slaves  re 
turned  to  their  original  habits  of  plunder  and  devastation ;  whereupon,  the 
Chians,  remembering  the  moderation  of  the  dead,  erected  an  heroon  upon  his 
grave,  and  denominated  him  the  propitious  hero.  The  insurgents,  also,  hold 
ing  his  memory  in  veneration,  continued  for  generations  to  offer  up  the  first 
fruits  of  their  spoil  upon  his  tomb.  He  was,  in  fact,  honored  with  a  kind  of 
apotheosis,  and  canonized  among  the  &x>ds  of  the  island ;  for  it  was  believed 
that  his  shade  often  appeared  to  men  in  dreams,  for  the  purpose  of  revealing 
some  servile  conspiracy,  while  yet  in  the  bud ;  and  they  to  whom  he  vouchsafed 
these  warning  visits,  never  failed  to  proceed  to  his  chapel,  and  offer  sacrifice  to 
his  manes. 

In  process  of  time  the  Chians  themselves  were  compelled  to  drain  the  bitter 
cup  of  servitude.  For,  as  we  find  recorded,  they  were  subjugated  by  Mithri- 
dates,  and  were  delivered  up  to  their  own  slaves,  to  be  carried  away  captive 
into  Colchis.  This,  Athenteus  considers  the  just  punishment  of  their  wicked 
ness  in  having  been  the  first  who  introduced  the  slave  trade  into  Greece,  when 
they  might  have  been  better  served  by  freemen  for  hire. 


28  SLAVERY  IN  ATHENS. 

,*.- 

The  servile  war  which  took  place  among  the  Samians  had  a  more  fortunate 
issue,  though  but  few  particulars  respecting  it  have  come  down  to  us.  It  was 
related,  however,  by  Malacos  in  his  annals  of  the  Siphnians,  that  Ephesos  was 
first  founded  by  a  number  of  Samian  slaves,  who,  having  retired  to  a  mountain 
on  the  island  to  the  number  of  a  thousand,  inflicted  numerous  evils  on  their  former 
tyrants.  These,  in  the  sixth  year  of  the  war,  having  consulted  the  oracle,  came 
lo  an  understanding  with  their  slaves,  who  were  permitted  to  depart  in  safety 
from  the  island.  They  sailed  away,  and  became  the  founders  of  the  city  and 
people  of  Ephesos. 

In  Attica  the  institution  of  slavery,  though  attended  by  innumerable  evils 
ici  said  to  have  exhibited  itself  under  the  mildest  form  which  it  any  where  as 
sumed  in  the  ancient  world.  With  their  characteristic  attention  to  the  inter 
ests  of  humanity,  the  Athenians  enacted  a  law,  in  virtue  of  which,  slaves  could 
indict  their  masters  for  assault  and  battery.  Hyperides  observed  in  his  oration 
against  Mantitheos,  "  our  laws,  making  no  distinction  in  this  respect  between 
freemen  and  slaves,  grant  to  all  alike  the  privilege  of  bringing  an  action  against 
those  who  insult  or  injure  them."  To  the  same  effect  spoke  Lycurgus  in  his 
first  oration  against  Lycophron.  Plato  was  less  just  to  them  than  the  laws  of 
their  country.  If,  in  his  imaginary  state,  a  slave  killed  a  slave  in  self-defense, 
he  was  judged  innocent ;  if  a  freeman,  he  was  put  to  death  like  a  parricide. 
But  Demosthenes  has  preserved  the  law  which  empowered  any  Athenian,  not 
laboring  under  legal  disability,  to  denounce  to  the  Thesmothetae  the  person 
who  offered  violence  to  man,  woman  or  child,  whether  slave  or  free.  Such  ac 
tions  were  tried  before  the  court  of  Helisea,  and  numerous  were  the  examples 
of  men  who  suffered  death  for  crimes  committed  against  slaves.  Another  priv 
ilege  enjoyed  by  the  slave  class  in  Attica  was  that  of  purchasing  their  own 
freedom,  as  often  as,  by  the  careful  management  of  the  peculium  secured  them 
by  law,  they  were  enabled  to  offer  their  owners  an  equivalent  for  their  services. 

At  Athens,  with  some  exceptions,  every  temple  in  the  city  appears  to  have 
been  open  to  them.  Occasionally,  certain  of  their  number  were  selected  to 
accompany  their  masters  to  consult  the  oracle  at  Delphi,  when  they  were  per 
mitted,  like  free  citizens,  to  wear  crowns  upon  their  heads,  which,  for  the  time, 
conferred  upon  them  exemption  from  blows  or  stripes.  Among  their  more  se 
rious  grievances  was  their  liability  to  personal  chastisement ;  which  was  too 
much  left  to  the  discretion  of  their  owners.  In  time  of  war,  however,  this 
privilege  was  not  practised,  since  the  flogged  slaves  could  go  over  to  the  ene 
my,  as  sometimes  happened.  They  are  said,  besides,  to  have  worked  the  mines 
in  fetters ;  probably,  however,  only  in  consequence  of  a  revolt,  in  which  they 
slew  the  overseers  of  the  mines,  and  taking  possession  of  the  acropolis  of  Su- 
nium,  laid  waste,  for  a  time,  the  whole  of  the  adjacent  districts.  This  took 
place  simultaneously  with  the  second  insurrection  of  the  slaves  in  Sicily,  in  the 
quelling  of  which  nearly  a  million  of  their  number  were  destroyed. 

We  find  from  contemporary  writers,  that  except  in  cases  of  incorrigible 
perverseness,  slaves  were  encouraged  to  marry ;  it  being  supposed  they  would 


.':  .'-.    ',,.  % 

SLAVERY  IN  ATHENS. 

*  •    ',' 

thus  become  more  attached  to  their  masters,  who,  in  return,  would  put  more 
trust  in  slaves  born  and  brought  up  in  the  house,  than  in  such  as  were  pur 
chased. 

We  have  seen  that  slaves  were  protected  by  the  laws  from  grievous  insults 
imd  contumely;  but  if,  in  spite  of  legal  protection,  their  masters  found  means 
to  render  their  lives  a  burden,  the  state  provided  them  with  an  asylum  in  the 
temple  of  Theseus  and  the  Eumenides.  Having  there  taken  sanctuary,  their 
oppressors  could  not  force  them  thence  without  incurring  the  guilt  of  sacrilege.-. 
Thus  in  a  fragment  of  Aristophanes'  Seasons,  we  find  a  slave  deliberating 
whether  he  should  take  refuge  in  the  Theseion,  and  there  remain  until  he  could 
procure  his  transfer  to  a  new  master ;  for  any  one  who  conducted  himself  too 
harshly  towards  his  slaves,  was  by  law  compelled  to  sell  them.  Not  only  so, 
but  the  slave  could  institute  an  action  against  his  lord  and  master,  or  against 
any  other  citizen  who  behaved  unjustly  or.injuriously  towards  him.  The  right 
of  sanctuary  was,  however,  limited,  and  extended  from  the  time  of  the  slave's 
flight  to  the  next  new  moon,  when  a  periodical  slave  auction  appears  to  have 
been  held. 

On  this  occasion  the  slaves  were  stationed  in  a  circle  in  the  market  place, 
and  the  one  whose  turn  it  was  to  be  sold,  mounted  a  table,  where  he  exhibited 
himself  and  was  knocked  down  to  the  best  bidder.  The  sales  seem  to  have 
been  conducted  precisely  like  those  of  the  present  day  in  Richmond,  Charles 
ton,  New  Orleans  and  other  cities  of  the  south.  The  Greek  auctioneer,  or 
slave-broker,  however,  was  answerable  at  law  if  the  quality  of  the  persons 
sold  did  not  correspond  with  the  description  given  of  them  in  the  catalogue. 
It  appears  that,  sometimes,  when  the  articles  were  lively,  or  witty,  they  made 
great  sport  for  the  company,  as  in  the  case  of  Diogenes,  who  bawled  aloud — 
"  whoever  among  you  wants  a  master,  let  him  buy  me." 

Diogenes,  of  Sinope,  flourished  about  the  fourth  century  before  Christ,  and 
was  the  most  famous  of  the  Cynic  philosophers.  Having  been  banished  from 
his  native  place  with  his  father,  who  had  been  accused  of  coining  false  money, 
he  went  to  Athens,  and  requested  Antisthenes  to  admit  him  among  his  disci 
ples.  That  philosopher  in  vain  attempted  to  repel  the  importunate  supplicant, 
even  by  blows,  and  finally  granted  his  request.  Diogenes  devoted  himself, 
with  the  greatest  diligence,  to  the  lessons  of  his  master,  whose  doctrines  he 
extended  still  further.  He  not  only,  like  Antisthenes,  despised  all  philosophi 
cal  speculations,  and  opposed  the  corrupt  morals  of  his  time,  but  also  carried 
the  application  of  his  doctrines,  in  his  own  person,  to  the  extreme.  The  sterr: 
austerity  of  Antisthenes  was  repulsive  ;  but  Diogenes  exposed  the  follies  of  his 
contemporaries  with  wit  and  humor,  and  was,  therefore,  better  adapted  to  be 
the  censor  and  instructer  of  the  people,  though  he  really  accomplished  little  in 
the  way  of  reforming  them.  At  the  same  time,  he  applied,  in  its  fullest  extent, 
his  principle  of  divesting  himself  of  all  superfluities.  He  taught  that  a  wise 
man,  in  order  to  be  happy,  must  endeavor  to  preserve  himself  independent  of 
fortune,  of  men,  and  of  himself:  in  order  to  do  this,  he  must  despise  riches, 


30  SLAVERY  IN  ATHENS. 

'       ;    %' 
power,  honor,  arts  and  sciences,  and  all  the  enjoyments  of  life.     He  endeavor 

ed  to  exhibit,  in  his  own  person,  a  model  of  Cynic  virtue.  For  this  purpose 
he  subjected  himself  to  the  severest  trials,  and  disregarded  all  the  forms  of 
polite  society.  He  often  struggled  to  overcome  his  appetite,  or  satisfied  it 
with  the  coarsest  food ;  practised  the  most  rigid  temperance,  even  at  feasts,  in 
the  midst  of  the  greatest  abundance,  and  did  not  even  consider  it  beneath  his 
dignity  to  ask  alms.  By  day,  he  walked  through  the  streets  of  Athens  bare 
foot,  without  any  coat,  with  a  long  beard,  a  stick  in  his  hand,  and  a  wallet  on 
his  shoulders  ;  by  night,  he  slept  in  a  tub,  though  this  has  been  doubted.  He 
defied  the  inclemency  of  the  weather,  and  bore  the  scoffs  and  insults  of  the 
people  with  the  greatest  equanimity.  Seeing  a  boy  draw  water  with  his  hand, 
he  threw  away  his  wooden  goblet  as  an  unnecessary  utensil.  He  never  spared 
the  follies  of  men,  but  openly  and  loudly  inveighed  against  vice  and  corruption, 
attacking  them  with  satire  and  irony..  The  people,  and  even  the  higher  classes, 
heard  him  with  pleasure,  and  tried  their  wit  upon  him.  When  he  made  them  feel 
his  superiority,  they  often  had  recourse  to  abuse,  by  which,  however,  he  was  little 
moved.  He  rebuked  them  for  expressions  and  actions  which  violated  decency 
and  modesty,  and  therefore  it  is  not  credible  that  he  was  guilty  of  the  excesses 
with  which  his  enemies  have  reproached  him.  His  rudeness  offended  the  laws 
of  good  breeding  rather  than  the  principles  of  morality.  Many  anecdotes, 
however,  related  of  this  singular  person,  are  mere  fictions.  On  a  voyage  to 
JEgina,  he  fell  into  the  hands  of  pirates,  who  sold  him  as  a  slave  to  the 
Corinthian  Xeniades  in  Crete.  The  latter  emancipated  him,  and  intrusted 
him  with  the  education  of  his  children.  He  attended  to  the  duties  of  his  new 
employment  with  the  greatest  care,  commonly  living  in  summer  at  Corinth, 
and  in  winter  at  Athens.  It  was  at  the  former  place  that  Alexander  found 
him  on  the  road-side,  basking  in  the  sun,  and,  astonished  at  the  indifference 
with  which  the  ragged  beggar  regarded  him,  entered  into  conversation  with 
him,  and  finally  gave  him  permission  to  ask  for  a  boon.  "I  ask  nothing," 
answered  the  philosopher,  "but  that  thou  wouldst  get  out  of  my  sunshine." 
Surprised  at  this  proof  of  content,  the  king  is  said  to  have  exclaimed,  "  Were 
I  not  Alexander,  I  would  be  Diogenes."  At  another  time,  he  was  carrying  ;i 
lantern  through  the  streets  of  Athens,  in  the  daytime  :  on  being  asked  what  lie 
was  looking  for,  he  answered,  "  I  am  seeking  a  man."  Thinking  he  had  found, 
in  the  Spartans,  the  greatest  capacity  for  becoming  such  men  as  he  wished,  lie 
said,  "  Men  I  have  found  nowhere  ;  but  children,  at  least,  I  have  seen  at  Lace- 
daemon."  Being  asked,  " What  is  the  most  dangerous  animal?"  his  answci 
was,  "  Among  wild  animals,  the  slanderer;  among  tame,  the  flatterer."  He 
died  324  B.  C.,  at  a  great  age.  When  he  felt  death  approaching,  he  seated 
himself  on  the  road  leading  to  Olympia,  where  he  died  with  philosophical 
calmness,  in  the  presence  of  a  great  number  of  people,  who  were  collected 
around  him. 

Slaves  of  little  or  no  value,  were  contemptuously  called  "  salt  bought,"  from 
a  custom  prevalent  among  the  inland  Thraoians,  of  bartering  their  captives  foi 


SLAVERY  IN  ATHEN&  31 

':  .-•<'  .,t  '•+'  ''"••    •  ;ki  -• 

gait ;  whence  it  may  be  inferred  that  domestics  from  tim  part  of  the  world  were 
considered  inferior. 

Respecting  the  price  of  slaves,  a  passage  occurs  in  the  Memorabilia,  where 
Socrates  inquires  whether  friends  were  to  be  valued  at  so  much  per  head,  like 
slaves ;  some  of  whom,  he  says,  were  not  worth  a  demimina,  while  others  would 
fetch  two,  five,  or  even  ten  rninas ;  that  is,  the  price  varied  from  ten  to  two 
hundred  dollars.  Nicias  bought  an  overseer  for  his  silver  mines  at  the  price 
of  a  talent,  or  about  twelve  hundred  dollars. 

Exclusively  of  the  fluctuations  caused  by  the  variations  in  the  supply  and 
demand,  the  market  price  of  slaves  was  affected  by  their  age,  health,  strength, 
beauty,  natural  abilities,  mechanical  ingenuity,  and  moral  qualities.  The  mean 
est  and  cheapest  class  were  those  who  worked  in  the  mills,  where  mere  bodily 
strength  was  required.  A  low  value  was  set  upon  slaves  who  worked  in  the 
mines — a  sum  equal  to  about  eight  dollars,.  In  the  age  of  Demosthenes,  ordi 
nary  house  slaves,  male  or  female,  were  valued  at  about  the  same  price.  De 
mosthenes  considered  two  minae  and  a  half,  fifty  dollars,  a  large  sum  for  a 
person  of  this  class.  Of  the  sword  cutlers  possessed  by  the  orator's  father, 
some  were  valued  at  six  mina?,  others  at  five,  while  the  lowest  were  worth 
above  three.  Chairmakers  sold  for  about  two  minse,  forty  dollars.  The  wages 
of  slaves,  when  let  out  for  hire  by  their  masters,  varied  greatly,  as  did  the  profit 
derived  from  them.  Expert  manufacturers  of  fine  goods  produced  their  own 
ers  much  larger  returns  than  miners. 

Slaves  at  Athens  were  divided  into  two  classes,  private  and  public.  The 
latter,  who  were  the  property  of  the  state,  performed  several  kinds  of  service, 
supposed  to  be  unworthy  of  freemen.  They  were,  for  example,  employed  as 
vergers,  messengers,  scribes,  clerks  of  public  works,  and  inferior  servants  of 
the  gods.  Most  of  the  temples  of  Greece  possessed  a  great  number  of  slaves, 
or  serfs,  who  cultivated  the  sacred  domains,  exercised  various  humbler  ofiices  of 
religion,  and  were  ready  on  all  occasions  to  execute  the  orders  of  the  priests. 
At  Corinth,  where  the  worship  of  Aphrodite  chiefly  prevailed,  theso  slaves  con 
sisted  almost  exclusively  of  women,  who,  having  on  certain  occasions  burut 
frankincense,  and  offered  up  public  prayers  to  the  goddess,  were  sumptuously 
feasted  within  the  precincts  of  her  fane.* 

Among  the  Athenians,  the  slaves  of  the  republic,  generally  captives  taken 
in  war,  received  a  careful  education,  and  were  sometimes  intrusted  with  im 
portant  duties.  Out  of  their  number  were  selected  the  secretaries,  who,  in  time 
of  war,  accompanied  the  generals  and  treasurers  of  the  army,  and  made  exac  t 
minutes  of  the  expenditure,  in  order  that,  when,  on  their  return,  these  officers 
should  come  to  render  an  account  of  their  proceedings,  their  books  might  be 
compared  with  those  of  the  secretaries.  In  cases  of  difficulty,  these  unfortu- 

*  APHRODITE,  the  Goddess  of  Love  among  the  Greeks,  synonymous  with  Aphrogeneia, 
that  is,  born  of  the  foam  of  the  sea.  Aphrodisia  was  a  festival  sacred  to  Venus,  which 
was  cek-bratwl  in  various  parts  of  Greece,  but  with  the  greatest  solemnity  in  the  island 
u  Cyprus. 


SLAVERY  IN  ATHENS. 

uate  individuals  were  subjected  to  torture,  in  order  to  obtain  that  kind  of  evi 
dence  which  the  ancients  deemed  most  satisfactory,  but  which  the  moderns 
regard  with  extreme  uncertainty. 

JEsop,  the  oldest  Greek  fabulist,  was  a  native  of  Phrygia,  and  a  slave,  until 
he  was  set  free  by  his  last  owner.  He  lived  about  the  middle  of  the  sixth  cen 
tury  B.  C.  He  inculcated  rules  of  practical  morality,  drawn  from  the  habits 
of  the  inferior  creation,  and  thus  spread  his  fame  through  Greece  and  all  the 
neighboring  countries.  Croesus,  king  of  Lydia,  invited  JEsop  to  his  court,  and 
kept  him  always  about  his  person.  Indeed,  he  was  never  absent,  except  dur 
ing  his  journeys  to  Greece,  Persia  and  Egypt.  Croesus  once  sent  him  to  Del 
phi  to  offer  sacrifice  to  Apollo  ;  while  engaged  in  this  embassy,  he  wrote  his 
fable  of  the  Floating  Log,  which  appeared  terrible  at  a  distance,  but  lost  its 
terrors  when  approached.  The  priests  of  Delphi,  applying  the  fable  to  them 
selves,  resolved  to  take  vengeance  on  the  author,  and  plunged  him  from  a  preci 
pice.  Planudes,  who  wrote  a  miserable  romance,  of  which  he  makes  JEsop 
the  hero,  describes  him  as  excessively  deformed  and  disagreeable  in  his  appear  - 
ance,  and  given  to  stuttering ;  but  this  account  does  not  agree  with  what  his 
contemporaries  say  of  him.  The  stories  related  of  J3sop,  even  by  the  an 
cients,  are  not  entitled  to  credit.  A  collection  of  fables  made  by  Planudes, 
which  are  still  extant  under  the  name  of  the  Grecian  fabulist,  are  ascribed  to 
him  with  little  foundation ;  their  origin  is  lost  in  the  darkness  of  antiquity. 

A  very  significant  and  pleasant  custom  prevailed  when  a  slave  newly  pur 
chased  was  first  brought  into  the  house.  They  placed  him  before  the  hearth, 
\vhere  his  future  master,  mistress  and  fellows  ervants  poured  baskets  of  ripe 
fruit,  dates,  figs,  filberts,  walnuts,  &c.,  upon  his  head,  to  intimate  that  he  was 
come  into  the  abode  of  plenty.  The  occasion  was  converted  by  his  fellow 
slaves  into  a  holiday  and  feast ;  for  custom  appropriated  to  them  whatever 
was  cast  upon  the  new  comer. 

Their  food  was  commonly,  as  might  be  expected,  inferior  to  that  of  their 
masters.  Thus  the  dates  grown  in  Greece,  which  ripened  but  imperfectly,  were 
appropriated  to  their  use ;  and  for  their  drink  they  had  a  thin  wine,  made  of 
the  husks  of  grapes,  laid,  after  they  had  been  pressed,  to  soak  in  water,  and 
then  squeezed  again.  A  drink  precisely  similar  is  now  made  in  the  wine  dis 
tricts  of  France.  They  generally  ate  barley  bread ;  the  citizens  themselves 
frequently  did  the  same.  To  give  a  relish  to  their  plain  meal  of  bread,  plain 
broth  and  salted  fish,  they  were  indulged  with  pickles.  In  the  early  ages  of 
the  commonwealth,  they  imitated  the  frugal  manner  of  their  lords,  so  that  no 
slave,  who  valued  his  reputation,  would  be  seen  to  enter  a  tavern ;  but  in  latei 
times  they  naturally  shared  largely  in  the  general  depravity  of  morals,  and 
placed  their  greatest  good  in  eating  and  drinking.  Their  whole  creed,  on  this 
point,  has  been  summed  up  in  a  few  words  by  the  poet  Socian.  "  Wherefore," 
exclaims  a  slave,  "dole  forth  these  absurdities;  these  ravings  of  sophists, 
prating  up  and  down  the  Lyceum,  the  Academy,  and  the  gates  of  the  Odeion  ? 
[n  all  these  there  is  nothing  of  value.  Let  is  drink — let  us  drink  deeply 


SLAVERY    IN   ATIILN3.  33 

Let  us  rejoice,  whilst  it  is  yet  permitted  us  to  delight  our  souls.  Enjoy  thyself, 
0  Manes  !  Nothing  is  sweeter  than  eating  and  drinking.  Virtues,  embassies, 
generalships,  are  vain  pomps,  resembling  the  plaudits  of  a  dream.  Heaven  at 
the  fated  hour  will  deliver  thee  to  the  cold  grasp  of  death,  and  thou  wilt  bear 
with  thee  nothing  but  what  thou  hast  drunk  and  eaten  !  All  else  is  dust,  like 
Pericles,  Codros  and  Cimon." 

The  employment  of  household  slaves  necessarily  varied  according  to  the 
rank  and  condition  of  their  lords.  In  the  dwellings  of  the  wealthy  and  lux 
urious,  they  were  accustomed  to  fan  their  masters  and  mistresses,  and  drive 
away  the  flies  with  branches  of  myrtle.  Among  the  Roman  ladies,  it  was 
customary  to  retain  a  female  slave,  for  the  sole  purpose  of  looking  after  the 
Melitensian  lap-dogs  of  their  mistresses,  in  which  they  were  less  ambitious 
than  that  dame  in  Lucian,  who  kept  a  philosopher  for  this  purpose.  Female 
cup-bearers  and  ladies'  maids  were  likewise  slaves ;  the  latter  were  initiated  in 
all  the  arts  of  the  toilet. 

There  seems  to  have  been  a  set  of  men  who  earned  their  subsistence  by 
initiating  slaves  in  household  labors.  In  the  bakers'  business,  Anaxarchos,  a 
philosopher,  introduced  an  improvement,  by  which  modern  times  may  profit, — 
to  preserve  his  bread  pure  from  the  touch,  and  even  from  the  breath  of  the 
slaves  who  made  it,  he  caused  them  to  knead  the  dough  with  gloves  on  their 
hands,  and  to  wear  a  respirator  of  some  gauze-like  substance  over  their  mouths. 
Other  individuals,  who  grudged  their  domestics  a  taste  of  their  delicacies, 
obliged  them  to  wear  a  broad  collar  like  a  wheel  around  their  necks,  which 
prevented  them  from  bringing  their  hands  to  their  mouths.  This  odious  prac 
tice,  however,  could  not  have  been  general. 

Besides  working  at  the  mill  and  fetching  water,  both  somewhat  laborious 
employments,  we  find  that  female  slaves  were  sometimes  engaged  in  wood  cut 
ting  upon  the  mountains.  Towards  the  decline  of  the  commonwealth,  it  became 
a  mark  of  wealth  and  consequence  to  be  served  by  black  domestics ;  as  was 
also  the  fashion  among  the  Romans  and  the  Egyptian  Greeks.  Cleopatra  had 
negro  boys  for  torch-bearers ;  and  the  Athenian  ladies,  as  a  foil,  perhaps,  liked 
to  be  attended  by  black  waiting  maids. 

When  men  have  usurped  an  undue  dominion  over  their  fellows,  they  seldom 
know  where  to  stop.  The  Syrians,  themselves  enslaved  politically,  and  often 
sold  into  servitude  abroad,  affected  when  rich  a  peculiarly  luxurious  manner : 
female  attendants  waited  on  their  ladies,  who,  when  mounting  their  carriages, 
required  them  to  bend  on  all  fours,  that  they  might  make  a  footstool  of  their 
backs. 

We  append  to  our  notice  of  slavery  in  Athens,  a  description  of  the  splendors 
of  that  celebrated  city,  from  whence  the  light  of  intellectual  cultivation  has 
spread  for  thousands  of  years  down  to  our  own  time.  This  capital  of  the  old 
kingdom  of  Attica,  and  of  the  more  modern  democracy,  was  founded  by 
Cecrops,  1550  years  before  Christ.  The  old  city  was  built  on  the  summit  of 
some  rocks,  which  lie  in  the  midst  of  a  wide  and  pleasant  plain,  which  became 
3 


34  SLAVERY   IN   ATHENS. 

filled  with  buildings  as  the  inhabitants  increased ;  and  this  made  the  distinction 
between  Acropolis  and  Catapolis,  or  the  upper  and  lower  city.  The  citadel 
or  Acropolis  was  60  stadia  in  circumference,  and  included  many  extensive 
buildings.  Athens  lies  on  the  Saronic  gulf,  opposite  the  eastern  coast  of  the 
Peloponnesus.  It  is  built  on  a  peninsula  formed  by  the  junction  of  the  Ceph- 
issus  and  Ilissus.  From  the  sea,  where  its  real  power  lay,  it  was  distant 
about  five  leagues.  It  was  connected,  by  walls  of  great  strength  and  extent, 
with  three  harbors — the  Piraeus,  Munychia  and  Phalerum.  The  first  was  con 
sidered  the  most  convenient,  and  was  one  of  the  emporiums  of  Grecian  com 
merce.  The  surrounding  coast  was  covered  with  magnificent  buildings,  whose 
splendor  vied  with  those  of  the  city.  The  walls  of  rough  stone,  which  con 
nected  the  harbors  with  the  city,  were  so  broad,  that  carriages  could  go  on 
their  top.  The  Acropolis  contained  the  most  splendid  works  of  art  of  which 
Athens  could  boast.  Its  chief  ornament  was  the  Parthenon,  or  temple  of 
Minerva.  This  magnificent  building,  which,  even  in  ruins,  has  been  the  won 
der  of  the  world,  was  217  feet  long,  98  broad,  and  65  high.  Destroyed  by 
the  Persians,  it  was  rebuilt  in  a  noble  manner  by  Pericles,  444  years  B.  C. 
Here  stood  the  statue  of  Minerva  by  Phidias,  a  masterpiece  of  art,  formed  of 
ivory,  46  feet  high,  and  richly  decorated  with  gold,  whose  weight  was  estimated 
at  from  40  to  44  talents  (2000  to  2200  pounds),  which,  if  we  reckon,  accord 
ing  to  Barthelemy,  the  silver  talent  at  5700  livres,  and  the  ratio  of  gold  to 
silver  as  1  to  13,  would  make  a  sum  of  2,964,000,  or  3,260,400  livres  (523,700, 
or  576,004  dollars).  The  Propylseum,  built  of  white  marble,  formed  the 
entrance  to  the  Parthenon.  This  building  lay  on  the  north  side  of  the  Acrop 
olis,  clofee  to  the  Erectheum,  also  of  white  marble,  consisting  of  two  temples, 
the  one  dedicated  to  Pallas  Minerva,  and  the  other  to  Neptune ;  besides  an 
other  remarkable  building,  called  the  Pandroseum.  In  the  circle  of  Minerva's 
temple  stood  the  olive-tree,  sacred  to  that  goddess.  On  the  front  part  of  the 
Acropolis,  and  on  each  end,  two  theatres  are  visible,  the  one  of  Bacchus,  the 
other,  the  Odeum ;  the  former  for  dramatic  exhibitions,  the  latter  for  musical 
competitions,  also  built  with  extraordinary  splendor.  The  treasury  is  also  in 
the  back  part  of  the  temple  of  Minerva.  In  the  lower  city  were  many  fine 
specimens  of  architecture,  viz :  the  Poikile,  or  the  gallery  of  historical  paint 
ings  ;  besides  the  temple  of  the  Winds,  and  the  monuments  of  celebrated  men. 
But  the  greatest  pieces  of  architecture  were  without  the  city — the  temples  of 
Theseus  and  Jupiter  Olympius,  one  of  which  stood  on  the  north,  the  other  on 
the  south  side  of  the  city.  The  first  was  of  Doric  architecture,  and  resembled 
the  Parthenon.  On  the  metopes  of  this  temple  the  famous  deeds  of  old  heroes 
and  kings  were  excellently  represented.  The  temple  of  Jupiter  Olympius  was 
of  Ionic  architecture,  and  far  surpassed  all  the  other  buildings  of  Athens  in 
splendor  and  beauty.  Incalculable  sums  were  spent  on  it.  It  was  from  time 
to  time  enlarged,  and  rendered  more  beautiful,  until,  at  length,  it  was  finished 
by  Adrian.  The  outside  of  this  temple  was  adorned  by  nearly  120  fluted 
columns,  60  feet  high,  and  6  feet  in  diameter.  The  inside  was  nearly  half  a 
" 


DESCRIPTION   OF   ATHENS.  35 

league  in  circumference.  Here  stood  the  renowned  statue  of  the  god  made 
by  Phidias,  of  gold  and  ivory.  The  Pantheon  (sacred  to  all  the  gods)  must 
not  be  forgotten.  Of  this  the  Pantheon  at  Home  is  an  exact  copy.  Besides 
these  wonderful  works  of  art,  Athens  contains  many  other  places  which  must 
always  be  interesting,  from  the  recollections  connected  with  them.  The  old 
philosophers  were  not  accustomed,  as  is  well  known,  to  shut  up  their  scholars 
in  lecture-rooms,  but  mingled  with  them  on  the  freest  and  pleasantest  terms, 
arid,  for  this  purpose,  sought  out  spots  which  were  still  and  retired.  Such  a 
spot  was  the  renowned  academy  where  Plato  taught,  lying  about  six  stadia 
north  of  the  city,  forming  a  part  of  a  place  called  Ceramicus.  This  spot, 
originally  marshy,  had  been  made  a  very  pleasant  place,  by  planting  rows  of 
trees,  and  turning  through  it  streams  of  fresh  water.  Such  a  place  was  the 
Lyceum,  where  Aristotle  taught,  and  which,  through  him,  became  the  seat  of 
the  Peripatetic  school.  It  lay  on  the  bank  of  the  Ilissus,  opposite  the  city, 
and  was  also  used  for  gymnastic  exercises.  Not  far  from  thence  was  the  less 
renowned  Cynosarges,  where  Antisthenes,  the  founder  of  the  Cynic  school, 
taught.  The  sects  of  Zeno  and  Epicurus  held  their  meetings  in  the  city. 
Zeuo  chose  the  well-known  Poikile,  and  Epicurus  established  himself  in  a 
garden  within  the  walls,  for  he  loved  both  society  and  rural  quiet.  Not  only 
literary,  but  political  assemblies  gave  a  particular  interest  to  different  places 
in  Athens.  Here  was  the  court  of  areopagus,  where  that  illustrious  body 
gave  their  decisions ;  the  Prytaneum,  or  senate-house ;  the  Pnyx,  where  the 
free  people  of  Athens  deliberated.  After  23  centuries  of  war  and  devastation, 
of  changes  from  civilized  to  savage  masters,  have  passed  over  this  great  city, 
its  ruins  still  excite  astonishment.  No  inconsiderable  part  of  the  Acropolis 
was  lately  standing.  The  Turks  have  surrounded  it  with  a  broad,  irregular 
wall.  In  this  wall  one  may  perceive  the  remains  of  the  old  wall,  together  with 
fragments  of  ancient  pillars,  which  have  been  taken  from  the  ruins  of  the  old 
to  construct  new  edifices.  The  right  wing  of  the  Propylaeum,  built  by 
Pericles  at  the  expense  of  2012  talents,  and  which  formed  the  ancient  entrance, 
was  a  temple  of  victory.  The  roof  of  this  building  stood  as  late  as  1656, 
when  it  was  destroyed  by  the  explosion  of  some  powder  kept  there.  In  a  part 
of  the  present  wall,  there  are  fragments  of  excellent  designs  in  basso  relievo, 
representing  the  contest  of  the  Athenians  with  the  Amazons.  On  the  opposite 
wing  of  the  Propylseum  are  six  whole  columns,  with  gate-ways  between  them. 
These  pillars,  half  covered  on  the  front  side  by  the  wall  built  by  the  Turks, 
are  of  marble,  white  as  snow,  and  of  the  finest  workmanship.  They  consist 
of  three  or  four  stones,  so  artfully  joined  together,  that,  though  they  have  beer, 
exposed  to  the  weather  for  2000  years,  yet  no  separation  has  been  observed. 
From  the  Propylaeum  we  step  into  the  Parthenon.  On  the  eastern  front  of 
this  building,  also,  there  are  eight  columns  standing,  and  several  colonnades  on 
the  side.  Of  the  pediment,  which  represented  the  contest  of  Neptune  and 
Minerva  for  Athens,  there  is  nothing  remaining  but  the  head  of  a  sea-horse,  and 
the  figures  of  two  women  without  heads ;  but  in  all  we  must  admire  the  highest 


35  DESCRIPTION   OF   ATHENS. 

degree  of  truth  and  beauty.  The  battle  between  the  Centaurs  and  Lapithse 
is  better  preserved.  Of  all  the  statues  with  which  it  was  adorned,  that  of 
Adrian  alone  remains.  The  inside  of  this  temple  is  now  changed  into  a  mosque. 
In  the  whole  of  this  mutilated  building,  we  find  an  indescribable  expression  of 
grandeur  and  sublimity.  There  are  also  astonishing  remains  to  be  seen  of  the 
Erectheum  (the  temple  of  Neptune  Erectheus),  especially  the  beautiful  female 
figures  called  Caryatides,  and  which  form  two  arch-ways.  Of  both  theatres 
there  is  only  so  much  of  the  outer  walls  remaining,  that  one  can  estimate  their 
former  condition  and  enormous  size.  The  arena  has  sunk  down,  and  is  now 
planted  with  corn.  In  the  lower  city  itself,  there  are  no  vestiges  to  be  found 
of  equal  beauty  and  extent.  Near  a  church,  sacred  to  Santa  Maria  Maggiore, 
stand  three  very  beautiful  Corinthian  columns,  which  support  an  architrave. 
They  have  been  supposed  to  be  the  remains  of  a  temple  of  Jupiter  Olympius, 
but  the  opinion  is  not  well  grounded :  probably,  they  are  the  remains  of  the 
old  Poikile.  The  temple  of  the  Winds,  built  by  Andronicus  Cyrrhestes,  is  not 
entire.  Its  form  is  an  octagon  :  on  each  side  it  is  covered  with  reliefs,  which 
represent  one  of  the  principal  winds  :  the  work  is  excellent.  The  preservation 
of  this  edifice  is  owing  to  its  being  occupied  by  the  dervises  as  a  mosque.  Of 
the  monuments  of  distinguished  men,  with  which  a  whole  street  was  filled,  only 
the  fine  one  of  Lysicrates  remains.  It  consists  of  a  pedestal  surrounded  by  a 
colonnade,  and  is  surmounted  by  a  dome  of  Corinthian  architecture.  This  has 
been  supposed  to  be  the  spot  which  Demosthenes  used  for  his  study,  but  the 
supposition  is  not  well  supported.  Some  prostrate  walls  are  the  only  remains 
of  the  splendid  gymnasium  built  by  Ptolemy.  Outside  of  the  city,  our  wonder 
is  excited  by  the  lofty  ruins  of  the  temple  of  the  Olympian  Jupiter.  Of  120 
pillars,  16  remain ;  but  none  of  the  statues  are  in  existence.  The  pedestals 
and  inscriptions  are  scattered  here  and  there,  and  partly  buried  in  the  earth. 
The  main  body  of  the  temple  of  Theseus  has  remained  almost  entire,  but  much 
of  it,  as  it  now  stands,  is  of  modern  origin.  The  figures  on  the  outside  are 
mostly  destroyed,  but  those  which  adorn  the  frieze  within  are  well  preserved. 
They  represent  the  actions  of  the  heroes  of  antiquity.  The  battle  between 
Theseus  and  the  Centaur  is  likewise  depicted.  On  the  hill  where  the  famous 
court  of  areopagus  held  its  sittings,  you  find  steps  hewn  in  the  rock,  places  for 
the  judges  to  sit,  and  over  against  these  the  stations  of  the  accuser  and  the 
accused.  The  hill  is  now  a  Turkish  burial-ground,  and  is  covered  with  monu 
ments.  The  Pnyx,  the  place  of  assembly  for  the  people,  not  far  from  the 
Areopagus,  is  very  nearly  in  its  primitive  state  One  may  see  the  place  from 
which  the  orators  spoke  hewn  in  the  rock,  the  seats  of  the  scribes,  and,  at  both 
ends,  the  places  of  those  officers  whose  duty  it  was  to  preserve  silence,  and  to 
make  known  the  event  of  public  deliberations.  The  niches  are  still  to  be  seen, 
where  those  who  had  any  favor  to  ask  of  the  people  deposited  their  petitions. 
The  paths  for  running  are  still  visible,  where  the  gymnastic  exercises  were  per 
formed,  and  which  Herodes  Atticus  built  of  white  marble.  The  spot  occupied 
by  the  Lyceum  is  only  known  by  a  quantity  of  fallen  stones.  A  more  modern 


DESCRIPTION   OF   ATHENS.  37 

edifice  stands  in  the  garden  in  the  place  of  the  academy.     In  the  surrounding 
spa.ce,  the  walks  of  the  Peripatetics  can  be  discerned,  and  some  olive-trees  of 
high  antiquity  still  command  the  reverence  of  the  beholder.     The  long  walls 
are  totally  destroyed,  though  the  foundations  are  yet  to  be  found  on  the  plain. 
The  Piraeus  has  scarcely  any  thing  of  its  ancient  splendor,  except  a  few  ruined 
pillars,  scattered  here  and  there  :  the  same  is  the  case  with  the  Phalerum  and 
Munychia.     It  appears  probable,  that,  in  the  time  of  Pausanius,  many  monu 
ments  were  extant  which  belonged  to  the  period  before  the  Persian  war ;  because 
so  transitory  a  possession  as  Xerxes  had  of  the  city,  scarcely  gave  him  time  to 
finish  the  destruction  of  the  walls  and  principal  public  edifices.     In  the  restor 
ation  of  the  city  to  its  former  state,  Themistocles  looked  more  to  the  useful, 
Cimon  to  magnificence  and  splendor ;  and  Pericles  far  surpassed  them  both  hi 
his  buildings.     The  great  supply  of  money  which  he  had  from  the  tribute  of 
the  other  states,  belonged  to  no  succeeding  ruler.     Athens  at  length  saw  much 
of  her  ancient  splendor  restored ;  but,  unluckily,  Attica  was  not  an  island,  and, 
after  the  sources  of  power,  which  belonged  to  the  fruitful  and  extensive  country 
of  Macedonia,  were  developed  by  an  able  and  enlightened  prince,  the  opposing 
interests  of  many  free  states  could  not  long  withstand  the  disciplined  army  of 
a  warlike  people,  led  by  an  active,  able  and  ambitious  monarch.     When  Sylla 
destroyed  the  works  of  the  Piraeus,  the  power  of  Athens  by  sea  was  at  an  end, 
and  with  that  fell  the  whole  city.     Flattered  by  the  triumvirate,  favored  by 
Adrian's  love  of  the  arts,  Athens  was  at  no  time  so  splendid  as  under  the  An- 
toniues,  when  the  magnificent  works  of  from  eight  to  ten  centuries  stood  in 
view,  and  the  edifices  of  Pericles  were  in  equal  preservation  with  the  new 
buildings.     Plutarch  himself  wonders  how  the  structures  of  Ictinus,  of  Menes- 
icles  and  Phidias,  which  were  built  with  such  surprising  rapidity,  could  retain 
such  a  perpetual  freshness.     Probably  Pausanius  saw  Greece  yet  unplundered. 
The  Romans,  from  reverence  towards  a  religion  approaching  so  nearly  to  their 
own,  and  wishing  to  conciliate  a  people  more  cultivated  than  themselves,  were 
ashamed  to  rob  temples  where  the  masterpieces  of  art  were  kept  as  sacred,  and 
were  satisfied  with  a  tribute  of  money,  although  in  Sicily  they  did  not  abstain 
from  the  plunder  of  the  temples,  on  account  of  the  prevalence  of  Carthaginian 
and  Phoenician  influence  in  that  island.     Pictures,  even  in  the  time  of  Pausa- 
nias,  may  have  been  left  in  their  places.     The  wholesale  robberies  of  collectors, 
the  removal  of  great  quantities  of  the  works  of  art  to  Constantinople,  when 
the  creation  of  new  specimens  was  no  longer  possible,  Christian  zeal,  and  the 
attacks  of  barbarians,  destroyed,  after  a  time,  in  Athens,  what  the  emperors 
had  spared.     We  have  reason  to  think,  that  the  colossal  statue  of  Minerva 
Proffiajhos  was  standing  in  the  time  of  Alaric.     About  420  A.  D.,  paganism 
was  totally  annihilated  at  Athens,  and,  when  Justinian  closed  even  the  schools 
of  the  philosophers,  the  recollection  of  the  mythology  was  lost.     The  Parthe 
non  was  turned  into  a  church  of  the  Virgin  Mary,  and  St.  George  stepped  into 
the  place  of  Theseus.     The  manufactory  of  silk,  which  had  hitherto  remained, 
was  destroyed  by  the  transportation  of  a  colony  of  weavers,  by  Roger  of 


38  SLAVERY    IN   SPARTA. 

Sicily,  and,  in  1456,  the  place  fell  into  the  hands  of  Omar.  To  complete  its 
degradation,  the  city  of  Minerva  obtained  the  privilege  (an  enviable  one  in  the 
East)  of  being  governed  by  a  black  eunuch,  as  an  appendage  to  the  harem. 
The  Parthenon  became  a  mosque,  and,  at  the  west  end  of  the  Acropolis,  those 
alterations  were  commenced,  which  the  new  discovery  of*  artillery  then  made 
necessary.  In  1687,  at  the  siege  of  Athens  by  the  Venetians  under  Morosini, 
it  appears  that  the  temple  of  Victory  was  destroyed,  the  beautiful  remains  of 
\vhich  are  to  be  seen  in  the  British  museum.  September  28,  of  this  year,  a 
bomb  fired  the  powder  magazine  kept  by  the  Turks  in  the  Parthenon,  and,  with 
rhis  building,  destroyed  the  ever  memorable  remains  of  the  genius  of  Phidias. 
Probably,  the  Venetians  knew  not  what  they  destroyed ;  they  could  not  have 
intended  that  their  artillery  should  accomplish  such  devastation.  The  city  was 
.surrendered  to  them  September  29.  They  wished  to  send  the  chariot  of  Vic 
tory,  which  stood  on  the  west  pediment  of  the  Parthenon,  to  Venice,  as  a  tro 
phy  of  their  conquest,  but,  in  removing,  it  fell  and  was  dashed  to  pieces.  April, 
1688,  Athens  was  again  surrendered  to  the  Turks,  in  spite  of  the  remonstrances 
of  the  inhabitants,  who,  with  good  reason,  feared  the  revenge  of  their  return 
ing  masters.  Learned  travelers  have,  since  that  time,  often  visited  Athens ; 
and  we  may  thank  their  relations  and  drawings  for  the  knowledge  which  we 
have  of  many  of  the  monuments  of  the  place.* 


CHAPTER     III. 

SLAVES  OF  SPARTA,  CRETE,  THESSALT,  &c. — THE  HELOTS. 

The  Helots : — leading  events  of  their  History  summed  up. — Their  Masters  described. — 
The  Spartans,  their  manners,  customs  and  constitutions. — Distinguishing  traits :  se 
verity,  resolution  and  perseverance,  treachery  and  craftiness. — Marriage. — Treatment 
of  Infants. — Physical  Education  of  Youth. — Their  endurance  of  hardships. — The  He 
lots  :  their  origin ;  supposed  to  belong  to  the  State ;  power  of  life  and  death  over 
them  ;  how  subsisted ;  property  acquired  by  them ;  their  military  service. — Plato, 
Aristotle,  Isocrates,  Plutarch  and  other  writers  convict  the  Spartans  of  barbarity 
towards  them  ;  the  testimony  of  Myron  on  this  point ;  instances  of  tyranny  and 
cruelty.  —  Institution  of  the  Crypteia;  annual  massacre  of  the  Helots.  —  Terrible 
instance  of  treachery. — Bloody  servile  wars. — Sparta  engaged  in  contests  with  her  own 
vassals. — Relies  upon  foreign  aid. — Earthquake,  and  vengeance  of  the  Helots. — Con 
stant  source  of  terror  to  their  masters. — Other  classes  of  slaves. — Their  privileges  and 
advancement. — Slavery  in  Crete:  classes  and  condition. — Mild  treatment. — Strange 
l-ilvilcges  during  certain  Festivals. — Slaves  of  Syracuse  rebel  and  triumph. — The  Ar 
cadians. 

t    l 

i  HERE  seems  to  be  a  diversity  of  opinion  among  modern  writers,  as  to  the 
<•  edition  of  the   Spartan  Helots.     The  American  Encyclopedia,  in  giving 

*  Encyclopedia  Americana. 


THE   HELOTS.  39 

briefly  the  prominent  events  of  their  history,  states,  that  the  name  is  generally 
derived  from  the  town  of  Helos,  the  inhabitants  of  which  were  carried  off  and 
reduced  to  slavery  by  the  Heraclida3,  about  1000  B.  C.  They  differed  from 
the  other  Greek  slaves  in  not  belonging  individually  to  separate  masters  ;  they 
were  the  property  of  the  state,  which  alone  had  the  disposal  of  their  freedom. 
They  formed  a  separate  class  of  inhabitants,  and  their  condition  was,  in  many 
respects,  similar  to  that  of  the  boors  in  some  countries  of  Europe.  The  state 
assigned  them  to  certain  citizens,  by  whom  they  were  employed  in  private 
labors,  though  not  exclusively,  as  the  state  still  exacted  certain  services  from 
them.  Agriculture  and  all  mechanical  arts  at  Sparta  were  in  the  hands  of  the 
Helots,  since  the  laws  of  Lycurgus  prohibited  the  Spartans  from  all  lucrative 
occupations.  But  the  Helots  were  also  obliged  to  bear  arms  for  the  state,  in 
case  of  necessity.  The  barbarous  treatment  to  which  they  were  exposed  often 
excited  them  to  insurrection.  Their  dress,  by  which  they  were  contemptuously 
distinguished  from  the  free  Spartans,  consisted  of  cat's-skin,  and  a  leather  cap, 
of  a  peculiar  shape.  They  were  sometimes  liberated  for  their  services,  or  for 
a  sum  of  money.  If  their  numbers  increased  too  much,  the  young  Spartans, 
it  is  said,  were  sent  out  to  assassinate  them.  Their  number  is  uncertain,  but 
Thucydides  says  that  it  was  greater  than  that  of  the  slaves  in  any  other  Gre 
cian  state.  It  has  been  variously  estimated,  at  from  320,000  to  800,000.  They 
several  times  rose  against  their  masters,  but  were  always  finally  reduced. 

Before  we  proceed  with  the  history  of  the  Spartan  Helots,  it  will  be  well 
enough  to  digress,  in  order  to  understand  the  character  of  their  masters,  who 
were,  in  many  respects,  a  peculiar  people. 

Sparta,  or  Lacedaemon,  the  capital  of  Laconia  and  of  the  Spartan  state,  lay 
an  the  west  bank  of  the  river  Eurotas,  and  embraced  a  circuit  of  six  miles. 
The  ruins  are  still  seen  nearly  a  league  to  the  east  of  Misistra,  and  are  known 
by  the  name  of  Palgeopolis,  or  "ancient  city."  The  Spartans  were  distin 
guished  among  the  people  of  Greece  by  their  manners,  customs  and  constitu 
tion.  Their  kings  ruled  only  through  the  popular  will,  as  they  had  no  other 
privileges  than  those  of  giving  their  opinion  first  in  the  popular  assemblies, 
acting  as  umpires  in  disputes,  and  of  commanding  the  army :  their  only  other 
advantages  were  a  considerable  landed  estate,  a  large  share  of  the  spoils,  and 
the  chief  seat  in  assemblies  and  at  meals.  The  Spartans,  that  is,  the  descend 
ants  of  the  Dorians,  who  acquired  possession  of  Laconia  under  the  Heraclida? 
were  occupied  only  with  war  and  the  chase,  and  left  the  agricultural  labors  to 
the  Helots ;  but  the  Lacedaemonians,  or  Perio3ci  (the  ancient  inhabitants  of 
the  country),  engaged  in  commerce,  navigation  and  manufactures.  Although 
the  Spartan  conquerors  were  superior  in  refinement  and  cultivation  to  the 
Lacedaemonians,  the  arts  of  industry  flourished  only  among  the  latter.  They 
gradually  intermingled  with  the  Spartans,  whom  they  exceeded  in  number,  and 
formed  one  people.  Both  people  constituted  one  state,  with  a  national  assem 
bly,  to  which  the  towns  sent  deputies.  The  military  contributions  in  money 
and  troops  formed  the  principal  tribute  of  the  free  Lacedaemonians  to  the 


40  THE   SPARTANS. 

Spartans  (Dorians).  The  former  were  sometimes  divided  by  jealousy  from 
the  latter,  and  in  the  Theban  war  several  towns  withdrew  their  troops  from 
the  Spartans,  and  joined  Epaminondas.  The  distinguishing  traits  of  the 
Spartans  were  severity,  resolution  and  perseverance.  Defeat  and  reverse 
never  discouraged  them.  But  they  were  faithless  and  crafty,  as  appears  from 
their  conduct  in  the  Messenian  wars,  in  which  they  not  only  bribed  the  Arca 
dian  king,  Aristocrates,  to  the  basest  treachery  towards  the  Messenians,  but 
also  corrupted  the  Delphic  oracle,  of  which  they  made  use  to  the  prejudice  of 
the  Messenians.  The  age  at  which  marriage  might  be  contracted  was  fixed  by 
Lycurgus  at  thirty  for  men  and  twenty  for  women.  When  a  Spartan  woman 
was  pregnant,  it  was  required  that  pictures  of  the  handsomest  young  men 
should  be  hung  up  in  her  chamber,  for  the  purpose  of  producing  a  favorable 
effect  on  the  fruit  of  her  womb.  The  other  Greeks  washed  the  new-born  infante 
with  water,  and  afterwards  rubbed  them  over  with  oil;  but  the  Spartans 
bathed  them  in  wine,  to  try  the  strength  of  their  constitution.  They  had  a 
notion  that  a  wine  bath  produced  convulsions  or  even  death  in  weakly  chil 
dren,  but  confirmed  the  health  of  the  strong.  If  the  infant  proved  vigorous 
and  sound,  the  state  received  it  into  the  number  of  citizens ;  otherwise  it  was 
thrown  into  a  cave  on  mount  Taygetus.  In  the  other  Grecian  states,  the 
exposition  of  children  was  a  matter  of  custom  ;  in  Sparta  it  was  forbidden  by 
law.  The  Spartan  children  were  early  inured  to  hardship  and  accustomed  to 
freedom.  Stays,  which  were  in  use  among  the  other  Grecians,  were  unknown 
to  the  Spartans.  To  accustom  the  children  to  endure  hunger,  they  gave  them 
but  little  food ;  and,  if  they  stood  in  need  of  more,  they  were  obliged  to  steal 
it ;  and,  if  discovered,  they  were  severely  punished,  not  for  the  theft,  but  foi 
their  awkwardness.  Every  ten  days,  they  were  required  to  present  themselves 
before  the  ephori,  and  whoever  was  found  to  be  too  fat,  received  a  flogging. 
Wine  was  not  generally  given  to  girls  in  Greece,  but  was  commonly  allowed  to 
boys  from  earliest  childhood.  In  Sparta,  the  boys  were  obliged  to  wear  the 
hair  short,  until  they  attained  the  age  of  manhood,  when  it  was  suffered  to 
grow.  They  usually  ran  naked,  and  were  generally  dirty,  as  they  did  not 
bathe  and  anoint  themselves,  like  the  other  Greeks.  They  took  pride  in  hav 
ing  the  body  covered  with  marks  of  bruises  and  wounds.  They  wore  no  outer 
garment,  except  in  bad  weather,  and  no  shoes  at  any  time.  They  were  obliged 
to  make  their  beds  of  rushes  from  the  Eurotas.  Till  the  seventh  year,  the 
child  was  kept  in  the  gynseceum,  under  the  care  of  the  women ;  from  that  age 
to  the  eighteenth  year,  they  were  called  boys,  and  thence  to  the  age  of  thirty, 
youths.  In  the  thirtieth  year  the  Spartan  entered  the  period  of  manhood, 
and  enjoyed  the  full  rights  of  a  citizen.  At  the  age  of  seven,  the  boy  was 
withdrawn  from  the  paternal  care,  and  educated  under  the  public  eye,  in  com 
pany  with  others  of  the  same  age,  without  distinction  of  rank  or  fortune.  If 
any  person  withheld  his  son  from  the  care  of  the  state,  he  forfeited  his  civil 
rights.  The  principal  object  of  attention,  during  the  periods  of  boyhood  and 
youth,  was  the  physical  education,  which  consisted  in  the  practice  of  various 


THE   HELOTS.  41 

gymnastic  exercises — running,  leaping,  throwing  the  discus,  wrestling,  boxing, 
arid  the  chase.  These  exercises  were  performed  naked,  in  certain  buildings 
called  gymnasia.  Besides  gymnastics,  dancing  and  the  military  exercises  were 
practiced.  A  singular  custom  was  the  flogging  the  boys  on  the  annual  festival  of 
Diana  Orthia,  for  the  purpose  of  inuring  them  to  bear  pain  with  firmness  :  the 
priestess  stood  by  with  a  small,  light,  wooden  image  of  Diana,  and  if  she 
observed  that  any  boy  was  spared,  she  called  out  that  the  image  of  the  goddess 
was  so  heavy,  that  she  could  not  support  it,  and  the  blows  were  then  redoubled. 
The  men  who  were  present  exhorted  their  sons  to  fortitude,  while  the  boys  en 
deavored  to  surpass  each  other  in  firmness.  Whoever  uttered  the  least  cry 
during  the  scourging,  which  was  so  severe  as  sometimes  to  prove  fatal,  was 
considered  as  disgraced,  while  he  who  bore  it  without  shrinking  was  crowned, 
and  received  the  praises  of  the  whole  city.  According  to  some,  this  usage  was 
established  by  Lycurgus ;  others  refer  it  to  the  period  of  the  battle  of  Plataeae. 
To  teach  the  youth  cunning,  vigilance  and  activity,  they  were  encouraged,  as 
has  been  already  mentioned,  to  practice  theft  in  certain  cases  ;  but  if  detected, 
they  were  flogged,  or  obliged  to  go  without  food,  or  compelled  to  dance  round 
an  altar,  singing  songs  in  ridicule  of  themselves.  The  fear  of  the  shame  of 
being  discovered  sometimes  led  to  the  most  extraordinary  acts.  Thus  it  is  re 
lated  that  a  boy  who  had  stolen  a  young  fox,  and  concealed  it  under  his  clothes, 
suffered  it  to  gnaw  out  his  bowels,  rather  than  reveal  the  theft,  by  suffering  the 
fox  to  escape.  Swimming  was  considered  indispensable  among  them ;  they 
had  a  proverb  to  intimate  that  a  man  was  good  for  nothing,— He  cannot  swim. 
Modesty  of  deportment  was  particularly  attended  to ;  and  conciseness  of  lan 
guage  was  much  studied.  The  Spartans  were  the  only  people  of  Greece  who 
despised  learning,  and  excluded  it  from  the  education  of  youth.  Their  whole 
instrutions  consisted  in  learning  obedience  to  their  superiors,  the  endurance  of 
hardships,  and  to  conquer  or  die  in  war.  The  youth  were,  however,  carefully 
instructed  in  a  knowledge  of  the  laws,  which,  not  being  reduced  to  writing, 
were  taught  orally.  The  education  of  females  was  entirely  different  from  that 
of  the  Athenians.  Instead  of  remaining  at  home,  as  in  Athens,  spinning,  &c., 
they  danced  in  public,  wrestled  with  each  other,  ran  on  the  course,  threw  the 
discus,  &c.  This  was  not  only  done  in  public,  but  in  a  half-naked  state.  The 
object  of  this  training  of  the  women,  was  to  give  a  vigorous  constitution  to 
the  children.* 

From  a  valuable  work  on  the  manners  and  customs  of  ancient  Greece, 
by  a  distinguished  English  author,  to  whom  we  have  been  indebted  in  our 
description  of  the  Athenian  slavery,  we  gather  some  interesting  particulars 
relative  to  the  Spartan  Helots.f  who,  he  says,  were  Greeks  of  the  Achaian 
race,  who  fell  together  with  the  land  into  the  power  of  the  conquerors.  He 
quotes  the  remark  of  Ephoros,  that  "they  were,  in  a  certain  point  of  view, 
- 

*  See  Muller's  History  and  Antiquities  of  the  Doric  race. 

t  See  Smith's  Dictionary  of  Greek  and  Roman  Antiquities.     London. 


42  SLAVES    IN   SPARTA. 

public  slaves  ;  their  possessor  could  neither  liberate  them,  nor  sell  them  beyond 
the  borders."  His  inference  is,  that  they  were  the  property  of  individuals,  but 
that  the  state  reserved  to  itself  the  right  of  enfranchising  them  and  preventing 
their  emancipation,  lest  persons  should  be  found,  who  would  sell  or  give  them 
their  liberty  when  too  old  to  labor.  It  is  true  there  was  an  ancient  law  pro 
hibiting  the  exportation  of  the  Helots ;  but  we  find  that  there  was  a  regular 
trade  carried  on  in  females,  who  were  exported  into  all  the  neighboring  coun 
tries  for  nurses.  Thus  it  seems  that  the  state  exercised  the  power  to  convert 
its  serfs  into  merchandize.  It  is  stated  that  over  the  Helots,  "  not  the  state 
only,  but  even  private  individuals,  possessed  the  power  of  life  and  death,  as 
well  as  the  right  of  beating  and  maiming  them." 

As  the  Spartans  possessed  estates,  which  personally  they  never  cultivated, 
the  Helots  were  stationed  throughout  the  country  upon  those  estates,  which 
it  was  their  business  to  till  for  the  owners.  To  live,  it  was  of  course  necessary 
that  they  should  eat,  and  therefore  a  portion  of  the  produce  was  set  aside  for 
them, — one-half,  according  to  Tyrtaeos, — a  division  not  over  generous,  since 
their  numbers  were  five  times  greater  than  those  of  the  Spartans.  The  learned 
historian  Herodotus  remarks  upon  this,  "  as  the  quantity  had  been  definitively 
settled  at  a  very  early  period,  to  raise  the  amount  being  forbidden  under  very 
heavy  imprecations,  the  Helots  were  the  persons  who  profited  by  a  good,  and 
lost  by  a  bad  harvest,  which  must  have  been  to  them  an  encouragement  to  in 
dustry  and  good  husbandry ;  a  motive  which  would  have  been  wanting,  if  the 
profit  and  loss  had  merely  affected  the  landlords." 

There  appear  to  have  been  instances  of  Helots  becoming  comparatively 
wealthy  in  spite  of  the  oppressions  they  endured ;  as  did  the  Jews  of  the  mid 
dle  ages,  notwithstanding  the  terrible  robberies,  persecutions  and  cruelties  they 
were  subject  to.  This  fact  proves  that  no  pressure  of  hardship  or  ill-usage 
can  entirely  destroy  the  elasticity  of  the  spirit :  and  no  doubt  the  Helots,  like 
all  slaves,  sought  to  soften  their  miseries  by  a  gratification  which  the  sense  of 
property  procures  even  in  bondage.  But  of  what  value  is  property  to  a  man 
who  is  himself  the  property  of  another  ?  It  appears,  however,  according  to 
Herodotus,  that  "  by  means  of  the  rich  produce  of  the  land,  and  in  part  by 
plunder  obtained  in  war,  they  collected  a  considerable  property." 

But  very  little  intercourse  took  place  between  the  Spartans  and  Helots,  at 
least  in  earlier  times.  Afterwards,  when  the  masters  quitted  the  capital,  took 
to  husbandry,  and  went  to  reside  on  their  estates,  the  link  must  necessarily 
have  been  more  closely  drawn.  Intercommunion  begot  more  humane  feel 
ings  in  the  master,  and  more  attachment  in  the  slave ;  for  the  Spartans  felt 
the  influence  of  intimacy,  as  is  proved  by  their  enfranchising  the  slave  com 
panions  of  their  childhood.  A  certain  number  of  Helots  were  retained  in 
the  city  as  personal  attendants,  and  these  waited  at  the  public  tables,  and  were 
lent  by  one  person  to  another. 

In  the  military  service  of  the  state,  the  Helots  fought  and  bled  by  the  side  of 
their  masters.  The  state  was,  no  doubt,  reluctant  to  admit  them  among  the 


THE  I:I:LOT:,.  43 

,  or  heavy  armed,  where  the  discipline  was  rigorous,  and  their  weapons 
would  have  placed  them  on  a  level  with  their  oppressors.  But  even  this 
was  sometimes  hazarded,  as  in  the  reinforcements  forwarded  to  Gyleppus,  at 
Syracuse,  when  six  hundred  Neodomades  and  picked  Helots  were  compli 
mented  with  this  dangerous  distinction.  As  light  troops,  however,  they 
almost  invariably  formed  the  major  part  of  the  Lacedaemonian  forces.  In 
other  countries,  where  the  subject  races  were  treated  more  humanely,  no  fear 
was  entertained  at  entrusting  them  with  arms.  Among  the  Dardanians,  for 
example,  where  it  was  not  uncommon  for  a  private  individual  to  possess  a 
thousand  slaves,  they  in  time  of  peace  cultivated  the  land,  and  in  war,  tilled 
the  ranks  of  the  army. 

Plato,  Aristotle,  Isocrates,  Plutarch,  and  a  number  of  other  writers,  agree 
in  convicting  the  Spartans  of  great  barbarity  towards  their  bondmen,  differing, 
however,  as  to  the  degree  of  that  barbarity.  The  following  passage  occurs  in 
the  work  of  Myron,  of  Priene,  whose  testimony,  however,  is  rejected  by 
Miiller :  "  The  Helots  perform  for  the  Spartans  every  ignominious  service. 
They  are  compelled  to  wear  a  cap  of  dog-skin,  and  a  covering  of  sheep-skin ; 
and  are  severely  beaten  every  year,  without  having  committed  any  fault,  in 
order  that  they  might  never  forget  that  they  are  slaves.  In  addition  to  this, 
those  amongst  them  who,  either  by  their  stature  or  their  beauty,  raise  them 
selves  above  the  ordinary  condition  of  a  slave,  are  condemned  to  death,  and 
the  masters  who  do  not  destroy  the  most  manly  of  them  are  liable  to  punish 
ment."  Plutarch  relates  that  "the  Helots  were  compelled  to  intoxicate  them 
selves,  and  perform  indecent  dances,  as  a  warning  to  the  Spartan  youth." 
From  other  authors  it  appears  that  it  was  the  constant  policy  of  Sparta  to 
demoralize  the  Helots.  They  were  commanded  to  sing  obscene  songs,  and 
dance  indecent  jigs,  while  the  Pyrrhic  dance,  and  every  warlike  lay  were  for 
bidden  them.  It  is  related,  that  when  the  Thebans  invaded  Laconia  and 
made  prisoners  a  number  of  Helots,  they  commanded  them  to  sing  some  of  the 
songs  of  Sparta ;  but  the  Helots  professed  their  inability,  observing  that  the 
acquisition  of  those  lays  was  forbidden  them.  In  short,  to  adopt  the  words 
of  Theopompos,  they  were  at  all  times  cruelly  and  bitterly  treated.  Critias 
observes,  that,  as  the  freemen  of  Sparta  were  of  all  men  the  most  free,  so 
were  the  serfs  of  Sparta  of  all  slaves  the  most  slavish.  They  were  deluded, 
sometimes,  from  the  protection  of  sanctuary  by  perjury,  and  then  assassinated 
in  contempt  of  oaths  and  religion.  But  all  this  harsh  usage  was  mild,  com 
pared  with  other  injuries  which  the  laws  of  Sparta  inflicted  on  them.  We 
allude  to  the  institution  of  the  Crypteia.  Isocrates  describes  this  annual 
massacre  of  the  Helots,  and,  with  Aristotle,  he  attributes  to  the  Ephori, 
magistrates,  the  direction  of  this  servile  war,  in  which  the  reins  of  slaughter 
were  loosed  or  tightened  by  their  authority.  Plutarch  says :  "According  to 
this  ordinance,  the  Crypteia,  the  rulers,  selecting  from  among  the  youths  those 
most  distinguished  for  ability,  sent  them  forth  armed  with  daggers  and  furnish 
ed  with  the  necessary  provisions  to  scour  the  country,  separating  and  conceal- 


44  SLAVES  IN  SPARTA. 

ing  themselves  by  day,  in  unfrequented  places,  but  issuing  out  at  niglit  and 
slaughtering  all  such  of  the  Helots  as  they  found  abroad.  Sometimes, 
indeed,  they  fell  upon  them  while  engaged  in  the  labors  of  the  fields,  and  then 
cut  off  the  best  and  bravest  of  the  race."  Flowing  from  the  same  policy,  and 
designed  to  effect  the  same  purpose,  were  those  extensive  massacres  recorded 
in  history,  by  one  of  which  more  than  two  thousand  of  those  unhappy  men, 
having  been  insidiously  deluded  into  the  assertion  of  sentiments  conformable 
to  the  gallant  actions  they  had  performed  in  the  service  of  the  state,  were 
removed  in  a  day.  Lulled  by  the  gift  of  freedom,  crowned  with  garlands, 
smiled  upon,  they  were  conducted  to  the  temples,  as  if  to  implicate  the  very 
gods  in  the  treachery, — and  then  they  disappeared.  Their  fate  was  never 
revealed. 

Every  year,  on  taking  office,  the  magistrates  formally  declared  war  against 
their  unarmed  and  unhappy  slaves,  "  that  they  might  be  massacred  under  pre 
tence  of  law."  It  seems  reasonable  to  believe  that  these  oppressions  kindled 
those  bloody  servile  wars  which  Sparta  could  not  quench  without  foreign  aid. 
The  Spartans  were,  in  fact,  during  many  years,  prevented  from  disputing  with 
the  Athenians  the  supremacy  in  Greece,  by  contests  with  their  own  vassals. 
On  the  occasion  of  the  great  earthquake,  when  nearly  every  house  in  Sparta 
was  shaken  to  the  ground,  the  Helots  rejoiced  at  the  calamity,  and  flocked  to 
the  environs  of  the  city  from  the  whole  country  around,  in  order  to  put  an  end 
to  their  tyrants  as  they  were  escaping  in  terror  from  their  tottering  habita 
tions. 

It  is  known  that  the  Helots  were  a  constant  source  of  terror  to  their  mas 
ters, — that  whenever  occasion  offered,  they  revolted, — whenever  an  enemy  to 
the  state  appeared,  they  joined  him, — that  they  fled  whenever  flight  was  possi 
ble, — and  were  so  numerous  and  so  bold,  that  Sparta  was  compelled,  in  her 
treaties  with  foreign  states,  to  stipulate  "for  aid  against  her  own  subjects."* 

The  Spartans  appear  to  have  possessed  other  slaves  besides  the  oppressed 
Helots,  with  whom  they  have  often  been  confounded.  These  were  not  viewed 
with  equal  dread,  since  they  were  brought  together  from  various  countries, 
and  had  no  common  bond  of  union.  Many  of  this  class  were  enfranchised, 
and  rose  to  the  rank  of  citizens.  Another  class  of  persons,  commonly  ranked 
among  the  Laconian  slaves,  were  the  Mothaces,  whose  origin,  rank  and  con 
dition  it  is  difficult  to  determine.  Athenaeus  observes,  that,  although  not 
Lacedaemonians,  they  were  free.  Miiller,  alluding  to  this  passage,  says  they 
are  called  free  in  reference  to  their  future,  not  their  past,  condition.  The 
words  of  Philarchos  are :  "  The  Mothaces  were  the  brother-like  companions 
of  the  Lacedaemonians.  For  every  youthful  citizen,  according  to  his  means, 
chose  one,  two,  or  more  of  these  to  be  brought  up  with  him ;  and  notwithstand 
ing  that  they  enjoyed  not  the  rank  of  citizens,  they  were  free,  and  participated 
in  all  the  advantages  of  the  national  education.  Lysander,  who  defeated  the 


*  Muller — Dorians,  ii,  43. 


CRETAN  SLAVES.  45 

Athenians  at  sea,  was  one  of  this  class,  and  was  raised  for  his  valor  to  the 
rank  of  citizen."  Lycurgus  laid  much  less  stress  on  birth  and  blood,  than  on 
that  steadiness  and  patience  of  toil,  which  are  the  first  qualities  of  a  soldier. 
Whoever  from  childhood  upward  gave  proof  of  these,  by  submitting  without 
a  murmur  to  the  rigorous  trial  he  enjoined  on  the  youth  of  Sparta,  was 
elevated  in  the  end  to  the  rank  of  a  citizen ;  while  they  who  shrunk  from 
the  severity  of  his  discipline,  even  though  they  had  descended  from  royal  blood, 
sunk  into  a  state  of  degradation,  or  were  even  confounded  with  the  Helots. 

The  Thessalians  denominated  Penestae,  not  those  who  were  born  in  servi 
tude,  but  persons  who  were  made  captives  in  war.  In  Crete,  the  servile  caste 
was  divided  into  many  classes :  first,  those  of  the  cities,  who  were  "  bought 
with  gold,"  as  their  name  implied,  and  were  doubtless  barbarians ;  second, 
those  of  the  country,  who  were  bound  to  the  estates  of  the  landed  gentry ; 
these  were  the  aboriginal  tribes  reduced  to  servitude  by  their  foreign  conquer 
ors.  In  condition  they  resembled  the  Helots.  Thirdly,  there  existed  in  every 
state  in  Crete,  a  class  of  public  bondsmen,  who  cultivated  the  public  lands, 
upon  what  conditions  is  not  exactly  known.  They  were  sufficiently  numerous 
and  powerful  to  inspire  their  masters  with  dread,  as  is  evident  by  the  regula 
tion  which  excluded  them  from  the  gymnasia,  and  prohibited  the  use  of  arms. 

In  the  city  of  Cydonia  during  certain  festivals  of  Hermes,  the  slaves  were 
left  masters  of  the  place,  into  which  no  free  citizen  had  permission  to  enter ; 
and  if  he  infringed  this  regulation,  they  had  the  power  to  chastise  him  with 
whips.  In  other  parts  of  Crete,  customs  similar  to  those  of  the  Roman 
Saturnalia  prevailed;  for,  while  the  slaves  in  the  Hermsean  festival  were 
carousing  and  taking  their  ease,  their  lords,  in  the  guise  of  domestics,  waited 
upon  them  at  table,  and  performed  in  their  stead  all  other  menial  offices.  Some 
thing  of  the  same  kind  took  place  during  the  month  Gercestion,  at  Trcezen, 
where  the  citizens  feasted  their  slaves  on  one  particular  day  of  the  great  annual 
festival,  and  played  at  dice  with  them.  Among  the  Babylonians  we  find  a  similar 
custom ;  for,  during  the  Sacsean  festival,  which  lasted  five  days,  the  masters  waited 
on  their  slaves,  one  of  whom,  habited  in  a  royal  robe,  enacted  the  part  of  king. 

It  is  stated  that  the  condition  and  treatment  of  the  Cretan  serfs,  were  better 
than  in  any  other  Doric  state ;  and  that  the  Periceci  of  Crete  never  revolted 
against  their  masters. 

The  serfs  of  the  Syracusans  were  so  exceedingly  numerous  that  their  num 
bers  became  a  proverb.  They  would  seem  to  have  dwelt  chiefly  in  the  country. 
In  process  of  time  their  multitude  inspired  them  with  courage  ;  they  assaulted 
and  drove  out  their  masters,  and  retained  possession  of  Syracuse. 

Respecting  the  servile  classes  in  other  Grecian  states,  our  information  is 
scanty.  The  corresponding  class  among  the  Arcadians  is  said  to  have  amounted 
to  three  hundred  thousand  in  number.  Their  treatment  was  probably  more 
lenient  than  in  some  other  parts  of  Greece,  as  at  public  festivals  we  find  them 
sitting  at  the  same  table,  eating  the  same  food,  and  drinking  from  the  same 
cup  with  their  masters. 


SLAVERY  IN   ROME. 

tf    I.-*  *,>;#£..*>.*•.  JjWii.  .ygy^ft  •,$£«  Kg,    .*.y.>WB^    >  ,.      ,         :. 

.    jr  '   -        A 

CHAPTER    IV. 

SLAVERY  IN  ROME. 

Slavery  under  the  kings  and  in  the  early  ages  of  the  Republic. — Its  spread,  and  effect  on 
the  poorer  class  of  Freemen. — The  Licinian  law. — Prevalence  of  the  two  extremes,  im 
mense  wealth  and  abject  poverty. — Immense  number  of  Slaves  in  Sicily. — They  revolt. 
— Eunus,  their  leader. — Their  arms. — Horrible  atrocities  committed  by  them. — The  in 
surrection  crushed. — Fate  of  Eunus. — Increase  of  Slaves  in  Rome. — Their  employment 
in  the  arts. — Numbers  trained  for  the  Amphitheatre. — The  Gladiators  rebel. — Sparta- 
cus,  his  history. — Laws  passed  to  restrain  the  cruelty  of  masters. — Effects  of  Christi 
anity  on  their  condition. — Their  numbers  increased  by  the  invasion  of  northern  hordes. 
— Sale  of  prisoners  of  war  into  slavery. — Slave-dealers  follow  the  armies. — Foreign 
Slave  trade. — Slave  auctions. — The  Slave  markets. — Value  of  Slaves  at  different  peri 
ods. — Slaves  owned  by  the  State,  and  their  condition  and  occupations. — Private  Slaves, 
their  grades  and  occupations. — Treatment  of  Slaves,  public  and  private. — Punishment 
of  offenses. — Fugitives  and  Criminals. — Festival  of  Saturnus,  their  privileges. — Their 
dress. — Their  sepulchres. — The  Gladiators,  their  combats. 

gj 

O  LAVES  existed  at  Rome  in  the  earliest  times  of  which  we  have  any  re 
cord  ;  but  they  do  not  appear  to  have  been  numerous  under  the  kings  and  in 
the  earliest  ages  of  the  Republic.  The  different  trades  and  the  mechanic  arts 
were  chiefly  carried  on  by  the  clients  of  the  patricians ;  and  the  small  farms 
in  the  country  were  cultivated  for  the  most  part  by  the  labors  of  the  proprie 
tor  and  of  his  family.  But  as  the  territories  of  the  Roman  state  were  extended, 
the  patricians  obtained  possession  of  large  estates  out  of  the  public  domain  ; 
since  it  was  a  practice  of  the  Romans  to  deprive  a  conquered  people  of  a  part 
of  their  lands.  These  estates  required  a  larger  number  of  hands  for  their  cul 
tivation  than  could  readily  be  obtained  among  the  free  population,  and  since 
the  freemen  were  constantly  liable  to  be  called  away  from  their  work  to  serve 
in  the  armies,  the  lands  began  to  be  cultivated  almost  entirely  by  slave  labor. 
Through  war  and  commerce,  slaves  could  be  obtained  easily,  and  at  a  cheap 
rate,  and  their  numbers  soon  became  so  great,  that  the  poorer  class  of  freemen 
was  thrown  almost  entirely  out  of  employment.  This  state  of  things  was  one 
of  the  chief  arguments  used  by  Licinius  and  the  Gracchi  for  limiting  the  quan 
tity  of  public  land  which  a  person  might  possess.  In  the  Licinian  Rogations 
there  was  a  provision  that  a  certain  number  of  freemen  should  be  employed  on 
every  estate.  This  regulation,  however,  was  of  little  avail,  as  the  lands  still 
continued  to  be  cultivated  almost  exclusively  by  slaves.  The  elder  Gracchus, 
in  traveling  through  Italy,  was  led  to  observe  the  evils  which  slavery  inflicted 
upon  the  provinces  of  his  country.  The  great  body  of  the  people  were  im 
poverished.  Instead  of  little  farms  studding  the  country  with  their  pleasant 
aspect,  and  nursing  an  independent  race,  he  beheld  nearly  all  the  lands  of 
Italy  monopolized  by  large  proprietors ;  and  the  plow  was  in  the  hands  of 
slaves.  This  was  one  hundred  and  thirty-four  years  before  the  Christian  era. 
The  palaces  of  the  wealthy  towered  in  solitary  grandeur :  the  freemen  hia 
themselves  in  miserable  hovels.  Deprived  of  the  dignity  of  proprietors,  they 


SLAVERY  IN    HOME. 

were  compelled  to  labor  in  competition  with  slaves  Excepting  with  the  im 
mensely  rich,  and  the  feeble  and  decreasing  class  of  independent  husbandmen, 
poverty  was  extreme.  This  state  of  things  existed  at  a  time  when  Rome  was 
considered  mistress  of  the  world,  and  the  rulers  of  Egypt  had  exalted  the  Ro 
mans  above  the  immortal  gods. 

In  the  latest  times  of  the  republic,  we  find  that  Julius  Caesar  attempted  a 
remedy,  to  some  extent,  by  enacting  that  of  those  persons  who  attended  to  cat 
tle,  a  third,  at  least,  should  be  freemen.  In  Sicily,  which  supplied  Rome  with 
so  great  a  quantity  of  corn,  the  number  of  agricultural  slaves  was  immense. 
The  oppressions  to  which  they  were  exposed,  drove  them  twice  to  rebellion, 
and  their  numbers  enabled  them  to  defy,  for  a  time,  the  Roman  power.  The 
first  of  these  servile  wars  began  in  B.  C.  134,  and  lasted  two  years ;  the  second 
commenced  thirty  years  later,  and  lasted  four  years.  The  Sicilians  treated 
their  slaves  with  extraordinary  rigor,  branding  them  like  cattle,  and  compell 
ing  them  to  toil  incessantly  for  their  masters.  The  history  of  the  revolt  offers 
numerous  points  of  resemblance  to  that  of  Chios,  already  related  ;  though  Eu- 
nus,  the  leader  of  the  Sicilian  slaves,  cannot  be  compared  with  Drimacos, 
either  for  character  or  abilities.  Eunus,  by  visions  and  pretended  prophecies, 
excited  the  slaves  to  insurrection ;  and  his  conduct,  and  that  of  his  followers, 
when  they  took  possession  of  the  city  of  Euna,  presented  a  striking  contrast 
to  the  moderation  of  the  Chian  slaves.  They  pillaged  the  houses,  and,  with 
out  distinction  of  age  or  sex,  slaughtered  the  inhabitants,  plucking  infants  from 
their  mother's  breasts,  and  dashing  them  on  the  ground.  The  number  of  the 
insurgents  at  one  time  amounted  to  60,000  men,  who,  armed  with  axes,  slings, 
stakes,  and  cooking  spits,  defeated  several  armies.  Pursuing  them,  however, 
without  relaxation,  the  state  at  length  prevailed,  utterly  crushed  the  insurrec 
tion,  and  carried  Eunus  a  prisoner  to  Rome,  where,  according  to  Plutarch,  he- 
was  devoured  by  vermin. 

Long  after  it  had  become  the  custom  to  employ  large  gangs  of  slaves  in  the 
cultivation  of  the  land,  the  number  of  those  who  served  as  personal  attendants 
was  very  small.  Persons  in  good  circumstances  seem  usually  to  have  had  only 
one  to  wait  upon  them,  who  was  generally  called  by  the  name  of  the  master. 
But  during  the  latter  times  of  the  republic  and  under  the  empire,  the  number 
of  domestic  slaves  greatly  increased,  and  in  every  family  of  importance  there 
were  separate  slaves  to  attend  to  all  the  duties  of  domestic  life.  It  was  con 
sidered  a  reproach  to  a  man  not  to  keep  a  considerable  number  of  slaves.  The 
first  question  asked  respecting  a  person's  fortune,  was  an  inquiry  as  to  the  num 
ber  of  his  slaves.  Horace  seems  to  speak  of  ten  slaves  as  the  lowest  number 
which  a  person  in  tolerable  circumstances  ought  to  keep.  The  immense  num 
ber  of  prisoners  taken  in  the  constant  wars  of  the  republic,  and  the  increase  of 
wealth  and  luxury,  augmented  the  number  of  slaves  to  a  prodigious  extent 
The  statement  of  Athenseus  that  very  many  Romans  possessed  10,000  and 
20,000  slaves,  and  even  more,  is  probably  an  exaggeration ;  but  a  freedman 
under  Augustus,  who  had  lost  much  property  in  the  civil  wars,  left  at  his  death 


4b  SLAVERY  IN   ROME. 

as  many  as  4,116.*  Two  hundred  was  no  uncommon  number  for  a  person  to 
keep.f 

The  mechanic  arts,  which  were  formerly  in  the  hands  of  the  clients,  were 
now  entirely  exercised  by  slaves  :  J  a  natural  growth  of  things,  for  where  slaves 
perform  certain  labors,  such  labor  will  be  thought  degrading  to  freemen.  The 
games  of  the  amphitheatre  required  an  immense  number  of  slaves  trained  for 
the  purpose.  Like  the  slaves  in  Sicily,  the  Gladiators  of  Italy  rose  in  rebel 
lion  against  their  oppressors,  ||  and  under  the  able  generalship  of  Spartacus, 
defeated  a  Roman  consular  army,  and  were  not  subdued  until  after  a  struggle 
of  two  years,  and  when  60,000  of  them  had  fallen  in  battle. 

Spartacus  was  a  Thracian  by  birth,  and  had  been  compelled,  like  other  bar 
barians,  to  serve  in  the  Roman  army,  from  which  he  had  deserted,  and,  at  the 
head  of  a  body  of  chosen  companions,  had  carried  on  a  partisan  war  against 
the  conquerors.  Being  made  prisoner,  Spartacus  was  sold  as  a  slave  ;  and  his 
strength  and  size  caused  him  to  be  reserved  as  a  gladiator.  He  was  placed  in 
a  gladiatorial  school  at  Capua,  with  two  hundred  other  Thracian,  German  and 
Gaulish  slaves,  among  whom  a  conspiracy  was  formed  for  effecting  their  escape. 
Their  plot  was  discovered ;  but  a  small  body,  under  Spartacus,  broke  out,  and, 
having  procured  arms,  and  gained  some  advantages  over  the  Roman  forces 
sent  against  them,  they  were  soon  joined  by  the  slaves  and  peasantry  of  the 
neighborhood,  and  their  numbers  amounted  to  10,000  men.  By  the  courage  and 
skill  of  Spartacus,  several  considerable  battles  were  gained  ;  but  his  authority 
was  insufficient  to  restrain  the  ferocity  and  licentiousness  of  his  followers,  and 
the  cities  of  the  south  of  Italy  were  pillaged  with  the  most  revolting  atroci 
ties.  In  a  few  months,  Spartacus  found  himself  at  the  head  of  60,000  men; 
and  the  consuls  were  now  sent,  with  two  legions,  against  the  revolted  slaves. 
Mutual  jealousies  divided  the  leaders  of  the  latter,  and  the  Gauls  and  Ger 
mans  formed  a  separate  body  under  their  own  leaders,  while  the  Thracians  and 
Lucanians  adhered  to  Spartacus.  The  former  were  defeated ;  but  Spartacus 
skillfully  covered  their  retreat,  and  successively  defeated  the  two  consuls. 
Flushed  with  success,  his  followers  demanded  to  be  led  against  Rome ;  and 
the  city  trembled  before  the  servile  forces.  In  this  crisis,  Licinius  Cras- 
sus,  who  was  afterwards  a  triumvir,  was  placed  at  the  head  of  the  army.  His 
lieutenant,  Mummius,  whom  he  dispatched  with  two  legions  to  watch  the  mo 
tions  of  the  enemy,  was  defeated  by  a  superior  force,  and  slain.  Crassus,  after 
having  made  an  example  of  the"  defeated  legions,  by  executing  every  tenth 
man,  surrounded  Spartacus,  near  Rhegium,  with  a  ditch  six  miles  in  length. 
Spartacus  broke  through  the  enemy  by  night ;  but  Crassus,  who  did  not  doubt 
that  he  would  march  upon'  Rome,  pursued  him,  and  defeated  a  considerable 
part  of  his  forces,  who  had  abandoned  their  general  from  disaffection.  Spar 
tacus  now  retreated ;  but  his  followers  compelled  him  to  lead  them  against  the 


*  Pliny,     f  Horace,     t  Cicero.     ||  B.  C.  73  years. 


m 

49 

Romans.  His  soldiers  fought  with  a  courage  deserving  success  ;  but  they  were 
overcome,  after  an  obstinate  conflict,  and  Spartacus  himself  fell  fighting  on  his 
knees,  upon  a  heap  of  his  slain  enemies.  According  to  the  Roman  statements, 
60,000  rebels  fell  in  this  battle,  6000  were  made  prisoners,  and  crucified  on  the 
Appian  way.  A  considerable  number  escaped,  and  continued  the  war,  but 
were  finally  destroyed  by  Pompey. 

Under  the  empire  various  enactments  were  made  to  restrain  the  cruelty  of 
masters  towards  their  slaves  ;  but  the  spread  of  Christianity  tended  most  t. 
ameliorate  their  condition,  though  the  possession  of  them  was  for  a  long  time 
by  no  means  condemned  as  contrary  to  Christian  justice.  The  Christian  writers, 
however,  inculcate  the  duty  of  acting  towards  them  as  we  would  be  acted  by  ; 
but  down  to  the  age  of  Theodosius,  wealthy  persons  still  continued  to  keep  as 
many  as  two  or  three  thousand.*  Justinian  did  much  to  promote  the  ultimate 
extinction  of  slavery  ;  but  the  number  of  slaves  was  again  increased  by  the 
invasion  of  the  northern  barbarians,  who  not  only  brought  with  them  their 
own  slaves,  who  were  chiefly  Sclavonians,  but  also  reduced  many  of  the  inhab 
itants  of  the  conquered  provinces  to  the  condition  of  slaves.  But  all  the 
various  classes  of  slaves  became  merged  in  the  course  of  time  into  the  serfs 
of  the  Middle  Ages. 

The  sources  from  which  the  Romans  obtained  slaves,  have  already  been 
noticed.  Under  the  republic  one  of  the  chief  supplies  was  prisoners  taken  in 
war,  who  were  sold  by  the  quaestorsf  with  a  crown  on  their  heads,  and 
usually  on  the  spot  where  they  were  taken,  as  the  care  of  a  large  number  of 
captives  was  inconvenient.  Consequently,  slave-dealers  generally  accompanied 
an  army,  and  frequently  after  a  great  battle  had  been  gained,  many  thousands 
were  sold  at  once,  when  the  slave-dealers  obtained  them  for  a  mere  trifle.  In 
the  camp  of  Lucullus  on  one  occasion,  slaves  were  sold  for  a  sum  equal  to 
about  eighty  cents  of  our  money. 

The  slave  trade  was  also  carried  on  to  a  great  extent,  and  after  the  fall  of 
Corinth  and  Carthage,  Delos  was  the  chief  mart  for  this  traffic.  When  the 
Cilician  pirates  had  possession  of  the  Mediterranean,  as  many  as  10,000  slave? 
are  said  to  have  been  imported  and  sold  there  in  one  day.|  A  large  number 
came  from  Thrace  and  the  countries  in  the  north  of  Europe,  but  the  chief  sup 
ply  was  from  Africa,  and  more  especially  Asia,  whence  we  read  of  Phyrgians, 
Lycians,  Cappadocians,  &c.,  as  slaves. 

The  trade  of  slave-dealers  was  considered  disreputable,  and  expressly  dis 
tinguished  from  that  of  merchants  ;  but  it  was  very  lucrative,  and  great  fortunes 
were  made  by  it.  The  slave-dealer  Thoranius,  who  lived  in  the  time  of  Augus 
tus,  was  a  well-known  character 

Slaves  were  usually  sold  by  auction  at  Rome  ;  and,  as  we  have  observed  of 
the  Greek  auctions,  they  were  conducted  very  much  like  those  of  our  southern 
cities.  They  were  placed  on  a  raised  stone,  or  table,  so  that  every  one  might 


*Chrysost.  vol.  vii,  633.        fPlaut.        J  Strab.  xiv,  668. 


* 

50  SLAVERY  IN  ROME. 

see  and  handle  them,  even  if  they  did  not  wish  to  purchase  them.  Purchasers 
took  care  to  have  them  stripped,  for  slave-dealers  had  recourse  to  as  many 
tricks  to  conceal  personal  defects,  as  a  horse-jockey  of  modern  times.  Some 
times  purchasers  called  in  the  advice  of  medical  men.  Slaves  of  great  beauty 
and  rarity  were  not  exhibited  to  public  gaze  in  the  slave  market,  but  were 
shown  to  purchasers  in  private.  Newly  imported  slaves  had  their  feet  whitened 
with  paint;*  and  those  that  came  from  the  East  had  their  ears  bored,  t 
which  was  a  sign  of  slavery  among  many  eastern  nations. 

The  slave  market,  like  all  other  markets,  was  under  the  jurisdiction  of  the 
aediles,  who  made  many  regulations,  by  edicts,  respecting  the  sale  of  slaves. 
The  character  of  the  slave  to  be  sold,  was  set  forth  on  a  scroll,  hanging  around 
his  neck,  which  was  a  warranty  to  the  purchaser ;  the  vendor  was  bound  to 
announce  fairly  all  his  defects,  and  if  he  gave  a  false  account,  had  to  take  him 
back,  any  time  within  six  months  after  he  was  sold,  or  make  up  to  the  pur 
chaser  what  the  latter  had  lost  by  obtaining  an  inferior  article  to  what  had 
been  warranted.  The  vendor  might,  however,  use  general  terms  of  commen 
dation  without  being  obliged  to  make  them  good.  The  chief  points  which  he 
had  to  warrant  was  the  health  of  the  slave,  especially  freedom  from  epilepsy, 
and  that  he  had  not  a  tendency  to  thieving,  running  away,  or  committing  sui 
cide.  The  nation  of  a  slave  was  considered  important,  and  had  to  be  set  forth 
by  the  vendor.  Slaves  sold  without  any  warranty,  wore  at  the  time  a  cap 
upon  their  head.  Slaves  newly  imported  were  generally  preferred  for  common 
work ;  those  who  had  served  long  were  considered  artful. 

The  value  of  slaves  depended  of  course  upon  their  qualifications ;  but  under 
the  empire,  the  increase  of  luxury,  and  the  corruption  of  morals,  led  purchasers 
to  pay  immense  sums  for  beautiful  slaves,  or  such  as  ministered  to  the  caprice 
or  whim  of  the  purchaser.  Martial  speaks  of  beautiful  boys  who  sold  for  as 
much  as  100,000  or  200,000  sesterces  each;  that  is,  from  4,000  to  8,000  dol 
lars.  A  morio,  or  fool,  sometimes  sold  for  20,000  sesterces.  Slaves  who 
possessed  a  knowledge  of  any  art  which  might  bring  in  profit  to  their  owners, 
also  sold  for  a  large  sum.  Thus  scribes  and  doctors  frequently  sold  high,  and 
also  slaves  fitted  for  the  stage,  as  we  see  from  Cicero's  speech  in  behalf  of 
Roscius.  A  class  of  female  slaves,  who  brought  in  gain  to  their  masters,  were 
also  dear.  The  price  of  a  good  ordinary  slave,  in  the  time  of  Horace,  was 
about  equal  to  ninety  dollars  of  our  money.  In  the  fourth  century,  a  slave, 
capable  of  bearing  arms,  was  valued  at  25  aurei,  (equal  in  weight  to  $125  in 
gold.)  In  the  time  of  Justinian,  the  legal  valuation  of  slaves  was  as  follows: 
common  slaves,  both  male  and  female,  were  valued  at  20  solidi,  (about  $100,) 
under  ten  years  of  age,  half  that  sum  ;  if  they  were  artificers,  they  were  worth 
fifty  per  cent,  more  ;  if  notarii,  (short  hand  writers),  they  were  worth  50  solidi; 
if  medical  men  or  midwives,  60.  Female  slaves,  unless  possessed  of  personal 
attractions,  were  generally  cheaper  than  males.  Under  the  republic,  and  in 

~  — ^ 

*  Pliny.  t  Juvenal. 


SLAVERY  IN  KOME.  51 

the  early  days  of  the  empire,  it  was  found  cheaper  to  purchase  than  to  breed 
slaves. 

Slaves  were  divided  into  many  various  classes :  the  first  division  was  into 
public  and  private.  The  former  belonged  to  the  state  and  public  bodies,  and 
their  condition  was  preferable  to  that  of  the  common  slaves.  They  were  less 
liable  to  be  sold,  and  under  less  control  than  ordinary  slaves.  They  also 
possessed  the  capacity  to  make  a  valid  will,  to  the  extent  of  one-half  of  their 
property,  which  shows  they  were  regarded  in  a  different  light  from  other  slave. . 
Scipio,  therefore,  on  the  taking  of  Nova  Carthage,  promised  2000  artisans, 
who  were  taken  prisoners,  and  were  consequently  liable  to  be  sold  as  common 
slaves,  that  they  shoald  become  public  slaves  of  the  Roman  people,  with  the 
nope  of  speedy  manumission,  if  they  assisted  him  in  the  war.*  Public  slaves 
were  employed  to  take  care  of  the  public  buildings,  and  to  attend  upon  magis 
trates  and  priests.  Thus  the  aediles  and  quaestors  had  great  numbers  of  public 
slaves  at  their  command,  as  had  also  the  triumviri  nocturni,  who  employed 
them  to  extinguish  fires  by  night.  They  were  also  employed  as  lictors,  jailors, 
executioners,  watermen,  &c. 

A  body  of  slaves  belonging  to  one  person  was  called  familia.  Private 
slaves  were  divided  into  urban  and  rustic ;  but  the  name  of  urban  was  given 
to  those  slaves  who  served  in  the  villa,  or  country  residence,  as  well  as  in  the 
town  house.  When  there  was  a  large  number  of  slaves  in  one  house,  they 
were  arranged  in  certain  classes,  which  held  a  higher  or  lower  rank  according 
to  the  nature  of  their  occupation. 

The  ordinarii  seem  to  have  been  those  slaves  who  had  the  superintendence 
of  house-keeping.  They  were  always  chosen  from  those  who  had  the  confi 
dence  of  their  masters,  and  they  generally  had  certain  slaves  under  them. 
They  were  the  stewards  and  butlers.  The  vulgares  included  the  great  body  of 
slaves  in  a  house  who  had  to  attend  to  any  particular  duty,  and  to  minister  to 
the  domestic  wants  of  their  master.  These  were  the  bakers,  cooks,  confec 
tioners,  porters,  bed-chamber  slaves  and  litter  bearers.  The  literati,  or  lite 
rary  slaves,  were  used  for  various  purposes  by  their  masters,  either  as  readers, 
copyists  or  amanuenses. 

The  treatment  of  slaves  varied  of  course  according  to  the  dispositions  of 
their  masters;  but  they  appear  upon  the  whole  to  have  been  treated  with 
greater  severity  and  cruelty  than  among  the  Athenians.  Originally,  the  mas 
ter  could  use  the  slave  as  he  pleased :  under  the  republic,  the  law  does  not 
seem  to  have  protected  the  person  or  life  of  the  slave  at  all ;  but  the  cruelty 
of  masters  was  to  some  extent  restrained  under  the  empire.  The  general 
treatment  of  slaves,  however,  was  probably  little  affected  by  legislative  enact 
ments.  In  early  times,  when  the  number  of  slaves  was  small,  they  were 
treated  with  more  indulgence,  and  more  like  members  of  the  family.  They 


*Livy,  xxvi,  47. 


52  SLAVERY  IN  ROME. 

joined  their  masters  in  offering  up  thanksgivings  and  prayer  to  the  gods,* 
and  partook  of  their  meals  in  common  with  their  masters,  f  though  not  at  the 
same  table  with  them,  but  upon  benches  placed  at  the  foot  of  the  couch.  But 
with  the  increase  of  numbers,  and  of  luxury  among  the  masters,  the  ancient 
simplicity  of  manners  was  changed.  A  certain  quantity  of  food  was  allowed 
them,  which  was  granted  either  monthly  or  daily.  Their  chief  food  was  the 
grain  called  /or,  of  which  the  allowance  was  about  one  quart  per  day.  They 
also  had  an  allowance  of  salt  and  oil.  Meat  seems  to  have  been  hardly  ever 
given  them. 

Under  the  republic,  they  were  not  allowed  to  serve  in  the  army ;  though 
after  the  battle  of  Cana3,  when  the  state  was  in  such  imminent  danger,  8000 
slaves  were  purchased  by  the  state  for  the  army,  and  subsequently  manumitted 
on  account  of  their  bravery.  J 

The  offenses  of  slaves  were  punished  with  severity,  and  frequently  with  the 
utmost  barbarity.  One  of  the  mildest  punishments  was  that  of  degrading 
them  in  rank,  and  obliging  them  to  work  in  fetters.  They  were  frequently 
beaten  with  sticks  or  scourged  with  the  whip;  but  these  were  such  every-day 
punishments  that  many  slaves  ceased  to  care  for  them. 

Runaway  slaves  (fugitivi)  and  thieves  were  branded  on  the  forehead  with 
a  mark.  Slaves  were  also  punished  by  being  hung  up  by  their  hands,  with 
weights  attached  to  their  feet,  or  by  being  sent  to  the  ergastulum,  or  private 
prison,  to  work  in  chains.  The  toilet  of  the  Roman  ladies  was  a  dreadful 
ordeal  to  the  female  slaves,  who  were  often  barbarously  punished  by  their  mis 
tresses  for  the  slightest  mistake  in  the  arrangement  of  the  hair  or  a  part  of  the 
dress.  Masters  might  work  their  slaves  as  many  hours  in  the  day  as  they 
pleased,  but  they  usually  allowed  them  holidays  on  the  public  festivals.  At 
the  festival  of  Saturnus,  in  particular,  special  indulgences  were  granted  to  all 
slaves.  This  festival  fell  towards  the  end  of  December,  at  the  season  when 
the  agricultural  labors  of  the  year  were  fully  completed.  It  was  celebrated 
in  ancient  times  by  the  rustic  population  as  a  sort  of  joyous  harvest  home,  and 
in  every  age  was  viewed  by  all  classes  of  the  community  as  a  period  of  absolute 
relaxation  and  unrestrained  merriment.  During  its  continuance  no  public 
business  could  be  transacted ;  the  law  courts  were  closed ;  the  schools  kept 
holiday ;  to  commence  a  war  was  impious ;  to  punish  a  malefactor  involved 
pollution.  Special  indulgences  were  granted  to  the  slaves  of  each  domestic 
establishment ;  they  were  relieved  from  all  ordinary  toils,  were  permitted  to 
wear  the  badge  of  freedom,  were  granted  full  freedom  of  speech,  partook  of  a 
banquet  attired  in  the  clothes  of  their  masters,  who  waited  upon  them  at 
table.  || 

There  was  no  distinctive  dress  for  slaves.  It  was  once  proposed  in  the  Sen 
ate  to  give  slaves  a  distinctive  costume,  but  it  was  rejected,  as  it  was  considered 

*  Horace.  f  Plutarch.  t  Liyy,  xxii,  57 ;  xxiv  14,  16. 

D  Macrob.:     Dion  Cass.:     Horace:    Martial. 


SLAVERY   IN  ROME.  53 

dangerous  to  show  them  their  numbers.  Male  slaves  were  not  allowed  to  wear 
the  toga  or  bulla,  nor  females  the  stola,  but  otherwise  they  were  dressed  nearly 
in  the  same  way  as  poor  people,  in  clothes  of  a  dark  color  and  slippers. 

Gibbon  estimates  the  population  of  the  Roman  empire  in  the  time  of  Clau 
dius  at  one  hundred  and  twenty  millions  :  sixty  millions  of  freemen  and  sixty 
millions  of  slaves.  The  proportion  of  slaves  was  much  larger  in  Italy  than  in 
the  provinces,  according  to  Milman.  Robertson  states  that  there  were  twice 
as  many  slaves  as  free  citizens,  and  Blair  estimates  three  slaves  to  one  freeman, 
between  the  conquest  of  Greece,  B.  C.  146,  and  the  reign  of  Alexander  Severus, 
A.  D.  222,  235.  Milman  is  inclined  to  "  adopt  the  more  cautious  suggestions 
of  Gibbon." 

As  the  Romans  regarded  slavery  as  an  institution  of  society,  death  was  con 
sidered  to  put  an  end  to  the  distinction  between  slaves  and  freemen.  Slaves 
were  sometimes  even  buried  with  their  masters,  and  we  find  funeral  inscriptions 
addressed  to  the  Dii  Manes  of  slaves.  In  1726  the  burial  vaults  of  the  slaves 
belonging  to  Augustus  and  Li  via  were  discovered  near  the  Appian  Way,  where 
numerous  inscriptions  were  found,  which  give  us  considerable  information  re 
specting  the  different  classes  of  slaves  and  their  various  occupations.  Other 
sepulchres  of  the  same  time  have  been  discovered  in  the  neighborhood  of 
Rome. 

We  have  already  referred  to  the  immense  number  of  slaves  trained  for  gladi 
ators.  A  more  particular  description  of  this  class  will,  be  interesting  to  the 
general  reader,  and  will  serve  to  elucidate  the  manners,  customs  and  morals  of 
their  masters.  The  gladiators,  however,  were  not  all  slaves.  The  term  is 
applied  to  the  combatants  who  fought  in  the  amphitheatre  and  other  places, 
for  the  amusement  of  the  Roman  people.  They  are  said  to  have  been  first 
exhibited  by  the  Etruscans,  and  to  have  had  their  origin  in  the  custom  of  kill 
ing  slaves  and  captives  at  the  funeral  pyres  of  the  deceased.  A  show  of  glad 
iators  was  called  munus,  and  the  person  who  exhibited  it,  editor,  or  munerator, 
who  was  honored  during  the  day  of  exhibition,  if  a  private  person,  with  the 
insignia  of  a  magistrate. 

Gladiators  were  first  exhibited  at  Rome  in  B.  C.  264,  in  the  Forum  Boarium. 
by  Marcus  and  Decimus  Brutus,  at  the  funeral  of  their  father.  They  were  at 
first  confined  to  public  funerals,  but  afterwards  fought  at  the  funerals  of  most 
persons  of  consequence,  and  even  at  those  of  women.  Private  persons  some 
times  left  a  sum  of  money  in  their  will  to  pay  the  expenses  of  such  an  exhibition 
at  their  funerals.  Combats  of  gladiators  were  also  exhibited  at  entertainments, 
and  especially  at  public  festivals  by  the  sediles  and  other  magistrates,  who 
sometimes  exhibited  immense  numbers  with  a  view  of  pleasing  the  people. 
Under  the  empire  the  passions  of  the  Romans  for  this  amusement  rose  to  its 
greatest  height,  and  the  number  of  gladiators  who  fought  on  some  occasions 
appears  almost  incredible.  After  Trajan's  triumph  over  the  Dacians,  there  were 
more  than  10,000  exhibited.* 

*  Dion  Cass.  lxviii,15. 


54  SLAVERY   IN   ROME. 

Gladiators  consisted  either  of  captives,  slaves  and  condemned  malefactors, 
or  of  free  born  citizens  who  fought  voluntarily.  Of  those  who  were  condemned, 
some  wei'e  said  to  be  condemned  ad  gladium,  in  which  case  they  were  obliged 
to  be  killed  within  a  year ,  and  others  ad  ludum,  who  might  obtain  their  dis 
charge  at  the  end  of  three  years.  Freemen,  who  became  gladiators  for  hire, 
were  called  auctorati.  Even  under  the  republic,  free  born  citizens  fought  as 
gladiators,  but  they  appear  to  have  belonged  only  to  the  lower  orders.  Under 
the  empire,  however,  both  equites  and  senators  fought  in  the  arena ;  and  even 
women,  which  was  at  length  forbidden  in  the  time  of  Severus.  Gladiators 
were  kept  in  schools,  where  they  were  trained  by  persons  called  lanistce.  They 
sometimes  were  the  property  of  the  lanistae,  who  let  them  out  to  persons  who 
wished  to  exhibit  a  show  of  gladiators ;  but  at  other  times  belonged  to  citi 
zens,  who  kept  them  for  the  purpose  of  exhibition,  and  engaged  lanistae  to 
instruct  them.  The  superintendence  of  the  schools  which  belonged  to  the 
emperors,  was  intrusted  to  a  person  of  high  rank,  called  curator  or  procurator. 
The  gladiators  fought  in  these  schools  with  wooden  swords.  Great  attention 
was  paid  to  their  diet,  in  order  to  increase  the  strength  of  their  bodies.  They 
were  fed  with  nourishing  food ;  and  a  great  number  were  trained  at  Ravenna 
on  account  of  the  salubrity  of  the  place. 

The  person  who  was  to  exhibit  a  show  of  gladiators,  published  bills  contain 
ing  the  numbers  and  sometimes  the  names  of  those  who  were  to  fight.  When 
the  day  came,  they  were  led  along  the  arena  in  procession,  and  matched  by 
pairs ;  and  their  swords  were  examined  by  the  exhibitor  to  see  if  they  were 
sufficiently  sharp.  At  first  there  was  a  kind  of  sham  battle,  called  prelusio, 
in  which  they  fought  with  wooden  swords  ;  and  afterwards,  at  the  sound  of  the 
trumpet,  the  real  battle  began.  When  a  gladiator  was  wounded,  the  people 
called  out  habet,  or  hoc  habet ;  and  the  one  who  was  vanquished,  lowered  his 
arms  in  token  of  submission.  His  fate,  however,  depended  upon'  the  audience, 
who  pressed  down  their  thumbs  if  they  wished  him  to  be  saved,  and  turned  them 
up  if  they  wished  him  to  be  killed,  and  ordered  him  to  receive  the  fatal  sword, 
which  they  usually  did  with  the  greatest  firmness.  If  the  life  of  a  vanquished 
gladiator  was  spared,  he  obtained  his  discharge  for  that  day.  In  some  exhibi 
tions,  the  lives  of  the  conquered  were  never  spared ;  but  this  kind  was  forbid 
den  by  Augustus. 

Palms  were  given  to  the  victorious ;  money  was  also  sometimes  given.  Old 
gladiators,  and  sometimes  those  who  had  fought  only  for  a  short  time,  were  dis 
charged  from  the  service  by  the  editor  at  the  request  of  the  people,  who  pre 
sented  each  of  them  with  a  wooden  sword.  If  a  person  was  free  before  he 
entered  the  school,  he  became  free  again  on  his  discharge ;  if  he  was  a  slave, 
he  became  a  slave  again.  A  man,  however,  who  had  voluntarily  become  a  gla 
diator,  was  always  considered  to  have  disgraced  himself;  and  consequently  it 
appears  he  could  not  attain  the  equestrian  ranks,  if  he  afterwards  acquired 
sufficient  property  to  entitle  him  to  it. 

Shows  of  gladiators  were  abolished  by  Constantino,  but  appear,  notwitb- 


SLAVERY  IN  ROME.  55 

standing,  to  have  been  generally  exhibited  until  the  time  of  Honorius,  by  whom 
they  were  finally  suppressed. 

Gladiators  were  divided  into  different  classes,  according  to  their  arms  and 
different  mode  of  fighting,  and  other  circumstances.  One  class  wore  helmets 
without  any  aperture  for  the  eyes,  so  that  they  were  obliged  to  fight  blindfold, 
and  thus  excited  the  mirth  of  the  spectators ;  another  class  fought  with  two 
swords ;  another  on  horseback ;  another  from  chariots,  like  the  Gauls  and  Brit 
ons.  The  laqueators  used  a  noose  to  catch  their  adversaries.  The  meridiani 
fought  in  the  middle  of  the  day,  after  the  combats  with  the  wild  beasts  in 
the  morning.  The  retiarii  carried  only  a  three-pointed  lance,  and  a  net,  which 
they  endeavored  to  throw  over  their  adversaries,  and  then  attack  them  with  the 
trident  while  they  were  entangled.  If  he  missed  his  aim  in  throwing  the  net, 
he  fled  and  endeavored  to  prepare  his  net  for  another  cast,  while  his  adversary 
followed  him  round  the  arena  in  order  to  kill  him  before  he  could  make  a  sec 
ond  attempt.  The  Thraces  were  armed  with  a  round  shield,  and  a  short  sword 
or  dagger.  When  a  gladiator  was  killed,  the  attendants,  appointed  for  the 
purpose,  dragged  the  body  out  of  the  arena  with  iron  hooks. 


CHAPTER    V. 

SLAVERY  IN  ROME. — CONTINUED. 

Abstract  of  the  laws  in  regard  to  Slavery. — Power  of  Life  and  Death. — Cruelty  of  Mas 
ters. — Laws  to  protect  the  Slave. — Constitution  of  Antoninus  :  of  Claudius. — Husband 
and  Wife  could  not  be  separated  ;  nor  parents  and  children. — Slave  could  not  contract 
marriage,  nor  own  property. — His  peculium,  or  private  property,  held  only  by  usage. 
— Regulations  in  respect  to  it. — Master  liable  for  damages  for  wrongful  acts  of  his  Slave. 
— -The  murderer  of  a  slave,  liable  for  a  capital  offense,  or  for  damages. — Fugitive  Slaves, 
not  lawfully  harbored ;  to  conceal  them,  theft. — Master  entitled  to  pursue  them. — Du 
ties  of  the  authorities. — Slave  hunters. — Laws  defining  the  condition  of  children  born 
of  Slaves. — Laws  to  reduce  free  persons  to  Slavery. — How  the  state  of  Slavery  might 
be  terminated  ;  by  manumission  ;  by  special  enactments  ;  what  Slaves  entitled  to  free 
dom. — Practice  of  giving  liberty  to  Slaves  in  times  of  civil  tumult  and  revolution. — 
Effects  of  Slavery  under  the  Republic,  and  under  the  Empire. 


E  now  proceed  to  give  an  abstract  of  the  laws  in  regard  to  Slavery.  Ac 
cording  to  the  strict  principles  of  the  Roman  law,  it  was  a  consequence  of  the 
relation  of  master  and  slave,  that  the  master  could  treat  the  slave  as  he  pleased ; 
he  could  sell  him,  punish  him,  or  put  him  to  death.  Positive  morality,  however, 
and  the  social  intercourse  that  must  always  subsist  between  a  master  and  the 
slaves  who  are  immediately  about  him,  ameliorated  the  condition  of  slavery. 
Still,  we  read  of  acts  of  great  cruelty  committed  by  masters  in  the  later  re 
publican  and  earlier  imperial  periods,  and  the  Lex  Petronia  was  enacted  in 
order  to  protect  the  slave.  The  original  power  of  life  and  death  over  a  slave, 


00  SLAVERY   IN   ROME. 

was  limited  by  a  constitution  of  Antoninus,  which  enacted,  that,  if  a  man  put 
his  slave  to  death  without  sufficient  reason,  he  was  liable  to  the  same  penalty 
as  if  he  had  killed  another  man's  slave.  The  same  constitution  also  prohibited 
the  cruel  treatment  of  slaves  by  their  masters,  by  enacting  that,  if  the  cruelty  of 
the  master  was  intolerable,  he  might  be  compelled  to  sell  the  slave ;  and  the 
slave  was  empowered  to  make  his  complaint  to  the  proper  authority.  A  con 
stitution  of  Claudius  enacted,  that  if  a  man  exposed  his  slaves,  who  were 
iulirm,  they  should  become  free ;  and  the  constitution  also  declared,  that  if 
they  were  put  to  death,  the  act  should  be  murder.  It  was  also  enacted,  that 
in  sales  or  division  of  property,  slaves,  such  as  husband  and  wife,  parents  and 
children,  brothers  and  sisters,  should  not  be  separated.* 

A  slave  could  hot  contract  a  marriage,  and  no  legal  relation  between  a 
father  and  his  children  was  recognized.  Still  nearness  of  blood  was  considered 
an  impediment  to  marriage  after  manumission :  thus,  a  manumitted  slave  could 
not  marry  his  manumitted  sister. 

A  slave  could  have  no  property.  He  was  not  incapable  of  acquiring  pro 
perty,  but  his  acquisitions  belonged  to  his  master ;  which  Galus  considers  to 
be  a  rule  of  the  Jus  Gentium,  that  is,  "  the  law  which  natural  reason  has  es 
tablished  among  all  mankind."  Slaves  were  not  only  employed  in  the  usual 
domestic  offices  and  in  the  labors  of  the  field,  but  also  as  factors  or  agents  for 
their  masters  in  the  management  of  business,  and  as  mechanics,  artisans,  and 
in  every  branch  of  industry.  It  may  be  easily  conceived,  that  under  these  cir 
cumstances,  especially  as  they  were  often  intrusted  with  property  to  a  large 
amount,  there  must  have  arisen  a  practice  of  allowing  the  slave  to  consider 
a  part  of  his  gains  as  his  own.  This  was  his  "  peculium ;  "  according  to  strict 
law,  this  was  the  property  of  the  master,  but  according  to  usage,  it  was  con 
sidered  the  property  of  the  slave.  Sometimes  it  was  agreed  between  master 
and  slave,  that  the  slave  should  purchase  his  freedom  with  his  peculium,  when 
it  amounted  to  a  certain  sum.  If  a  slave  was  manumitted  by  the  owner  in  his 
life-time,  the  peculium  was  considered  to  be  given  with  the  liberty,  unless  it 
was  expressly  retained.  Transactions  of  borrowing  and  lending  could  take 
place  between  the  master  and  slave  with  respect  to  the  peculium,  though  no 
right  of  action  arose  on  either  side  out  of  such  dealings.  In  case  of  the  claim 
of  creditors  on  the  slave's  peculium,  the  debt  of  the  slave  to  the  master  was 
first  taken  into  the  account,  and  deducted  from  the  peculium.  The  master  was 
only  bound  by  the  acts  and  dealings  of  the  slave,  when  the  slave  was  employed 
as  his  agent  or  instrument. 

It  is  a  consequence  of  the  relation  of  slave  and  master,  that  the  master 
acquired  no  rights  against  the  slave  in  consequence  of  his  wrongful  acts. 
Other  persohs  might  obtain  rights  against  a  slave  in  consequence  of  his  crimes, 
but  their  right  could  not  be  prosecuted  by  action  until  the  slave  was  manumit- 



*Cod.,  3,  title  38,  s.  11. 


SLAVERY   IN   ROME.  57 


ted.  They  had,  however,  a  right  of  action  against  the  slave's  master  for  dam 
ages,  and  if  the  master  would  not  pay  the  damages,  he  must  give  up  the  slave. 
The  slave  was  protected  against  injury  from  other  persons.  If  the  slave  was 
killed,  the  master  might  either  prosecute  the  killer  for  a  capital  offense,  or  sue 
for  damages.  The  master  had  an  action  against  those  who  corrupted  his  slave, 
and  led  him  into  bad  practices,  and  could  recover  twice  the  amount  of  the  es 
timated  damage.  The  female  slaves  were  protected  by  the  master's  right  of 
action. 

A  fugitive  slave  conld  not  lawfully  be  received  or  harbored ;  to  conceal  him 
was  theft.  The  master  was  entitled  to  pursue  him  wherever  he  pleased ;  and 
it  was  the  duty  of  all  authorities  to  give  him  aid  in  recovering  his  slave.  It 
was  the  object  of  various  laws  to  check  the  running  away  of  slaves  in  every 
way,  and,  accordingly,  a  runaway  slave  could  not  legally  be  an  object  of  sale. 
A  class  of  persons  made  it  a  business  to  capture  fugitive  slaves.  The  rights 
of  the  master  over  the  slave  were  in  no  way  affected  by  his  running  away. 

A  person  was  born  a  slave  whose  mother  was  a  slave  at  the  time  of  his 
birth.  At  a  later  period  the  rule  of  law  was  established,  that  though  a  woman 
at  the  time  of  the  birth  might  be  a  slave,  still  her  child  was  free,  if  the  mother 
had  been  free  at  any  time  within  the  nine  months  preceding  the  birth.  In 
the  cases  of  children  who  were  the  offspring  of  a  free  parent  and  a  slave, 
positive  law  provided  whether  the  children  should  be  free  or  slaves. 

A  person  became  a  slave  by  capture  in  war,  (also  jure  gentium.)  Captives 
were  sold,  as  belonging  to  the  public  treasury,  or  distributed  among  the  sol 
diers  by  lot.  A  free  person  might  become  a  slave  in  various  ways,  in  conse 
quence  of  positive  law,  (jure  civili).  This  was  the  case  with  those  who 
refused  or  neglected  to  be  registered  in  the  census,  and  those  who  evaded 
military  service.  In  certain  cases  a  man  became  a  slave,  if  he  allowed  himself 
to  be  sold  as  such  in  order  to  defraud  the  purchaser. 

Under  the  empire  the  rule  was  established,  that  persons  condemned  to 
death,  to  the  mines,  and  to  fight  with  wild  beasta,  lost  their  freedom,  and  their 
property  was  confiscated.  But  this  was  not  the  earlier  law.  A  freedman  who 
misconducted  himself  towards  his  patron,  was  reduced  to  his  former  state  of 
slavery. 

The  state  of  slavery  was  terminated  by  manumission.  It  was  also  termi 
nated  by  various  positive  enactments,  either  by  way  of  reward  to  the  slave  or 
punishment  to  the  master.  Freedom  was  given  to  slaves  who  discovered  the 
perpetrators  of  certain  crimes.  After  the  establishment  of  Christianity,  liberty 
might  be  acquired,  subject  to  certain  limitations,  by  becoming  a  monk  or  a 
spiritual  person ;  but  if  the  person  left  his  monastery  for  a  secular  life,  or 
rambled  about  in  the  towns  or  the  country,  he  might  be  reduced  to  his  former 
servile  condition. 

In  times  of  revolution  under  the  republic,  it  was  not  unusual  to  proclaim  the 
liberty  of  slaves  to  induce  them  to  join  in  revolt ;  but  these  were  irregular 
proceedings,  and  neither  justifiable  nor  examples  for  imitation.  Lord  Dun- 


58  SLAVERY    IN   ROME. 

j 
more,  the  last  British  governor  of  Virginia,  at  the  commencement  of  the 

American  Revolution,  followed  this  example. 

We  have  now  exhibited  to  the  reader  the  principal  features  of  slavery  in 
Rome.  We  have  seen  the  origin,  numbers  and  condition  of  the  slaves,  their 
treatment,  and  the  laws  that  governed  them.  We  have  seen  the  general  prev 
alence  of  the  institution,  but  not  its  effects  upon  the  Romans  themselves,  and 
upon  many  of  the  prominent  events  of  their  history.  To  such  as  may  feel  in 
terested  in  this  branch  of  the  subject,  we  present  the  views  of  an  able  writer 
upon  the  Influence  of  Slavery  on  the  Revolutions  in  Rome.  We  have  already 
referred  to  the  condition  of  the  poorer  class  of  freemen  in  the  time  of  the  elder 
Gracchus.  The  writer  proceeds  : 

•  .•<>•:-  :/^  *-y-  ,-    Jfcsi.*,-  •':•?.  v.r.  y- 

'  Gracchus  found  the  inhabitants  of  the  Roman  State  divided  into  three  classes.  The 
few  wealthy  nobles  ;  the  many  indigent  citizens  ;  the  still  more  numerous  class  of  slaves. 
Reasoning  upon  the  subject,  he  perceived  that  it  was  slavery  which  crowded  the  poor 
freeman  out  of  employment,  and  barred  the  way  to  his  advancement.  It  was  the  aim 
of  Gracchus,  not  so  much  to  mend  the  condition  of  the  slaves,  as  to  lift  the  brood  of  idle 
persons  into  dignity ;  to  give  them  land,  to  put  the  plow  into  their  hands,  to  make  them 
industrious  and  useful,  and  so  to  repose  on  them  the  liberties  of  the  State.  He  resolved 
to  increase  the  number  of  landed  proprietors  ;  to  create  a  Roman  yeomanry.  This  was 
the  basis  of  his  radical  reform  ;  the  means  were  at  hand.  The  lands  of  Italy  were  of  two 
classes  ;  private  estates  and  the  public  domain.  With  private  estates  he  refused  to  inter 
fere.  The  public  domains,  even  though  they  had  been  usurped  by  the  patricians,  wore  to 
be  reclaimed  as  public  property,  and  to  be  appropriated  to  the  use  of  the  people,  under 
restrictions  which  should  prevent  their  future  concentration  in  the  hands  of  the  few. 
To  effect  this  object  required  no  new  order ;  the  proper  decree  was  already  engraved 
among  the  tablets  of  the  Roman  laws.  It  was  necessary  only  to  revive  the  law  of 
Lioinius,  which  had  slumbered  for  two  centuries  unrepealed. 

In  a  republic,  he  that  will  execute  great  designs,  must  act  with  an  organized  party. 
Gracchus  took  counsel  with  the  purest  men  of  Rome  ;  with  Appius  Claudius,  his  fatner 
in-law,  a  patrician  of  the  purest  blood ;  with  the  great  lawyer,  Mutiv  s  Scaevola,  a  man 
of  consular  dignity,  and  with  Crassus,  the  leader  of  the  priesthood ;  men  of  che  best 
learning  and  character,  of  unimpeachable  patriotism,  and  friends  to  the  new  reform. 
But  his  supporters  at  the  polls  could  be  none  other  than  the  common  people,  composed 
of  the  impoverished  citizens,  and  the  very  few  husbandmen  who  had  still  saved  some 
scanty  acres  from  the  grasp  of  the  aristocracy. 

The  people  rallied  to  the  support  of  their  champion ;  and  Gracchus,  being  elected 
their  tribune,  was  able  to  bring  forward  his  Agrarian  Law.  This  law,  relating  only  to  the 
public  domain,  was  distinguished  by  mitigating  clauses.  To  each  of  those  who  had 
occupied  the  land  without  a  right,  it  generously  left  five  hundred  acres ;  to  each  of 
their  minor  children,  two  hundred  and  fifty  more ;  and  it  also  promised  to  make  from 
the  public  treasury  further  remuneration  for  improvements.  To  every  needy  citizen  it 
probably  allotted  not  more  than  ten  acres.  Thus  it  was  designed  to  create  in  Italy  a 
yeomanry ;  instead  of  planters  and  slaves,  to  substitute  free  laborers ;  to  plant  liberty 
firmly  in  the  land ;  to  perpetuate  the  Roman  Commonwealth,  by  identifying  its  princi 
ples  with  the  culture  of  the  soil.  No  pursuit  is  more  worthy  of  freemen  than  agricul 
ture.  Gracchus  claimed  it  for  the  free. 

Philanthropy,  when  it  contemplates  a  slave-holding  country,  may  have  its  first  sym 
pathies  excited  for  the  slaves ;  but  it  is  narrow  benevolence  which  stops  there.  The 


SLAVERY    IN   ROME.  59 

indigent  freeman  is  in  a  worse  condition.  The  slave  has  his  task,  and  also  his  home 
and  his  bread.  He  is  the  member  of  a  wealthy  family.  The  indigent  freeman  has 
neither  labor,  nor  house,  nor  food ;  and,  divided  by  a  broad  gulf  from  the  upper  class, 
he  has  neither  hope  nor  ambition.  The  poor  freeman  claims  sympathy;  he  is  so  abject, 
that  often  even  the  slave  despises  him.  The  slave-holder  is  the  competitor  of  the  free 
laborer,  and  by  the  lease  of  slaves,  takes  the  bread  from  his  mouth.  The  wealthy  Cras- 
sus,  the  richest  man  in  Rome,  was  the  competitor  of  the  poorest  free  carpenter.  The 
Roman  patricians  took  away  the  business  of  the  sandal-maker.  The  existence  of  slavery 
made  the  opulent  owners  of  bondmen  the  rivals  of  the  poor ;  greedy  after  the  profits 
of  their  labor,  and  monopolizing  those  profits  through  their  slaves. 

The  laws  of  Gracchus  cut  the  patricians  with  a  double  edge.  Their  fortunes  consisted 
in  land  and  slaves ;  it  questioned  their  titles  to  the  public  land,  and  tended  to  force 
emancipation  by  making  their  slaves  a  burden.  In  taking  away  the  soil,  it  took  away 
the  power  that  kept  their  live  machinery  in  motion. 

The  moment  was  a  real  crisis  in  the  affairs  of  Rome ;  such  a  crisis  as  hardly  occurs  to 
a  nation  in  the  progress  of  many  centuries.  Men  are  in  the  habit  of  proscribing  Julius 
Caesar  as  the  destroyer  of  the  Commonwealth.  The  civil  wars,  the  revolutions  of  Caesar, 
the  miserable  vicissitudes  of  the  Roman  emperors,  the  avarice  of  the  nobles  and  the 
rabble,  the  crimes  of  the  forum  and  the  palace, — all  have  their  germ  in  the  ill  success 
of  the  reform  of  Gracchus. 

We  pass  over  the  proofs  of  moderation  which  the  man  of  the  people  exhibited,  by 
appearing  in  the  Senate,  where  he  had  hoped  to  obtain  from  the  justice  of  the  patricians 
some  reasonable  compromise.  The  attempt  of  the  aristocracy  to  check  all  procedures  in 
the  assembly  of  the  people,  by  instigating  another  tribune  to  interpose  his  veto,  was 
defeated  by  the  prompt  decision  of  the  people  to  depose  the  faithless  representative  ;  and 
the  final  success  of  Gracchus  seemed  established  by  the  unanimous  decision  of  the  com 
mons  in  favor  of  his  decree.  But  such  delays  had  been  created  by  his  opponents,  that 
the  year  of  his  tribuneship  was  nearly  passed ;  his  re-election  was  needed  in  order  to 
carry  his  decree  into  effect.  But  the  evil  in  Rome  was  already  too  deep  to  be  removed. 
The  election  day  for  tribunes  was  in  mid-summer ;  the  few  husbandmen,  the  only 
shadow  of  a  Roman  yeomanry,  were  busy  in  the  field,  gathering  their  crops,  and  failed 
to  come  to  the  support  of  their  champion.  He  was  left  to  rest  Ms  defense  on  the  rabble 
of  the  city;  and  though  early  in  the  morning  great  crowds  of  people  gathered  together ; 
and  though,  as  Gracchus  appeared  in  the  forum,  a  shout  of  joy  rent  the  skies,  and  was 
redoubled  as  he  ascended  the  steps  of  the  Capitol,  yet  when  the  aristocracy,  determined 
at  every  hazard  to  prevent  his  election,  came  with  the  whole  weight  of  their  adherents 
in  a  mass,  the  timid  flock,  yielding  to  the  sentiment  of  awe  rather  than  of  cowardice, 
fled  like  sheep  before  wolves,  and  left  their  defender,  the  incomparable  Gracchus,  to  be 
beaten  to  death  by  the  clubs  of  senators.  Three  hundred  of  his  more  faithful  friends 
were  left  lifeless  in  the  market-place.  In  the  fury  of  triumphant  passion,  the  corpse  of 
the  tribune  was  dragged  through  the  streets,  and  thrown  into  the  Tiber. 

The  deluded  aristocracy  raised  the  full  chorus  of  victory  and  joy.  They  believed  that 
the  Senate  had  routed  the  democracy ,  when  it  was  but  the  avenging  spirit  of  slavery, 
that  struck  the  first  deadly  wound  into  the  bosom  of  Rome» ' s*'  •*• 

The  murder  of  Gracchus  proved  the  weakness  of  the  senate ;  they  could  defeat  the 
people  only  by  violence.  But  the  blood  of  their  victim,  like  the  blood  of  other  martyrs, 
cemented  his  party.  It  was  impossible  to  carry  the  Agrarian  Law  into  execution ;  it 
was  equally  impossible  to  effect  its  repeal. 

Gracchus  had  interceded  for  the  unhappy  indigent  freeman,  whose  independence  was 
crushed  by  the  institution  of  slavery.  The  slaves  themselves  were  equally  sensible  of 
their-  wrongs ;  and  in  the  island  of  Sieily  they  resolved  on  an  insurrection.  Differing 


60  SLAVERY   IN  ROME. 

in  complexion,  in  language,  in  habits,  the  hope  of  liberty  amalgamated  the  heterogene 
ous  mass.  Eunus,  their  wise  leader,  in  the  spirit  of  the  East,  employed  the  power  of 
superstition  to  rally  the  degraded  serfs  to  his  banner,  and,  like  Mahomet,  pretended  a 
revelation  from  heaven.  Sicily  had  been  divided  into  a  few  great  plantations  ;  and  now 
the  voice  of  a  leader,  joining  the  fanaticism  of  religion  to  the  enthusiasm  for  freedom, 
with  the  hope  of  liberty  awakened  the  slaves,  not  in  Sicily  only,  but  in  Italy,  to  the  use 
of  arnv?  What  need  of  dwelling  on  the  horrors  of  a  servile  war  1  Cruel  overseers  were 
stabbed  with  pitchforks  ;  the  defenseless  were  cut  to  pieces  by  scythes  ;  tribunals,  hith 
erto  unheard  of,  were  established,  where  each  family  of  slaves  might  arraign  its  master, 
and,  counting  up  his  ferocities,  adjudge  punishment  for  every  remembered  wrong.  Well 
may  the  Roman  historian  blush  as  he  relates  the  disgraceful  tale.  Quis  aequo  animo 
ferat  in  principe  gentium  populo  bella  servorum  1  The  Romans  had  fought  their  allies, 
yet  had  fought  with  freemen ;  let  the  queen  of  nations  blush,  for  she  must  now  contend 
with  victorious  slaves.  Thrice,  nay,  four  times,  were  the  Roman  armies  defeated ;  the 
insurrection  spread  into  Italy ;  four  times  were  even  the  camps  of  Roman  praetors 
stormed  and  taken  ;  Roman  soldiers  became  the  captives  of  their  bondmen.  The  army 
of  the  slaves  increased  to  200,000.  It  is  said,  that  in  this  war  a  million  of  lives  were 
lost ;  the  statement  is  exaggerated ;  but  Sicily  suffered  more  from  the  devastations  of 
the  servile,  than  of  the  Carthaginian  war.  Twice  were  Roman  consuls  unsuccessful. 
At  length,  after  years  of  defeat,  the  benefits  of  discipline  gave  success  to  the  Roman 
forces.  The  last  garrison  of  the  last  citadel  of  the  slaves  disdained  to  surrender,  and 
could  no  longer  resist ;  they  escaped  the  ignominy  of  captivity  by  one  universal  suicide. 
The  conqueror  of  slaves,  a  new  thing  in  Rome,  returned  to  enjoy  the  honors  of  an 
ovation.  r 

The  object  of  Tiberius  Gracchus,  continued  by  his  eloquent  and  equally  unhappy 
brother,  who  moreover  was  the  enlightened  and  energetic  advocate  of  a  system  of  in 
ternal  improvement  in  Italy,  aimed  at  ameliorating  the  condition  of  the  indigent  free 
men.  The  great  servile  insurrection  was  designed  to  effect  the  emancipation  of  slaves  ; 
and  both  were  unsuccessful.  But  God  is  just  and  his  laws  are  invincible.  Slavery 
next  made  its  attack  directly  on  the  patricians,  and  following  the  order  of  Providence  in 
the  government  of  the  moral  world,  began  with  silent  but  sure  influence  to  corrupt  the 
virtue  of  families,  and  even  to  destroy  domestic  life.  It  is  a  well  ascertained  fact,  that 
slavery  diminishes  the  frequency  of  marriages  in  the  class  of  masters.  In  a  state 
where  emancipation  is  forbidden,  the  slave  population  will  perpetually  gain  upon  the 
numbers  of  the  free.  We  will  not  stop  to  develop  the  three  or  four  leading  causes  of 
this  result,  pride  and  the  habits  of  luxury,  the  facilities  of  licentious  indulgence,  the 
circumscribed  limits  of  productive  industry ;  some  of  which  causes  operate  exclusively, 
and  all  of  them  principally,  on  the  free.  The  position  is  certain  and  is  universal ;  no 
where  was  the  principle  more  amply  exemplified  than  in  Rome.  The  rich  slaveholders 
preferred  luxury  and  indulgence  to  marriage  ;  and  celibacy  became  so  general,  that  the 
aristocracy  was  obliged  by  law  to  favor  the  institution,  which,  in  a  society  where  all  are 
free,  constitutes  the  solace  of  lal>or  and  the  ornaniezit  of  life.  A  Roman  censor  could, 
in  a  public  address  to  the  people,  stigmatize  matrimony  as  a  troublesome  companion 
ship,  and  recommend  it  only  as  a  patriotic  sacrifice  of  private  pleasure  to  public  duty. 
The  depopulation  of  the  upper  class  was  so  considerable,  that  the  waste  required  to  be 
Supplied  by  emancipation ;  and  repeatedly  there  have  been  periods,  when  the  majority 
of  the  Romans  had  once  been  bondmen.  Emancipation  was  essential  to  the  preservation 
of  a  class  of  freemen,  who  might  serve  as  a  balance  to  the  slave  population.  It  was  this 
extensive  celibacy  and  the  consequent  want  of  succession,  that  gave  a  peculiar  character 
to  the  Roman  laws  relating  to  adoption. 

The  continued  and  increasing  deleterious  effects  of  slavery  on  Roman  institutions. 


SLAVERY    IN   ROME.  61 

may  bn  traced  through  the  changes  in  the  character  of  that  majority  of  the  citizens, 
whom  it  left  without  the  opportunity  or  the  fruits  of  industry.  Even  in  the  time  of  the 
younger  Gracchus,  they  retained  dignity  enough  to  hope  for  an  amelioration  of  their 
condition  by  the  action  of  laws,  and  the  exercise  of  their  own  franchises.  Failing  in 
this  end  through  the  firmness  of  the  nobles,  the  free  middling  class  was  entirely  de 
stroyed  ;  society  soon  became  divided  into  the  very  rich  and  the  very  poor ;  and  slave», 
who  performed  all  the  labor,  occupied  the  intermediate  position  between  the  two  clssae.?. 

The  first  step  in  the  progress  of  degradation  constituted  the  citizens,  by  their  own 
vote,  a  class  of  paupers.  They  called  on  the  state  to  feed  them  from  the  public  grana 
ries.  13ut  mark  the  difference  between  the  pauper  system  of  England,  or  America,  and 
that  of  Rome.  We  cheerfully  sustain  in  decent  competence  the  aged,  the  widow,  the 
cripple,  the  sick  and  the  orphan ;  Rome  supplied  the  great  body  of  her  citizens.  Eng 
land,  who  also  feeds  a  large  proportion  of  her  laboring  class,  entrusts  to  her  paupers  no 
elective  franchises.  Rome  fed  with  eleemosynary  corn  the  majority  of  her  citizens, 
who  retained,  even  in  their  condition  of  paupers,  the  privileges  of  electing  the  govern 
ment,  and  the  right  of  supreme,  ultimate  legislation.  Thus  besides  the  select  wealthy 
idlers,  here  was  a  new  class  of  idlers,  a  multitudinous  aristocracy,  having  no  estate  but 
their  citizenship,  no  inheritance  but  their  right  of  suffrage.  Both  were  a  burden  upon 
the  industry  of  the  slaves ;  the  senate  directly  from  the  revenues  of  their  plantations, 
the  commons  indirectly,  from  the  coffers  of  the  Commonwealth.  It  was  a  burden  greater 
than  the  fruits  of  slave  industry  could  bear ;  the  deficiency  was  supplied  by  the  plunder 
of  foreign  countries.  The  Romans,  as  a  nation,  became  an  accomplished  horde  of  robbers. 

This  first  step  was  ominous  enough ;  the  second  was  still  more  alarming.  A  dema 
gogue  appeared,  and  gaining  office,  and  the  conduct  of  a  war,  organized  these  pauper 
electors  into  a  regular  army.  The  demagogue  was  Marius  ;  the  movement  was  a  revo 
lution.  Hitherto  the  senate  had  exercised  an  exclusive  control  over  the  brute  force  of 
the  Commonwealth  ;  the  mob  was  now  armed  and  enrolled,  and  led  by  an  accomplished 
chieftain.  Both  parties  being  thus  possessed  of  great  physical  force,  the  civil  wars  be 
tween  the  wealthy  slaveholders  and  the  impoverished  freemen,  the  select  and  the  mul 
titudinous  aristocracy  of  Rome,  could  not  but  ensue.  Marius  and  Sylla  were  the  respective 
leaders  ;  the  streets  of  Rome  and  the  fields  of  Italy  became  the  scenes  of  massacre  ;  and 
the  oppressed  bondmen  had  the  satisfaction  of  beholding  the  jarring  parties,  in  the  na 
tion  which  had  enslaved  them,  shed  each  other's  blood  as  freely  as  water. 

This  was  not  all.  The  slaves  had  their  triumph.  Sylla  selected  ten  thousand  from 
their  number,  and  to  gain  influence  for  himself  at  the  polls,  conferred  on  them  freedom, 
and  the  elective  franchise. 

Of  the  two  great  leaders  of  the  opposite  factions,  it  has  been  asserted  that  Sylla  had  a 
distinct  purpose,  and  that  Marius  never  had.  The  remark  is  true,  and  the  reason  is 
obvious.  Sylla  was  the  organ  of  the  aristocracy;  to  the  party  which  already  possessed 
all  the  wealth,  he  desired  to  secure  all  the  political  power.  This  was  a  definite  object, 
and  in  one  sense  was  attainable.  Having  effected  a  revolution,  and  having  taken  ven 
geance  on  the  enemies  of  the  senate,  he  retired  from  office.  He  could  not  have  retained 
perpetual  authority ;  the  forms  of  the  ancient  republic  were  then  too  vigorous,  and  the 
party  on  which  he  rested  for  support,  would  not  have  tolerated  the  usurpation.  He 
established  the  supremacy  of  the  senate,  and  retired  into  private  life.  Marius,  as  the 
leader  of  the  people,  was  met  by  insuperable  difficulties.  The  existence  of  a  slave  pop 
ulation  rendered  it  impossible  to  elevate  the  character  of  his  indigent  constituents  ;  nor 
were  they  possessed  of  sufficient  energy  to  grasp  political  power  with  tenacity.  He  could 
therefore  only  embody  them  among  his  soldiers,  and  leave  the  issue  to  Providence.  His 
partisans  suffered  from  evils,  which  it  required  centuries  to  ripen  and  to  heal ;  Marius 
coiild  have  no  plan. 


0!i  SLAVERY   IN  EOME. 

v 

Thus  the  institution  of  slavery  had  been  the  ultimate  cause  of  two  political  revolu 
tions.  The  indigence  to  which  it  reduced  the  commons,  had  led  the  Gracchi  to  appear 
as  the  advocates  of  reform,  and  had  encouraged  Marius  to  become  their  military  leader. 
In  the  murder  of  the  former,  the  senate  had  displayed  their  success  in  exciting  mobs ; 
and  in  resistance  to  the  latter,  they  had  roused  up  a  defender  of  their  usurpations.  The 
slaves,  also,  who  had  found  in  Eumis  an  insurgent  leader,  were  now  near  obtaining  a 
liberator.  The  aristocracy  was  satisfied  with  its  triumphs ;  the  impoverished  majority, 
now  accustomed  to  their  abjectness,  made  only  the  additional  demand  of  amusements 
at  the  public  expense ;  and  were  also  ignobly  satisfied.  The  slaves  alone  murmured, 
and  in  Spartacus,  one  of  their  number,  they  found  a  man  of  genius  and  courage,  capa 
ble  of  becoming  their  leader.  Roman  legislation  had  done  nothing  for  them  ;  the  legis 
lation  of  their  masters  had.  not  assuaged  one  paiu,  noi  interposed  the  shield  of  the  law 
against  cruelty.  The  slaves  determined  upon  a  general  insurrection,  to  be  followed  by 
emigration.  The  cry  went  forth  from  the  plains  of  Lombardy,  and  reached  the  rich 
fields  of  Campania,  and  was  echoed  through  every  valley  among  the  Appennines.  The 
gladiators  burst  the  prisons  of  their  keepers  ;  the  field-servant  threw  down  his  manure- 
basket  ;  Syrian  and  Scythian,  the  thrall  from  Macedonia  and  from  Carthage,  the  wretches 
from  South  Gaul,  the  Spaniard,  the  African,  awoke  to  resistance.  The  barbarian,  who 
had  been  purchased  to  shed  his  blood  in  the  arena,  remembered  his  hut  on  the  Danube  ; 
the  Greek,  not  yet  indifferent  to  freedom,  panted  for  release.  It  was  an  insurrec 
tion,  as  solemn  in  its  object,  as  it  was  fearful  in  its  extent.  Rome  was  on  the  brink  of 
ruin.  Spartacus  pointed  to  the  Alps ;  beyond  their  heights  were  fields,  where  the 
fugitives  might  plant  their  colony ;  there  they  might  revive  the  practice  of  freedom ; 
there  the  oppressed  might  found  a  new  state  on  the  basis  of  benevolence,  and  in  the 
spirit  of  justice.  A  common  interest  would  unite  the  bondmen  of  the  most  remote 
lineage,  the  most  various  color,  in  a  firm  and  happy  republic.  Already  the  armies  of 
four  Roman  generals  had  been  defeated ;  already  the  immense  emigration  was  on  its 
way  to  the  Alps. 

If  the  mass  of  slaves  could,  at  any  moment,  on  breaking  their  fetters,  find  themselves 
capable  of  establishing  a  liberal  government,  if  they  could  at  once,  on  being  emancipa 
ted  or  on  emancipating  themselves,  appear  possessed  of  civic  virtue,  slavery  would  be 
deprived  of  more  than  half  its  horrors.  But  the  circumstance  which  more  than  any 
other  renders  the  institution  execrable,  is  this  :  that  while  it  binds  the  body,  it  corrupts 
the  mind.  The  outrages  which  men  commit,  when  they  first  regain  their  freedom, 
furnish  the  strongest  argument  against  the  system  of  bondage.  The  horrible  inhumanity 
of  civil  war,  and  slave  insurrection,  are  the  topics  of  the  loudest  appeal  against  the  con 
dition,  which  can  render  human  nature  capable  of  committing  such  crimes.  Idleness 
and  treachery  and  theft,  are  the  vices  of  slavery.  The  followers  of  Spartacus,  when  the 
pinnacles  of  the  Alps  were  almost  within  their  sight,  turned  aside  to  plunder ;  and  the 
Roman  army,  which  could  not  conquer  in  open  battle  the  defenders  of  their  personal 
freedom,  was  able  to  gain  the  advantage,  where  the  fugitive  slave  was  changed  from  a 
defender  of  liberty  into  a  plunderer. 

The  struggle  took  place  pricisely  at  a  moment  when  the  Roman  State  was  most  en 
dangered  by  foreign  enemies.  But  for  the  difficulties  in  the  way  of  communication, 
which  rendered  a  close  coalition  between  remote  armies  impossible,  the  Roman  State 
would  have  sunk  beneath  the  storm ;  and  from  the  shattered  planks  of  its  noble  ruins 
the  slaves  alone  would  have  been  able  to  build  themselves  a  little  bark  of  hope,  to 
escape  from  the  desolation.  Slaves  would  have  occupied  by  right  of  conquest  the  heri 
tage  of  the  Caesars.  They  finally  became  lords  ;  but  it  was  in  a  surer,  and  to  human 
nature  and  Roman  pride,  in  a  more  humiliating  manner. 

The  suppression  of  the  great  insurrection  of  Spartacus  brings  us  to  the  age  of  the 


SLAVERY  IN  ROME.  t)d 

triumvirs,  and  the  approaching  career  of  Julius  Caesar.  To  form  a  proper  judgment  of 
his  designs,  and  their  character,  we  must  endeavor  to  gain  some  distinct  idea  of  the 
condition  of  the  inhabitants  of  Italy  during  his  time,  as  divided  into  the  classes  of  the 
nobles,  the  poorer  citizens,  and  the  slaves. 

The  vast  capacity  for  reproduction,  which  the  laws  of  society  secure  to  capital  in  a 
greater  degree  than  to  personal  exertion,  displays  itself  no  where  so  clearly  as  in  slave- 
holding  states,  where  the  laboring  class  is  but  a  portion  of  the  capital  of  the  opulent. 
As  wealth  consists  chiefly  in  land  and  slaves,  the  rates  of  interest  are,  from  universally 
operative  causes,  always  comparatively  high ;  the  difficulty  of  advancing  with  borrowed 
capital  proportiona'bly  great.  The  small  land-holder  finds  himself  unable  to  compete 
with  those  who  are  possessed  of  whole  cohorts  of  bondmen ;  his  slaves,  his  lands, 
rapidly  pass,  in  consequence  of  his  debts,  into  the  hands  of  the  more  opulent.  The 
large  plantations  are  constantly  swallowing  up  the  smaller  ones ;  and  land  and  slaves 
soon  come  to  be  engrossed  by  a  few.  Before  Caesar  passed  the  Rubicon,  this  condition 
existed  in  its  extreme  in  the  Roman  State.  The  ARISTOCEACY  owned  the  soil  and  its 
cultivators.  A  free  laborer  was  hardly  known.  The  large  proprietors  of  slaves  not 
only  tilled  their  immense  plantations,  but  also  indulged  their  avarice  in  training  their 
slaves  to  every  species  of  labor,  and  letting  them  out,  as  horses  from  a  livery  stable,  for 
the  performance  of  every  conceivable  species  of  work.  Four  or  five  hundred  slaves 
were  not  an  uncommon  number  in  one  family ;  fifteen  or  twenty  thousand  sometimes 
belonged  to  one  master.  The  wealth  of  Crassus  was  immense,  and  consisted  chiefly  in 
lands  and  slaves  ;  on  the  number  of  his  slaves  we  hardly  dare  hazard  a  conjecture.  Of 
joiners  and  masons  he  had  over  five  hundred.  Nor  was  this  the  whole  evil.  The  nobles, 
having  impoverished  their  lands,  became  usurers,  and  had  their  agents  dispersed  over 
all  the  provinces.  The  censor  Cato  closed  his  career  by  recommending  usury,  as  more 
productive  than  agriculture  by  slave  labor ;  and  such  was  the  prodigality  of  the  Roman 
planters,  that,  to  indulge  their  fondness  for  luxury,  many  of  them  also  mortgaged  their 
estates  to  the  money-lenders.  Thus  the  lands  of  Italy,  at  best  in  the  hands  of  a  few 
proprietors,  became  virtually  vested  in  the  hands  of  a  still  smaller  number  of  usurers. 
No  man's  house,  no  man's  person,  was  secure.  Nullie  est  certa  domus,  nullum  sine 
pignore  corpus.  Hence,  corruption  readily  found  its  way  into  the  senate  ;  the  votes  of 
that  body,  not  less  than  the  votes  of  the  poorer  citizens,  were  a  merchantable  com 
modity.  Venalis  Curia  patrum.  The  wisdom  and  the  decrees  of  the  senate  were  for 
sale  to  the  highest  bidder. 

Thus  there  was  in  all  Italy  no  yeomanry,  no  free  labor,  no  free  manufacturing  class  ; 
and  thus  the  wealth  of  the  great  landed  proprietors  was  wholly  unbalanced.  The  large 
plantations,  cultivated  by  slave  labor,  had  already  ruined  Italy.  Verum  confitentibus, 
latifimdia  Italiam  perdiderunt. 

The  FREE  CITIZENS,  who  still  elected  tribunes  and  consuls,  and  were  still  sometimes 
convened  in  a  sort  of  town-meeting,  were  poor  and  abject.  But  the  right  of  suffrage  in 
sured  them  a  maintenance.  The  petty  offices  in  the  Commonwealth  were  filled  from 
their  numbertiand  such  as  retained  some  capacity  for  business  found  many  a  lucrative 
job,  in  return  for  their  influence  and  their  votes.  The  custom  houses,  the  provinces, 
the  internal  police,  offered  inviting  situations  to  moderate  ambition.  The  rest  clamored 
for  bread  from  the  public  treasury,  for  tickets  for  the  theatre  at  the  national  expense, 
for  gladiatorial  shows,  where  men  were  butchered  at  the  cost  of  the  office-seeking  aris 
tocracy,  for  the  amusement  of  the  majority.  But  there  existed  no  free  manufacturing 
estahMshments,  no  free  farmers,  no  free  laborers,  no  free  mechanics.  The  state  possessed 
some  of  the  forms  of  democracy  ;  but  the  life-giving  principle  of  a  democracy,  prosper 
ous  free  labor,  was  wanting. 

The  third  class  was  the  class  of  SLAVES.     It  was  three  times  as  numerous  as  both  the 


64  SLAVERY  IN   ROME. 

others  ;  though,  as  we  have  already  observed,  the  whole  body  belonged  almost  exclusively 
to  the  few  very  wealthy.  Their  numbers  excited  constant  apprehension  ;  but  care  was 
taken  not  to  distinguish  them  by  a  peculiar  dress.  Their  ranks  were  recruited  in  various 
ways.  The  captives  in  war  were  sold  at  auction.  The  good  Cicero,  in  the  little  wars  in 
which  he  was  commander,  sold  men  enough  to  produce,  at  half  price,  half  a  million 
dollars.  When  it  was  told  in  Rome  that  Caesar  had  invaded  Britain,  the  people,  in  the 
true  spirit  of  robbers,  could  not  but  ask  one  another  what  plunder  he  could  hope  to 
find  there.  '  There  is  not  a  scruple  of  silver, '  said  they,  '  in  the  whole  island  ; '  neque 
argenti  scrupulum  in  ilia  insula.  'Yes, '  it  was  truly  answered,  '  but  he  will  bring  slaves. ' 

The  second  mode  of  supplying  the  slave  market  was  by  commerce  ;  and  this  supply 
was  so  uniform  and  abundant,  that  the  price  of  an  ordinary  laborer  hardly  varied  very 
much  for  centuries.  The  reason  is  obvious.  The  slave  merchant  gets  his  cargoes  from 
kidnappers,  and  the  first  cost,  therefore,  is  inconsiderable.  The  great  centres  of  this 
traffic  were  in  the  harbors  bordering  on  the  Euxine ;  and  Scythians  were  often  stolen. 
Caravans  penetrated  the  deserts  of  Africa,  and  made  regular  hunts  for  slaves.  Blacks 
were  in  high  value ;  they  were  somewhat  rare,  and  therefore  both  male  and  female 
negroes  were  favorite  articles  of  luxury  among  the  opulent  Romans.  At  one  period, 
Delos  was  most  remarkable  as  the  emporium  for  slavers.  It  had  its  harbors,  chains, 
prisons,  every  thing  so  amply  arranged  to  favor  a  brisk  traffic,  that  ten  thousand  slaves 
could  change  hands  and  be  shipped  in  a  single  day. 

Such  was  the  character  of  the  Italian  population  over  which  a  government  was  to  be 
instituted,  at  the  time  when  Caesar  appeared  with  his  army  011  the  borders  of  the  Rubi 
con.  In  the  contest  which  followed,  it  was  the  object  of  Pompey  to  plunder,  to  devas 
tate,  and  to  revenge.  There  did  not  exist  any  armed  party  in  favor  of  a  democratic  re 
public.  The  spirit  of  the  democracy  was  gone ;  and  its  shade  only  moved,  with  powerless 
steps,  through  the  forum  and  the  temples,  which  had  once  been  the  scenes  of  its  glory. 

Julius  Caesar  was  a  great  statesman,  not  less  than  a  great  soldier.  His  ambition  was 
in  every  thing  gratified ;  the  noise  of  his  triumphs  had  filled  the  shores  of  England,  the 
swamps  of  Belgium,  and  the  forests  of  Germany.  Any  distinction  in  the  Roman  State 
was  within  his  reach.  He  was  childless ;  and  therefore  his  ambition  hardly  seemed  to 
require  a  subversion  of  the  Roman  Commonwealth.  And  yet,  with  all  this,  he  deliber 
ately  perceived  that  the  continuance  of  popular  liberty  was  impossible,  in  the  actual 
condition  of  the  Roman  State  ;  that  a  wasting,  corrupt,  and  most  oppressive  aristocracy 
was  preparing  to  assume  the  dominion  of  the  world ;  that  this  aristocracy  threatened 
ruin  to  the  provinces,  perpetual  cruelty  to  the  slaves,  and  hereditary,  intolerant  con 
tempt  for  the  people.  Democracy  had  expired ;  and  the  worst  form  of  aristocracy,  like 
that  of  the  Venetian  nobles  of  a  later  day,  could  be  prevented  only  by  a  monarchy. 
Julius  Caesar  coolly  resolved  on  the  establishment  of  a  monarchy.  This  was  the  third 
great  revolution  prepared  by  slavery. 

Slavery  having  impoverished,  but  not  wholly  corrupted  the  free  citizens,  Gracchus  had 
endeavored  to  restore  the  democracy  by  creating  an  independent  yeomanry,  and  had 
failed  from  the  opposition  of  the  nobles.  The  nobles,  perceiving  the  increase  of  the 
evil,  the  great  degradation  of  the  electors,  and  the  multiplication  of  slaves,  and  being 
firmly  resolved  on  maintaining  the  system  of  slave  labor,  endeavored  to  effect  a  revolu 
tion,  by  substituting  a  strong  aristocracy  for  the  democracy.  The  plan  failed,  owing  to 
he  strength  of  the  democratic  forms,  which  had  survived  the  democratic  spirit.  Caesar 
came,  and  finding  the  evil  excessive,  could  devise  no  cure ;  but  he  clearly  saw  that  a 
monarchical  form  of  government  was  the  only  one  which  would  endure  in  Rome.  Had 
Caesar  possessed  the  virtues  of  Washington,  the  democracy  of  Jefferson,  the  legislative 
genius  of  Madison,  he  could  not  have  changed  the  course  of  events.  The  condition  of 
the  Roman  population  demanded  monarchy. 


SLAVERY  IN   ROME. 


65 


There  remained  no  mode  of  establishing  a  fixed  government  in  Rome,  but  by  vesting 
fell  power  in  the  hands  of  one  man.  In  Italy,  no  opposition  whatever  was  made  to  Caesar, 
on  the  part  of  the  people  or  of  the  slaves.  The  only  opposition  proceeded  from  the  aris 
tocracy,  and  they  could  offer  resistance  only  in  the  remoter  subjected  districts,  with  the 
aid  of  hireling  troops,  sustained  by  the  revenues  of  the  provinces,  which  were  still  un 
der  the  control  of  the  senate.  The  people  conferred  on  Caesar  all  the  power  which  he 
could  desire  ;  he  was  created  dictator  for  a  year,  that  he  might  subdue  his  enemies,  and 
consul  for  five  years,  that  he  might  confirm  his  authority.  The  inviolability  of  his  per 
son  was  secured  by  his  election  as  tribune  for  life. 

What  would  have  been  the  policy  of  Julius  Caesar,  had  he  remained  in  power,  cannot 
be  safely  conjectured.  To  say  that  he  had  no  plan  is  absurd;  every  step  in  his  progress 
was  marked  by  consistency.  The  establishment  of  monarchy  was  already  an  alternative 
to  slavery.  Caesar  did  more.  He  issued  an  ordinance,  not  indeed  of  immediate  abolition, 
but  commanding  that  one-third  part  of  the  labor  of  Italy  should  be  performed  by  free 
hands.  The  command  was  rendered  inoperative  by  the  assassination  of  Caesar,  the 
greatest  misfortune  that  could  have  happened  to  Rome.  For  who  were  his  murderers  ? 
Not  the  people,  not  the  insurgent  bondmen  ;  but  a  portion  of  the  aristocracy,  to  whom 
the  greatest  happiness  of  the  greatest  number  was  a  matter  of  supreme  indifference. 

The  great  majority  of  the  conspirators  have  never  found  a  eulogist.  Every  ancient 
writer  speaks  of  them  with  reprobation  and  contempt.  Cassius,  one  of  the  chief  lead 
ers,  was  notoriously  selfish,  violent,  and  disgracefully  covetous,  not  to  say  dishonest. 
He  is  universally  represented  as  envying  injustice  rather  than  abhorring  it,  and  his  con 
duct  has  ever  been  ascribed  to  personal  malevolence,  and  not  to  patriotism.  But  Brutus ! 
History  never  manufactured  him  into  a  hero,  till  he  had  made  himself  an  assassin. 
Of  a  headstrong,  unbridled  disposition,  he  never  displayed  coolness  of  judgment  in  any 
part  of  his  career.  It  was  his  misfortune  to  have  been  the  son  of  an  abandoned  woman, 
and  to  have  been  bred  in  a  home  which  adultery  and  wantonness  had  defiled.  The 
vices  of  early  indulgence  may  be  palliated  by  his  youth  and  the  licentiousness  of  his 
time ;  but  Brutus,  wliile  yet  young,  was  notorious  as  a  merciless  and  exorbitant  usurer, 
at  the  rate  of  four  per  cent,  a  month,  or  forty-eight  per  cent,  a  year.  When  his  debtors 
grew  unable  to  pay,  he  obtained  for  his  agent  an  appointment  to  a  military  post,  and 
extorted  his  claims  by  martial  law.  The  town  of  Salamis,  in  the  isle  of  Cyprus,  owed 
him  money  on  the  terms  we  have  mentioned.  He  caused  the  members  of  its  bankrupt 
municipal  government  to  be  confined  in  their  town-hall,  in  the  hope  that  hunger  would 
quicken  their  financial  skill ;  and  some  of  them  were  starved  to  death.  Such  was  Bru 
tus  at  that  ingenuous  period  of  life,  when  benevolence  is  usually  most  active.  Brutus 
hated  Pompey,  yet  after  deliberating,  he  joined  the  party  of  that  leader,  and  remained 
true  to  it,  so  long  as  it  seemed  to  be  the  strongest ;  but  no  sooner  was  the  battle  of 
Pharsalia  won,  than  Brutus  gave  in  his  adhesion  to  Caesar,  and  to  confer  a  value  on  his 
conversion,  he  betrayed  the  confidence  of  the  fugitive,  whose  cause  he  had  abandoned ! 
In  the  plot  against  Caesar,  Brutus  was  the  dupe  of  more  sagacious  men.  The  admirer 
transfers  his  own  enthusiasm  for  liberty  to  those  who  claimed  to  be  the  champions  of 
the  republic;  and  reverences  the  crime  of  inconsiderate  passion,  as  the  exercise  of 
righteous  vengeance. 

Caesar  had  received  the  senate  sitting  ;  this  insult  required  immediate  vengeance. 
They  murdered  Caesar,  not  from  public  spirit,  but  from  mortified  vanity  and  angry  dis 
content.  The  people,  who  had  been  pleased  with  the  humiliation  of  their  oppressors, 
were  indignant  at  the  assassination,  and  the  assassins  themselves  had  no  ulterior  plan. 

Slavery  had  poisoned  the  Roman  State  to  the  marrow ;  and  though  the  conspirators 
had  no  fixed  line  of  policy,  yet  the  condition  of  the  population  of  Italy  led  immediately 
to  monarchy.  The  young  Octavian  owed  his  elevation,  not  to  his  talents,  but  to  the 
5 


66  SLAVERY    IN   ROME. 

state  of  the  times.  Nothing  but  monarchy  was  tolerable.  The  evils  that  followed  ser 
vitude  made  Augustus  emperor. 

Thus  slavery,  by  impoverishing  the  majority  of  the  citizens,  rendered  the  reform  of 
Gracchus  necessary  to  the  preservation  of  the  democracy,  and  at  the  same  time  rendered 
that  reform  impossible.  In  a  word,  slavery  subverted  the  Roman  democracy.  The  same 
cause,  corrupting  the  citizens,  occasioned  the  attempt  of  Sylla,  which  Pompey  would 
have  renewed,  to  found  an  aristocratic  government,  where  there  already  existed  an  aris 
tocratic  class ;  a  result  which  the  combined  interests  of  the  slaves  and  the  people 
defeated.  Slavery  was  the  moving  cause  of  the  third  revolution ;  and  monarchy  was 
established  by  the  common  consent  of  the  people,  and  to  the  sure  benefit  of  the  slave. 
In  the  emperor  the  slave  would  have  a  friend. 

Slavery  prepared  one  more  revolution,  before  it  expired.  It  introduced  Oriental  des 
potism  into  Europe  ;  not  by  force  of  arms,  but  by  the  sure  results  of  causes  that  were 
perpetually  in  action. 

Slavery  impoverished  the  soil  of  Italy.  The  careless  culture  wore  out  even  the  rich 
fields  of  Campania.  Large  districts  were  left  waste  ;  other  large  tracts  were  turned  into 
pastures ;  and  grazing  was  substituted  for  tillage.  The  average  crops  of  Italy  hardly 
ever  returned  fourfold  increase.  Nam  frumenta  majore  quidem  parte  Italiae,  quando 
cum  quarto  responderint,  vix  meminisse  possumus.  It  is  the  confession  of  the  eulogist 
and  the  teacher  of  agriculture.  Italy  was  naturally  a  very  fertile  country ;  but  slave 
labor  could  hardly  wring  from  it  a  return  one-half,  or  even  one-third,  so  great  as  free 
labor  gets  from  the  hills  and  vales  of  New  England.  This  impoverishment  of  the  soil 
impoverished  the  spirit  of  its  inhabitants.  The  owners  of  slaves,  disdaining  the  use  of 
the  sickle  and  the  plow,  crept  within  the  walls  of  Rome,  abandoning  the  cares  of  agri 
culture  to  the  vilest  of  their  bondmen. 

Slavery  prepared  the  way  for  Oriental  despotism  by  encouraging  luxury.  The  genius 
of  the  Romans  was  inventive ;  but  it  was  only  to  devise  new  pleasures  of  the  senses. 
The  retinue  of  servants  was  unexampled ;  and  the  caprices,  to  which  men  and  women 
were  subjected,  were  innumerable.  The  Roman  writers  are  so  full  of  it,  that  it  is  un 
necessary  to  draw  the  picture,  which  would  indeed  represent  humanity  degraded  by  the 
subserviency  of  slaves,  and  by  the  artificial  desires  and  vices  of  their  masters.  This 
detestable  excess  extended  through  the  whole  upper  class.  Women  ceased  to  blush  for 
vices  which,  in  other  times,  render  men  infamous.  Beneficium  sexus  sui  vitiis  perdid- 
exunt,  et  quia  foeminam  exuerunt,  damnatae  sunt  morbis  virilibus.  At  Rome,  the  gout 
was  a  common  disease  in  the  circles  of  female  dissoluteness  and  fashion.  The  rage  of 
luxury  extended  also,  in  some  sort,  to  the  people.  For  them,  tens  of  thousands  of  gla 
diators  were  sacrificed  without  concern ;  for  them  the  enslaved  Jews  raised  the  gigantic 
walls  of  the  Coliseum,  the  most  splendid  monument  of  human  infamy ;  for  them  actual 
navies  engaged  in  actual  contests ;  and  the  sailors,  as  they  prepared  for  battle,  received 
only  an  AVET.E,  on  their  way  to  death. 

In  like  manner,  the  effect  of  slavery  became  visible  on  public  morals.  Among  the 
slaves  there  was  no  such  thing  as  the  sanctity  of  marriage ;  dissoluteness  was  almost  as 
general  as  the  class.  The  slave  was  ready  to  assist  in  the  corruption  of  his  master's 
family.  The  virtues  of  self-denial  were  unknown.  But  the  picture  of  Roman  immo 
rality  is  too  gross  to  be  exhibited.  Its  excess  can  be  estimated  from  the  extravagance  of 
its  remedy.  When  the  Christian  religion  made  its  way  through  the  oppressed  classes 
of  society,  and  gained  strength  by  acquiring  the  affections  of  the  miserable,  whose  woes 
it  solaced,  the  abandoned  manners  of  the  cities  could  be  forcibly  reproved,  only  by  the 
voice  of  fanaticism.  When  domestic  life  had  almost  ceased  to  exist,  the  universal  lewd- 
ness  could  be  checked  only  by  the  most  exaggerated  eulogies  of  absolute  chastity.  Con 
vents  and  nunneries  grew  up,  when  more  than  half  the  world  were  excluded  from  the 


SLAVERY   IN  ROME.  67 

rites  of  marriage,  and  condemned  by  the  laws  of  the  empire  to  promiscuous  indulgence. 
Vows  of  virginity  were  the  testimony  which  religion  bore  against  the  enormities  of  the 
times.  Spotless  purity  could  alone  put  to  blush  the  shamelessness  of  artificial  excess. 
As  in  raging  diseases,  the  most  violent  and  unnatural  remedies  need  to  be  applied  for 
a  season,  so  the  transports  of  enthusiasm  and  the  revolution  of  fanaticism  sometimes 
appear  necessary  to  stay  the  infection  of  a  moral  pestilence.  Thus  riot  produced  asceti 
cism  ;  and  monks,  and  monkish  eloquence,  and  monastic  vows  grew  out  of  the  general 
depravity  of  manners.  The  remedy  was  demanded,  since  public  vice  was  threatening 
the  Southern  world  with  depopulation. 

The  gradual  decay  of  the  class  of  ingenuous  freemen  had  ever  been  a  conspicuous 
result  of  slavery.  The  corruptions  of  licentiousness  spared  neither  sex  of  the  Roman 
people  ;  and  the  consequence  was  so  certain,  that  emancipation  alone  could  supply  the 
void.  Nor  was  it  long  before  the  majority  of  the  cohorts,  of  the  priesthood,  of  the 
tribes,  of  the  people,  nay  of  the  senate  itself,  came  to  consist  of  emancipated  slaves. 
But  the  sons  of  slaves  could  have  no  capacity  for  defending  freedom  ;  and  despotism  was 
at  hand,  when,  besides  the  sovereign,  there  were  few  who  were  not  bondmen  or  the  chil 
dren  of  bondmen.  Freedom,  to  exist  securely,  must  be  locked  fast  in  hereditary  affec 
tions,  and  confirmed  as  a  mortmain  inheritance  from  long  generations. 

The  government  of  Rome  was  sufficiently  degraded,  when  the  makers  of  an  emperor, 
stumbling  upon  Claudius,  the  wisest  fool  of  the  times,  proclaimed  him  the  master  of  the 
Roman  empire.  Slavery  now  enjoyed  its  triumph,  for  a  slave  became  prime  minister. 
lo  Saturnalia,  shouted  the  cohorts,  as  Narcissus  attempted  to  address  them.  But  the 
consummation  of  evil  had  not  arrived.  The  husband  of  Messalina  had,  naturally  enough, 
taken  up  a  prejudice  against  matrimony ;  but  the  governors  of  the  weak  emperor,  who 
managed  him  as  absolutely  as  Buckingham  managed  James  I.,  insisted  upon  his  marry 
ing  Agrippina.  He  did  so  ;  and  Agrippina,  assisted  by  freedmen  and  slaves,  disinherited  his 
son,  murdered  her  husband,  and  placed  Nero  on  the  throne.  Slaves  gave  Nero  the  purple. 
The  accession  of  Nero  is  the  epoch  of  the  virtual  establishment  of  the  fourth  revolu 
tion.  The  forms  of  ancient  Rome  still  continued,  but  Nero  was  the  incarnation  of  tyran 
ny  ;  the  triumph  of  human  depravity  ;  the  very  name  by  which  men  are  accustomed  to 
express  the  fury  of  unrestrained  malignity.  Bad  as  he  was,  Nero  was  not  worse  than 
Rome.  Rome  had  no  right  to  complain ;  Rome  had  but  her  due.  Nay,  when  he  died, 
the  rabble  and  the  slaves  crowned  his  statues  with  garlands,  and  scattered  flowers  over 
his  grave.  And  why  should  they  not  ?  Nero  never  injured  the  rabble,  never  oppressed 
the  slave.  He  murdered  his  mother,  his  brother,  his  wife.  But  Nero  was  only  the  tyrant 
of  the  wealthy ;  the  terror  of  the  successful.  He  rendered  poverty  sweet,  for  poverty 
alone  was  secure ;  he  rendered  slavery  tolerable,  for  slaves  alone,  or  slavish  men,  were 
promoted  to  power.  Iii  honoring  his  tomb,  they  honored  their  avenger.  The  reign  of 
Nero  was  the  golden  reign  of  the  populace,  and  the  holiday  of  the  bondman.  The  death 
of  Gracchus  was  now  avenged  on  the  descendants  of  his  murderers.  The  streams  in 
Heaven,  it  is  truly  said,  run  up  hill ;  and  slavery,  in  producing  its  perfect  results,  had 
brought  the  heaviest  curse  on  the  heads  of  its  supporters. 

Despotism  now  became  the  government  of  the  Roman  empire.  Yet,  there  was  such 
a  vitality  in  the  forms  of  liberty,  that  they  were  still  in  some  degree  preserved.  Two 
centuries  passed  away,  before  the  last  vestiges  of  republican  simplicity  disappeared ;  two 
centuries  elapsed,  before  the  Eastern  diadem  could  be  introduced  with  the  slavish  cus 
toms  of  the  East.  Up  to  the  reign  of  Diocletian,  a  diadem  had  never  been  endured  in 
Europe.  Hardly  had  this  emblem  of  servility  become  tolerated,  when  language  also 
began  to  be  corrupted  ;  and,  within  the  course  of  another  century,  the  austere  purity 
of  the  Greek  and  Roman  tongues,  the  languages  of  Demosthenes  and  of  Gracchus, 
became  for  the  first  time  familiarized  to  the  forms  of  Oriental  adulation.  Your  imperial 


68  CHRISTIAN  SLAVERY 

Highness,  your  Grace,  your  Excellency,  your  Immensity,  your  Honor,  your  Majesty, 
then  first  became  current  in  the  European  world ;  men  grew  ashamed  of  a  plain  name  ; 
and  one  person  could  not  address  another  without  following  the  custom  of  the  Syrians, 
and  calling  him  Rabbi,  Master. 

It  is  a  calumny  to  charge  the  devastation  of  Italy  upon  the  barbarians.  We  say  again, 
the  large  Roman  plantations,  tilled  by  slave  labor,  were  the  ruin  of  Italy.  Verum  con- 
fitentibus,  latifundia  Italiam  perdidere.  From  the  days  of  Gracchus,  morals,  courage, 
force  of  character,  and  agriculture  had  been  declining.  The  productiveness  of  the 
country  was  constantly  diminishing  ;  Italy,  for  centuries,  had  not  produced  corn  enough 
to  meet  the  wants  of  its  inhabitants.  Rome  was  chiefly  supplied  from  Sicily  and  Africa, 
and  the  largest  number  of  its  inhabitants  had,  for  centuries,  been  fed  from  the  public 
magazines. 

The  barbarians  did  not  ruin  Italy.  The  Romans  themselves  ruined  it.  Slavery  had 
made  it  a  waste  and  depopulated  land,  before  a  Scythian  or  a  Scandinavian  had  crossed 
the  Alps. 

When  Alaric  led  the  Goths  into  Italy,  even  after  the  conquest  of  Rome,  he  saw  that 
he  could  not  sustain  his  army  in  the  beautiful  but  desert  territory,  unless  he  could  also 
conquer  Sicily  and  Africa,  whence  alone  daily  bread  could  be  obtained.  His  successor 
was,  therefore,  easily  persuaded  to  abandon  the  unproductive  region,  and  invade  the 
happier  France. 

Attila  had  no  other  object  than  a  roving  pilgrimage  after  plunder ;  and  as  his  cupidity 
was  little  excited,  and  the  climate  was  ungenial,  the  wild,  unlettered  Calmuck  was  easily 
overawed  by  the  Roman  priesthood,  and  diverted  from  the  indigent  Italy  to  the  more 
prosperous  North.  Rome  still  remained  an  object  for  plunderers,  but  none  of  the  bar 
barians  were  tempted  to  make  Italy  the  seat  of  empire,  or  Rome  a  metropolis.  Slavery 
had  destroyed  the  democracy,  had  destroyed  the  aristocracy,  had  destroyed  the  empire  ; 
and  now  at  last  it  left  the  traces  of  its  ruinous  power  deeply  furrowed  on  the  face  of 
nature  herself.' 


CHAPTER  VI. 

CHRISTIAN  SLAVERY  IN  NORTHERN  AFRICA. 

Barbary — the  Carthaginians,  the  Romans,  the  Vandals. — Northern  Africa  annexed  to  the 
Greek  Empire. — Conquered  by  the  Saracens. — The  Spanish  Moors  pass  over  to  Africa 
— Their  expeditions  to  plunder  the  coasts  of  Spain,  and  carry  off  the  Christian  Span 
iards  into  Slavery. — Cardinal  Ximenes  invades  Barbary,  1509,  to  release  the  captives. — 
Barbarossa,  the  sea-rover,  becomes  king  of  Algiers. — The  Christian  Slaves  build  the 
mole. — Expeditious  of  Charles  V.  against  the  Moors. — Insurrection  of  the  Slaves. — 
Charles  releases  20,000  Christians  from  Slavery,  and  carries  off  10,000  Mohammedan? 
to  be  reduced  to  Slavery  in  Spain. — The  Moors  retaliate  by  seizing  6000  Minorcans  for 
Slaves. — Second  expedition  of  Charles — its  disastrous  termination — his  army  destroyed 
— prisoners  sold  into  Slavery. — The  Algerines  extend  their  depredations  into  the  Eng 
lish  Channel. — Condition  of  the  Christian  slaves  in  Barbary — treated  with  more  human 
ity  than  African  slaves  among  Christians. — Ransom  of  the  slaves  by  their  countrymen. 
— British  Parliament  appropriates  money  for  the  purpose. — The  French  send  bomb  ves 
sels  in  1688. — Lord  Exmouth  in  1816  releases  3000  captives,  and  puts  an  end  to  Chris 
tian  Slavery  in  Barbary. 


B 


ARBARY  is  the  general  and  somewhat  vague  denomination  adopted  by 
Europeans  to  designate  that  part  of  the  northern  coast  of  Africa  which,  bound 
ed  on  the  south  by  the  desert  of  Sahara,  is  comprised  between  the  frontiers  of 


IN   NORTHERN  AFRICA.  69 

Egypt  on  the  Mediterranean,  and  Cape  Nun,  the  western  spur  of  the  lofty  At 
las  range,  on  the  Atlantic.  Imperfectly  known  even  at  the  present  day,  in  an 
cient  legend  it  was  peculiarly  the  land  of  mystery  and  fable.  It  was  there  the 
Grecian  poets,  giving  their  airy  nothings  a  local  habitation  and  a  name,  placed 
the  site  of  the  delightful  gardens  of  Hesperides,  whose  trees  bore  apples  of  the 
purest  gold ;  there  dwelt  the  terrible  Gorgon,  whose  snaky  tresses  turned  all 
living  things  into  stone ;  there  the  invincible  Hercules  wrestled  and  overthrew 
the  mighty  Antaeus  ;  there  the  weary  Atlas  supported  the  ponderous  arch  of 
heaven  on  his  stalwart  shoulders.  Almost  as  mythical  and  mysterious  is  the 
little  we  know  of  the  Phoenicians,  the  greatest  maritime  people  of  antiquity, 
who  planted  their  most  powerful  colony,  the  proud  city  of  Carthage,  on  these 
fertile  shores  of  Northern  Africa.  Of  the  Carthaginians,  we  can  glean  a  lit 
tle  from  the  Greek  and  Roman  historians.  We  know  that  in  turn  becoming 
the  rulers  of  the  seas,  they  explored  and  founded  colonies  and  trading-depots 
in  what  were  at  that  time  the  most  distant  regions  ;  extending  their  commer 
cial  relations  from  the  tropical  banks  of  the  Niger  to  the  frost-bound  beach  of 
the  Baltic.  A  powerful  people  ere  Rome  was  built,  they  long  enjoyed  their 
supremacy ;  at  last,  the  thirst  of  territorial  conquest  brought  the  two  great  na 
tions  into  rivalry,  and  the  rich  temples  of  Carthage  fell  a  prey  to  the  legions 
of  Scipio.  For  a  short  period  after  the  destruction  of  Carthage,  the  energetic 
subtlety  of  Jugurtha  prevented  the  conquerors  from  extending  their  dominion ; 
but  in  a  few  years,  the  whole  coast,  as  far  as  the  waves  of  the  Atlantic,  became 
a  Roman  province.  It  remained  so  till  about  the  year  428  of  the  Christian 
era,  in  the  reign  of  the  Emperor  Honorius,  when  Genseric,  king  of  the  Van 
dals,  crossed  over  to  Africa,  conquered  the  Roman  territory,  and  founded  a 
dynasty  which  reigned  for  about  100  years.  The  Greek  emperor  Justinian 
then  sent  Belisarius  to  reconquer  the  country ;  he  defeated  the  Vandals,  made 
their  king  prisoner,  and  added  Northern  Africa  to  the  Greek  Empire. 

History  presents  us  with  a  series  of  conquering  races,  following  each  other 
as  the  waves  upon  the  sea-beach,  each  washing  away  the  impression  made  up 
on  the  sand  by  its  forerunner,  and  each  leaving  a  fresh  impression  to  be  washed 
out  by  its  successor.  The  irruption  of  the  Saracens  followed  hard  upon  the 
conquering  footsteps  of  Belisarius.  Swarm  after  swarm  of  the  Arabs  came 
up  out  of  Egypt,  till  Northern  Africa  was  under  the  rule  of  the  caliphs,  ex 
cepting  a  small  part  of  the  sea-coast  held  by  the  Spanish  Goths.  They  at  last 
were  driven  out  by  Musa,  about  the  year  710  ;  and  then  Tarik,  Musa's  lieuten 
ant,  crossing  the  narrow  straits,  carried  the  war  into  Europe,  defeated  Rod 
erick,  the  last  Gothic  king,  and  laid  the  foundation  of  Arab  dominion  in  Spain. 
The  ruthless  spirit  of  religious  fanaticism  which  inspired  the  followers  of  Mo 
hammed,  destroyed  everything  it  could  not  change.  Romans, Vandals,  Greeks, 
Goths,  their  laws,  literature,  and  religions,  all  have  disappeared  in  Northern 
Africa ;  the  recollection  of  the  most  powerful  of  them  is  only  preserved  in  the 
word  Eomi — a  term  of  reproach  to  the  Christians  of  all  nations.  Of  their 
more  material  works,  the  learned  antiquary  still  finds  some  traces  of  Roman 


70  CHRISTIAN  SLAVERY 

edifices,  and  the  remains  of  a  sewer  are  supposed  to  indicate  the  site  of  Car 
thage.  The  warlike  enthusiasm  of  the  Saracens  was  better  adapted  for  making 
conquests  than  for  preserving  them.  The  great  distance  from  the  seat  of  em 
pire,  the  revolutions  caused  by  rival  houses  contending  for  the  caliphate,  the 
ambitious  projects  of  the  viceroys  inclining  them  to  league  with  native  chiefs, 
led  to  a  dissolution  of  the  Arabian  power  hi  Northern  Africa.  Consequently, 
when  the  dawn  of  modern  history  begins  to  throw  a  clearer  light  upon  the 
scene,  we  find  the  territory  divided  into  a  number  of  petty  sovereignties. 

The  Saracens  in  Africa  intermixing  with  the  barbarous  native  tribes,  never 
reached  the  high  position  in  the  arts  of  peace  and  civilization  attained  by  their 
brethren,  the  conquerors  of  Spain.  The  devastating  instinct  of  Islamism  seems 
to  have  yielded  to  a  more  benign  influence,  as  soon  as  it  entered  Europe. 
When  Spain  was  thoroughly  subdued,  the  natives  were  permitted,  with  but  few 
restrictions,  the  full  enjoyment  of  their  own  laws  and  religion ;  and  the  Arabs, 
enjoying  almost  peaceable  possession  for  nearly  three  centuries  after  the  con 
quest,  devoted  their  fiery  energies  to  the  acquisition  of  knowledge.  Enriched 
by  a  fertile  soil  and  prosperous  commerce,  they  blended  the  acquirements  and 
refinements  of  intellectual  culture  with  Arabian  luxury  and  magnificence ;  the 
palaces  of  their  princes  were  radiant  with  splendor,  their  colleges  famous  for 
learning,  their  libraries  overflowing  with  books,  their  agricultural  and  manufac 
turing  processes  conducted  with  scientific  accuracy,  when  all  the  rest  of  Europe 
was  buried  in  midnight  barbarism.  To  those  halcyon  days  of  comparative 
peace  succeeded  four  centuries  of  bitter  conflict  between  the  invaders  and  the 
invaded,  exhibiting  one  of  the  grandest  romances  of  military  history  on  record. 
It  was  long  doubtful  on  which  side  the  horors  of  victory  would  descend.  At 
last,  the  ardor  and  audacity  of  the  Mussulraau  succumbed  to  the  patriotic  cour 
age  of  the  Christian,  and  the  reluctant  Moor  was  compelled  to  abandon  the 
lovely  region  he  had  rendered  classical  by  the  exercise  of  his  peculiar  taste  and 
genius. 

Immediately  after  the  fall  of  Granada  in  1^9?,  about  100,000  Spanish  Moors 
passed  over  into  Africa  with  their  unfortunate  king,  Boabdil.  Some  ruined  and 
deserted  cities  on  the  sea-coast,  the  remains  of  Carthaginian  and  Roman  power 
and  enterprise,  were  allotted  to  the  exiles  ;  for  though  of  the  same  religion,  and 
almost  of  the  same  race  and  language  as  the  people  they  sought  refuge  amongst, 
yet  they  were  strangers  in  a  strange  land ;  the  African  Moors  termed  them 
Tigarins  (Andalucians)  ;  they  dwelt  and  intermarried  together,  and  were  long 
known  to  Europeans,  in  the  lingua  franca  of  the  Mediterranean,  by  the  ap 
pellation  of  Moriscos.  At  the  period  of  this  forced  migration,  the  Barbary 
Moors  knew  nothing  of  navigation  ;  what  little  comn»erce  they  had  was  carried 
on  by  the  ships  of  Cadiz,  Genoa,  and  Ragusa.  •  But  the  Moriscos,  confined  to 
the  sea-coast,  and  debarred  from  agriculture,  had  no  sooner  rendered  the  an 
cient  ruins  habitable,  than  they  turned  their  attention  to  naval  affairs.  Build 
ing  row-boats,  carrying  from  fourteen  to  twenty-six  oars,  they  boldly  put  to  sea, 
and  incited  by  feelings  of  the  deadliest  enmity,  revenge**  thsrcwlves  ou  the 


IN  NORTHERN   AFRICA.  71 

hated  Spaniard,  at  the  same  time  that  they  plundered  for  a  livelihood.  Cross 
ing  the  narrow  channel  which  separates  the  two  continents,  and  lying  off  out 
of  sight  of  the  Spanish  coast  during  the  day,  they  landed  at  night — not  as 
strangers,  but  on  the  shores  of  their  native  land,  where  every  bay  and  creek, 
every  path  and  pass,  every  village  and  homestead,  were  as  well  known  to  them 
as  to  the  Christian  Spaniard.  In  the  morning,  mangled  bodies  and  burning 
houses  testified  that  the  Moriscos  had  been  there ;  while  all  portable  plunder, 
every  captured  Christian  not  too  old  or  too  young  to  be  a  slave,  was  in  the 
row-boat,  speeding  swiftly  to  the  African  coast.  The  harassed  Spaniards  kept 
watch  and  ward,  winter  and  summer,  from  sunrise  to  sunset,  and  sometimes 
succeeded  in  cutting  off  small  parties  of  the  piratical  invaders ;  yet  such  was 
the  audacity  of 'the  Moriscos,  and  so  well  were  their  incursions  planned,  that 
frequently  they  plundered  villages  miles  in  the  interior.  Then  ensued  the  hasty 
flight  and  hot  pursuit ;  the  freebooters  retreating  to  the  boats,  driving  before 
them,  at  the  lance's  point,  unfortunate  captives,  laden  with  the  plunder  of  their 
own  dwellings ;  the  pursuers,  horse  and  foot,  following  into  the  very  water,  and 
firing  on  the  retiring  row-boats  till  their  long  oars  swept  them  out  of  gunshot. 
The  Barbary  Moors  soon  joined  the  Moriscos  in  those  exciting  and  profitable 
adventures ;  and  thus  originated  the  atrocious  practice,  which  being  subse 
quently  recognized  in  treaties  made  by  various  European  powers,  became,  ac 
cording  to  the  laws  of  nations,  a  legally  organized  system  of  Christian  slavery. 

In  1509,  Ferdinand  the  Catholic,  anxious  to  stop  the  Morisco  depredations 
on  the  Spanish  coast,  sent  a  considerable  force,  under  the  celebrated  Cardinal 
Ximenes,  to  invade  Barbary.  During  this  expedition,  the  Spaniards  released 
300  captives,  and  took  possession  of  Oran  and  a  few  other  unimportant  places 
on  the  coast.  One  of  those  was  a  small  island,  about  a  mile  from  the  main, 
lying  exactly  opposite  the  town  since  known  as  Algiers,  but  previously  so  little 
recognized  by  history,  that  it  is  not  certain  when  it  received  the  name.  In  all 
probability,  it  acquired  the  high-sounding  appellation  of  Al  Ghezire  (The  In 
vincible)  at  a  subsequent  period.  Carefully  fortifying  this  insulated  rock,  the 
Spaniards,  by  the  superiority  of  their  artillery,  held  possession  of  it  for  several 
years,  as  a  sort  of  outpost,  and  a  curb  upon  the  piratical  tendencies  of  the  na 
tive  powers. 

One  of  those  extraordinary  adventurers,  who,  rising  from  nothing,  carve  out 
kingdoms  for  themselves  with  the  edge  of  their  sabres,  and  gleaming  at  inter 
vals  on  an  astonished  world,  vanish  into  utter  darkness,  like  comets  in  their 
erratic  orbits,  appeared  at  this  time,  and  changed  the  destinies  of  the  greater 
part  of  Northern  Africa.  The  son  of  a  poor  Greek  potter  in  the  island  of 
Mitylene  worked  with  his  father  till  a  younger  brother  was  able  to  take  his 
place  in  assisting  to  support  the  family ;  then  going  on  board  a  Turkish  war 
vessel,  he  signified  his  desire  to  become  a  Mussulman,  and  enter  the  service. 
His  offer  was  accepted,  he  received  the  Turkish  name  of  Aroudje — his  previous 
appellation  is  unknown — and  in  a  short  time,  his  fierce  intrepidity  and  nautical 
skill  raised  him  to  the  command  of  a  vessel  belonging  to  the  sultan.  Intrusted 


72  CHRISTIAN  SLAVERY 

with  a  considerable  sum  of  money,  to  pay  the  Turkish  garrisons  in  the  Morea, 
he  sailed  from  Constantinople,  and  having  passed  the  Dardanelles,  he  mustered 
his  crew,  and  declared  his  intentions  of  renouncing  allegiance  to  the  Porte.  He 
told  them  that,  if  they  would  stand  by  him,  he  would  lead  them  to  the  western 
waters  of  the  Mediterranean,  where  prizes  of  all  nations  might  be  captured  in 
abundance,  where  there  were  no  knights  of  Rhodes  to  contend  against,  and 
where  they  would  be  completely  out  of  the  power  of  the  sultan.  A  project  so 
much  in  unison  with  the  predilections  of  the  rude  crew,  was  received  with  en 
thusiastic  acclamations  of  assent.  Aroudje  then  steered  for  his  native  island 
of  Mityleue,  where  he  landed,  and  gave  a  large  sum  of  money  to  his  mother 
and  sisters ;  and  being  joined  by  his  brother,  who,  becoming  a  Mohammedan, 
assumed  the  name  of  Hayraddin,  he  weighed  anchor,  and  turned  his  prow  to 
the  westward.  Arriving  off  the  island  of  Elba,  he  fell  in  with  two  portly  ar 
gosies  under  papal  colors.  Piracy  in  these  western  seas  having  previously  been 
carried  on  in  the  Morisco  row-boats  only,  the  Christians  were  not  alarmed,  but 
believing  Aroudje  to  be  an  honest  trader,  permitted  him  to  run  alongside,  as  he 
seemed  to  wish  to  communicate  some  information.  They  were  quickly  unde 
ceived.  Boarding  the  nearest  one,  he  immediately  took  possession  of  her,  and 
then  dressing  his  men  in  the  clothes  of  the  captured  crew,  he  bore  down  upon 
her  unsuspecting  consort.  She  was  captured  also,  with  scarcely  a  blow ;  and 
Aroudje  found  himself  in  possession  of  two  ships;  each  much  larger  than  his 
own,  with  cargoes  of  great  value,  and  some  hundreds  of  prisoners.  The  fame 
of  this  bold  action  resounded  from  the  southern  shores  of  Europe  to  the  oppo 
site  coast  of  Africa.  Such  captives  as  were  ransomed,  when  describing  the  ap 
pearance  of  Aroudje,  did  not  fail  to  recount  the  ferocious  aspect  of  his  hug<i 
red  beard,  so  unusual  an  appendage  to  a  native  of  the  south,  and  thus  he  ob 
tained  the  name  of  Barbarossa  (Redbeard),  so  long  the  terror  of  the  Mediter 
ranean.  Taking  his  prizes  to  Tunis,  one  of  the  small  states  that  had  once  been 
part, of  the  great  Saracen  Empire  in  Barbary,  Aroudje  was  well  received  by 
the  king,  who  allowed  him  to  use  the  island  and  fort  of  Goleta  as  a  naval  de 
pot,  on  condition  of  paying  a  certain  percentage  on  all  prizes.  Adding  daily 
to  his  wealth  and  fleet,  the  daring  sea-rover  had  no  lack  of  followers.  Turk 
ish  and  Moorish  adventurers  eagerly  enrolled  themselves  under  his  fortunate 
banner. 

The  precarious  position  of  the  petty  Barbary  states,  threatened  by  the  Ber 
bers  and  Bedouins  of  the  interior  on  the  land-side,  and  menaced  by  the  Span- 
ards  on  the  sea-board,  was  highly  favorable  to  the  ambitious  aspirations  of  the 
potter's  son.  The  district  of  Jijil  being  attacked  by  famine,  he  seized  the  corn- 
ships  of  Sicily,  and  distributed  the  grain  freely  and  without  price  among  the 
starving  indabitauts,  who  gratefully  proclaimed  him  their  king ;  and  in  a  few 
years  his  army  equaled  in  magnitude  his  still  increasing  fleet.  The  fort  built 
by  the  Spaniards  on  the  island  off  Algiers  was  a  great  annoyance  to  Eutemi, 
the  Moorish  king  of  that  little  state.  Unwisely,  he  applied  to  Barbarossa  for 
aid  to  evict  the  Spaniard,  and  eagerly  was  the  request  granted.  With  5000 


IN   NORTHERN  AFRICA. 


73 


men,  the  pirate  chief  marched  to  Algiers,  where  the  people  hailed  him  as  a  de 
liverer  ;  Euterni  was  murdered,  and  Aroudje  proclaimed  king.  The  throne 
thus  usurped  by  audacity,  he  established  by  policy ;  profusely  liberal  to  his 
friends,  ferociously  cruel  to  his  enemies,  he  was  loved  and  dreaded  by  all  his 
subjects.  His  reign,  however,  was  short,  being  defeated  and  killed  in  battle 
by  the  Spaniards,  only  two  years  after  he  ascended  the  throne.  In  such  esti 
mation  was  this  victory  held,  that  the  head,  shirt-of-mail,  and  gold-embroidered 
vest  of  the  slain  warrior  were  carried  on  a  lance,  in  triumphant  procession, 
through  the  principal  cities  of  Spain,  and  then  deposited  as  sacred  trophies  in 
the  church  of  St.  Jerome  at  Cordova.  Hayraddin,  who  is  styled  by  the  old 
historians,  Barbarossa  II.,  succeeded  his  brother,  but,  feeling  his  position  inse 
cure,  he  tendered  the  sovereignty  of  Algiers  to  the  Grand  Seignior,  on  condi 
tion  of  being  appointed  viceroy  and  receiving  a  contingent  of  troops.  Sultan 
Selim,  gladly  accepting  the  offer,  sent  a  firman  creating  Hayraddin  pacha,  and 
a  force  of  2000  janizaries.  From  that  period,  the  Ottoman  supremacy  over 
the  Moorish  and  Morisco  inhabitants  of  Algiers  was  firmly  established. 

Piracy  upon  all  Christian  nations  was  still  vigorously  carried  on  from  Tunis 
and  other  ports  of  Barbary ;  but  the  harbor  of  Algiers  being  commanded  by 
the  island  fort  in  possession  of  the  Spaniards,  was  deprived  of  that  nefarious 
source  of  wealth.  This  island  was  long  the  '  Castle  Dangerous '  of  the  Span 
ish  service ;  nor  was  it  till  1530,  that,  betrayed  by  a  discontented  soldier,  it  fell 
into  the  hands  of  Hayraddin.  Don  Martin,  the  Spanish  governor,  who  had 
long  and  nobly  defended  the  isolated  rock,  was  brought  a  wounded  captive  be 
fore  the  truculent  pacha.  "  I  respect  you,"  said  Hayraddin,  "  as  a  brave  man 
and  a  good  soldier.  Whatever  favor  you  may  ask  of  me,  I  will  grant,  on  con 
dition  that  you  will  accede  to  whatever  I  may  request." 

"Agreed,"  replied  Don  Martin.  "Cut  off  the  head  of  the  base  Spaniard 
who  betrayed  his  countrymen." 

The  wretch  was  immediately  brought  in,  and  decapitated  on  the  spot. 

"Now,"  rejoined  Hayraddin,  "my  request  is  that  you  become  a  Mussul 
man,  and  take  command  of  my  army." 

"Never !"•  exclaimed  the  chivalrous  Don  Martin  ;  and  immediately,  at  a  sig 
nal  from  the  enraged  pacha,  a  dozen  yataghans  leaped  from  their  sheaths,  and 
the  faithful  Christian  was  cut  to  pieces  on  the  flobr  of  the  presence-chamber. 

The  island,  so  long  a  source  of  danger  and  annoyance  to  the  Algerines,  was 
now  made  their  safest  defense,  Hayraddin  conceiving  the  bold  idea  of  uniting 
it  to  the  mainland  by  a  mole  and  breakwater.  This  really  great  undertaking, 
which  still  evinces  the  engineering  and  mechanical  skill  of  its  promoters,  was 
the  work  of  thousands  of  wretched  Christian  slaves,  who  labored  at  it  inces 
santly  for  three  years  before  it  was  completed.  Thus  the  Algerhies  obtained  a 
commodious  harbor  for  their  shipping,  secure  against  all  storms,  and,  at  that 
time,  impregnable  to  all  enemies. 

In  1532,  the  people  of  Tunis  rebelling,  deposed  their  king,  and  invited  the  wil 
ling  Hayraddin  to  become  their  ruler.  With  this  increase  of  power  his  bold- 


74  CHRISTIAN   SLAVERY 

ness  increased  also.  Out  of  his  many  daring  exploits  at  this  period,  we  need 
mention  only  one.  Hearing  that  Julian  Gonzago,  the  wife  of  Vespasian  Co- 
lonna,  Count  of  Fondi,  was  the  most  beautiful  woman  in  Europe,  Hayraddin 
made  a  descent  in  the  night  on  the  town  of  Fondi ;  scaling  the  walls,  the  fierce 
Moslems  plundered  the  town,  and  carried  off  numbers  of  the  inhabitants  into 
slavery.  Fortunately,  the  countess  escaped  to  the  fields  in  her  night-dress, 
and  thus  evaded  the  clutches  of  the  pirate,  who,  to  revenge  his  disappointment, 
ravaged  the  whole  Neapolitan  coast  before  he  returned  to  Tunis. 

The  eyes  of  all  Europe  were  now  turned  imploringly  to  the  only  power  con 
sidered  capable  of  contending  with  this  'monstrous  scourge  of  Christendom.' 
The  Emperor  Charles  V.  eagerly  responded  to  the  appeal,  and  summoned  forth 
the  united  strength  of  his  vast  dominions  to  equip  the  most  powerful  armada 
that  had  ever  plowed  the  waves  of  the  Mediterranean ;  the  Low  Countries, 
Spain,  Italy,  Portugal,  and  Genoa,  furnished  their  bravest  veterans  and  best 
appointed  ships ;  the  Knights  of  St.  John  supplied  a  few  vessels,  small,  yet 
formidable  from  the  well-known  valor  of  the  chevaliers  who  served  in  them  ; 
the  pope  contributed  his  blessing ;  and  the  immense  armament,  inspired  with 
all  the  enthusiasm  of  the  Crusades,  but  directed  to  a  more  rational  and  legiti 
mate  object,  rendezvoused  at  Cagliari — a  convenient  harbor  of  Sardinia. 

Hayraddin,  aware  of  the  object  and  destination  of  this  vast  armament,  en 
ergetically  prepared  to  give  it  a  suitable  reception.  Night  and  day  the  mis 
erable  Christian  slaves,  rivetting  their  own  fetters,  were  employed  in  erecting 
new,  and  strengthening  old  fortifications ;  and  as  a  last  resource,  in  case  of 
defeat,  the  shrewd  pacha  sent  eighteen  sail  of  his  best  ships  to  Bona.  In  July, 
153T,  the  emperor's  fleet  was  descried  from  the  towers  of  Tunis ;  and  Hayrad 
din  made  the  last  dispositions  for  defense  by  placing  his  treasure,  seraglio,  and 
slaves  in  the  citadel,  under  a  strong  guard,  with  the  intention  of  retreating 
thither  if  the  city  and  port  were  taken. 

Charles,  after  landing  his  troops,  commenced  a  simultaneous  attack  by  land 
and  sea.  Hayraddin,  with  much  inferior  force,  yet  greater  advantage  of  po 
sition,  conducted  the  defense  with  skill  and  determination.  But  in  the  heat  of 
the  conflict,  the  Christian  slaves,  distracted  with  suspense,  and  excited  to  frenzy 
by  the  thunder  of  the  cannonade,  burst  their  bonds,  overpowered  their  guards, 
and  turned  the  guns  of  the  citadel  upon  their  Moslem  masters.  Hayraddin, 
then  seeing  that  the  day  was  irrecoverably  lost,  fled  with  the  remnant  of  his 
army  to  the  ships  at  Bona.  Charles  reinstated  the  deposed  king  of  Tunis  as 
his  vassal,  and  on  condition,  that  for  the  future,  all  Christians  brought  as  cap 
tives  to  Tunis  should  be  liberated  without  ransom.  With  20,000  Christians 
released  from  slavery  by  the  power  of  his  arms — the  noblest  trophy  conqueror 
ever  bore — Charles  returned  in  triumph  to  Europe.  Not  only  did  he  restore 
these  unfortunate  captives  to  liberty,  but  he  furnished  all  of  them  with  suita 
ble  apparel,  and  the  means  of  returning4  to  their  respective  countries.  Such 
munificence  spread  the  fame  of  Charles  over  all  the  world ;  for  though  it  en 
tailed  on  him  immense  expense,  he  had  personally  gained  nothing  by  the  con- 


IN  NORTHERN   AFRICA.  75 

quest  of  Tunis :  disinterestedly  he  had  fought  for  the  honor  of  the  Christian 
name,  for  Christian  security  and  welfare.  Yet  we  regret  to  have  to  add  one 
fact,  highly  characteristic  of  the  age  :  when  Charles  left  Africa,  he  also  carried 
off  10,000  Mohammedans  to  be  slaves  for  life,  chained  to  the  oars  in  the  gal 
leys  of  Spain,  Italy,  and  Malta. 

We  must  now  return  to  Hayraddin,  the  second  Barbarossa,  whom  we  left  in 
full  retreat  to  Bona,  where  he  had  sagaciously  sent  his  ships  to  be  out  of  harm's 
way  at  Tunis.  As  soon  as  he  arrived  at  Bona,  he  embarked  his  men,  and  put 
to  sea. 

"  Let  us  go  to  the  Levant,"  said  his  officers,  "  and  beg  assistance  from  the 
sultan." 

"  To  the  Levant,  did  you  say  ?"  exclaimed  the  incensed  pirate.  "  Am  I  a 
man  to  shew  my  back  ?  Must  I  fly  for  refuge  to  Constantinople  ?  Depend 
upon  it,  I  am  far  more  likely  to  attack  the  emperor's  dominions  in  Flanders. 
Cease  your  prating;  follow  me,  and  obey  orders."  Steering  for  Minorca,  he 
goon  appeared  off  the  well-fortified  harbor  of  Port  Mahon.  The  incautious 
Minorcans  believing  the  pirates  utterly  exterminated,  and  that  the  gallant  fleet 
entering  their  harbor  was  returning  from  the  conquest  of  Tunis,  ran  to  the  port 
to  greet  and  welcome  the  supposed  victors.  Not  a  gun  was  loaded,  not  a  bat 
tery  manned,  when  Hayraddin,  swooping  like  an  eagle  on  its  prey,  sacked  the 
town,  carried  off  an  immense  booty  in  money  and  military  stores,  and  with  6000 
captive  Minorcans,  returned  in  triumph  to  Algiers.  This  was  his  last  exploit 
that  falls  within  our  province  to  relate.  Earnestly  solicited  by  the  sultan,  he 
relinquished  the  pachalic  to  take  supreme  command  of  the  Ottoman  fleet. 
After  a  life  spent  in  stratagem  and  war,  he  died  at  an  advanced  age  ;  and  still 
along  the  Christian  shores  of  the  Mediterranean,  mothers  frighten  their  unruly 
children  with  the  name  of  Barbarossa. 

Hassan  Aga,  a  Sardinian  renegade,  was  next  appointed  to  the  vice-royalty. 
A  corsair  from  his  youth,  he  was  well  fitted  for  the  office,  and  during  his  rule 
the  piratical  depredations  increased  in  number  and  audacity.  The  continuous 
line  of  watch-towers  that  engirdle  the  southern  coast  of  Spain,  and  have  so 
picturesque  an  effect  at  the  present  day,  were  built  as  a  defense  against  Has 
san's  cruisers.  Once  more  all  Europe  turned  to  the  emperor  Charles  for  relief 
and  protection  Pope  Paul  III.  wrote  a  letter  imploring  him  "  to  reduce  Al 
giers,  which,  since  the  conquest  of  Tunis,  has  been  the  common  receptacle  of 
all  the  freebooters,  and  to  exterminate  that  lawless  race,  the  implacable  ene 
mies  of  the  Christian  faith."  Moved  by  such  entreaties,'and  thirsting  for  glory, 
Charles  equipped  a  fleet  equal  in  magnitude  to  that  with  which  he  had  con 
quered  Tunis.  A  navy  of  500  ships,  an  army  of  27,000  picked  men,  and  150 
Knights  of  Malta,  with  noblemen  and  gentlemen  volunteers  of  all  nations, 
many  of  them  English,  sailed  on  this  great  expedition.  To  oppose  such  a 
powerful  force,  Hassan  had  only  800  Turks  and  5000  Moors  and  Moriscos.  On 
arriving  at  Algiers,  Charles  summoned  the  pacha  to  surrender,  but  received  a 
most  contemptuous  reply.  The  troops  were  immediately  disembarked,  though 


76  CHRISTIAN  SLAVERY" 

with  great  difficulty,  owing  to  stormy  weather  ;  and  the  increasing  gale  cutting 
off  communication  with  the  fleet,  before  sufficient  stores  and  camp  equipage 
could  be  landed,  Charles  and  his  army  were  left  with  scanty  provision,  and  ex 
posed  to  torrents  of  rain.  A  night  passed  in  this  miserable  condition.  The 
next  day,  the  tempest  increased.  The  next  night,  the  troops,  exhausted  by 
want  of  food  and  exposure  to  the  elements,  were  unable  to  lie  down,  the  ground 
being  knee-deep  in  mud.  Hassan  was  too  vigilant  a  warrior  not  to  take  ad 
vantage  of  this  state  of  affairs.  Before  daybreak,  on  the  second  morning,  with 
a  strong  body  of  horse  and  foot,  he  sallied  out  upon  the  Christian  camp.  Weak 
from  hunger  and  want  of  rest,  benumbed  by  exposure  to  the  cold  and  rain, 
their  powder  wet,  and  their  matches  extinguished,  the  advanced  division  of 
Charles's  army  were  easily  defeated  by  Hassan's  fresh  and  vigorous  troops 
The  main  body  advanced  to  the  rescue,  and  after  a  sharp  contest,  Hassan's 
small  detachment  was  repulsed,  and  driven  back  into  the  city.  The  Knights 
of  Malta,  among  whom  a  chivalrous  emulation  existed  with  respect  to  which 
of  them  would  first  stick  his  dagger  in  the  gate  of  Algiers,  rashly  following 
the  retreating  Hassan,  led  the  army  up  to  the  city,  where  they  were  mowed 
down  in  hundreds  by  the  fire  from  the  walls.  Retreating  in  confusion  from  this 
false  position,  they  were  again  charged  by  Hassan's  impetuous  cavalry,  and  the 
Knights  of  Malta,  to  save  the  whole  army  from  destruction,  drew  up  in  a  body 
to  cover  the  rear.  Conspicuous  by  their  scarlet  upper  garments,  embroidered 
with  a  white  cross,  they  served  for  a  short  time  as  a  rallying-point ;  but  it  was 
not  till  Charles,  armed  with  sword  and  buckler,  joined  his  troops,  and  stimu 
lated  them  to  fresh  exertions  by  fighting  in  their  ranks,  that  the  Algerines  were 
compelled  to  return  to  their  strongholds.  In  this  desperate  conflict,  the  Knights 
of  Malta  were  nearly  all  killed.  Only  one  of  them,  Ponce  de  Saliguac,  the 
standard-bearer,  had  reached  and  stuck  his  dagger  in  the  gate,  but,  pierced 
with  innumerable  wounds,  he  did  not  live  to  enjoy  the  honor  of  the  foolhardy 
feat.  Another  night  of  tempest  and  privation  followed  this  discouraging  bat 
tle  ;  hundreds  of  the  debilitated  troops  were  blown  down  by  the  violence  of  the 
wind,  and  smothered  in  the  mud.  When  the  day  broke,  Charles  saw  200  of  his 
war-ships  and  transports,  containing  8000  men,  driven  on  shore,  and  such  of 
their  crews  as  were  not  swallowed  up  by  the  waves,  led  off  into  captivity  by 
the  exulting  enemy.  The  rest  of  the  fleet  sought  shelter  under  a  headland 
four  miles  off,  and  thither  Charles  followed  them ;  but  his  famished  troops,  con 
tinually  harassed  by  the  enemy,  were  two  days  in  retreating  that  short  distance. 
With  great  difficulty,  Charles,  and  a  small  remnant  of  his  once  powerful  army, 
reached  the  ships,  and  made  sail  from  the  inhospitable  coast.  So  many  cap 
tives  were  taken,  and  such  was  their  enfeebled  condition,  that  numbers  were 
sold  by  the  captors  for  an  onion  each.  "  Do  you  remember  the  day  when  your 
countryman  was  sold  for  an  onion  ?'  was  for  years  afterwards  a  favorite  taunt 
of  the  Algerine  to  the  Spaniard.  Enriched  with  slaves,  valuable  military  and 
naval  stores,  treasure,  horses,  costly  trappings — all  brought  to  their  own  doors — 
the  pride  of  the  Algerines  knew  no  bounds,  and  they  sneeringly  said  that 


IN   NORTHERN   AFRICA.  77 

Charles  brought  them  this  immense  plunder  to  save  them  the  trouble  of  going 
to  fetch  it.  Hassan  generously  refused  to  take  any  part  of  the  spoil,  saying 
that  the  honor  of  defeating  the  most  powerful  of  Christian  princes  was  quite 
sufficient  for  his  share. 

After  this  great  victory,  the  Algerines,  confident  of  the  impregnability  of 
their  city,  turned  their  attention  to  increasing  their  power  on  sea.     The  ves 
sels  hitherto  used  for  warlike  purposes  in  the  Mediterranean  were  galleys,  prin 
cipally  propelled  by  oars  rowed  by  slaves ;  and  in  quickness  of  manoeuvre  and 
capability  of  being  propelled  during  a  calm,  were  somewhat  analgous  to  the 
steam-boat  of  the  present  day,  and  had  a  decided  advantage  over  the  less  easily 
managed  sailing-vessels.     Not  constructed  to  mount  heavy  ordnance,  the  sys 
tem  of  naval  tactics  adopted  in  the  galleys  was  to  close  with  the  enemy,  when 
ever  eligible,  and  then  the  battle  was  fought  with  small-arms — arrows,  and  even 
stones,  being  used  as  weapons  of  attack  and  defense.      The  Algerines,  how 
ever,  laboring  in  their  vocation,  as  Falstaff  would  have  said,  captured  many 
large  ships  of  Northern  Europe,  built  for  long  voyages  and  to  contend  with 
stormy  seas.     Equipping  these  with  cannon,  they  were  enabled  to  destroy  the 
galleys  before  the  latter  could  close  with  them ;  and  thus  introducing  a  new 
system  of  naval  warfare,  they  gained  a  complete  ascendancy  in  the  waters  of  the 
Mediterranean.     Nor  did  they  long  confine  their  depredations  to  that  sea.    In 
1574,  an  Algerine  fleet  surprised  the  tunny  fishery  of  the  Duke  of  Medina,  near 
Cadiz,  and  captured  200  slaves ;  but  one  of  the  piratical  vessels  running  ashore, 
a  large  number  were  retaken  by  their  countrymen.     In  1585,  Morat,  a  cele 
brated  corsair,  landed  at  night  on  Lancelote,  one  of  the  Canary  Islands,  and 
carried   off  a  large  booty,  with  300  prisoners ;  among  whom  were  the  wife, 
mother,  and  daughter  of  the  Spanish  governor.     Standing  out  to  sea  the  next 
morning,  until  out  of  gun-range,  the  pirate  hove-to,  and  showing  a   flag  of 
truce,  treated  for  the  ransom  of  his  captives ;  and  afterwards,  eluding,  by  sea 
manship  and  cunning,  a  Spanish  fleet  waiting  to  intercept  him  at  the  mouth  of 
the  straits,  exultingly  returned  to  Algiers.     In  the  following  century,  pushing 
their  piracies  still   further,  the  English  Channel  became  one  of  their  regular 
cruising-grounds.     In  1631,  the  town  of  Baltimore,  in  Ireland,  was  plundered 
by  Morat  Rais,  a  Flemish  renegade,  and  237  men,  women,  and  children,  "  even 
to  the  babe  in  the  cradle,"  carried  off  into  captivity.      Aware  of  the  strong 
family  affections  of  the  Irish,  we  can  well  believe  Pierre  Dan,  a  Iledemptionist 
monk,  who  saw  those  poor  creatures  in  Algiers.     He  says  :     "  It  was  one  of 
the  most  pitiable  of  sights  to  see  them  exposed  for  sale.     There  was  not  a 
Christian  in  Algiers  who  did  not  shed  tears  at  the  lamentations  of  these  cap 
tives  in  the  slave-market,  when  husband  and  wife,  mother  and  child,  were  sep 
arated.*      Is  it  not,"  indignantly  adds  the  worthy  father,  "  making  the  Al 
mighty  a  bankrupt,  to  sell  His  most  precious  property  in  this  manner  ?"   About 
the  same  time,  two  corsairs,  guided  by  a  Danish  renegade,  proceeded  as  far  as 

*  At  a  later  period,  the  Algerines  did  not  separate  slave-families. 


78  CHRISTIAN  SLAVERY 

Iceland,  where  they  captured  no  less  than  800  persons,  a  few  of  whom  wer« 
ransomed  several  years  afterwards  by  Christian  IV.,  king  of  Denmark. 

The  existence  of  such  an  organized  system  of  piracy  may  well  excite  our 
wonder  at  the  present  day ;  but  the  truth  is,  that  since  the  time  of  the  Vikings, 
to  the  latter  part  of  the  last  century,  the  high  seas  were  never  clear  of  pirates 
belonging  to  one  nation  or  another.     Besides,  the  commercial  jealousies  and 
almost  continual  wars  of  the  European  nations,  prevented  them  from  uniting 
to  crush  the  Barbary  rovers.     The  English  and  Dutch  maintained  an  extensive 
commerce  with  the  Algerines,  supplying  them  with  gunpowder,  arms,  and  na 
val  stores ;  and  found  it  more  profitable  to  pay  their  customers  a  heavy  tribute 
for  a  sort  of  half-peace,  than  to  be  at  open  war  with  them.     De  Witt,  the  fa 
mous  Dutch  admiral  and  statesman,  in  his  Interest  of  Holland,  thus  views  the 
question:    "Although,"  he  says,  "our  ships  should  be  well  guarded  by  con 
voys  against  the  Barbary  pirates,  yet  it  would  by  no  means  be  proper  to  free 
the  seas  from  those  freebooters — because  we  should  thereby  be  put  on  the  same 
footing  as  the  French,  Spanish,  and  Italians  ;  wherefore  it  is  best  to  leave  that 
thorn  in  the  sides  of  those  nations."     An  p]nglish  statesman,  in  an  official  pa 
per  written  in  1671,  amongst  other  objections  to  the  surrender  of  Tangier, 
urges  the  advantage  of  making  it  an  open  port  for  the  Barbary  pirates  to  sell 
their  prizes  and  refit  at,  in  the  same  manner  as  they  were  permitted  to  do  in 
the  French  ports.     It  is  an  actual  fact  that,  in  the  seventeenth  century,  when 
England  and  France  were  at  peace,  Algerine  cruisers  frequently  landed  their 
English  captives  at  Bordeaux,  whence  they  were  marched  in  handcuffs  to  Mar 
seille,  and  there  reshipped  in  other  vessels,  and  taken  to  Algiers.     This  pro 
ceeding  was  to  avoid  the  risk  of  recapture  in  the  Straits  of  Gibraltar,  and  also 
to  allow  the  pirates  to  remain  out  longer  on  their  cruise,  enencumbered  with 
prisoners.     Numerous  instances  of  the  complicity  of  European  powers  with 
this  nefarious  system  might  be  adduced.     Sir  Cloudesley  Shovel,  in  1703,  pro 
tected  a  Barbary  pirate  from  receiving  a  well-merited  chastisement  from  a 
Dutch  squadron ;  but  that  need  not  surprise  the  reader,  for  at  the  same  time 
the  gallant  admiral  had  power  under  the  Great  Seal  to  visit  Algiers,  Tunis,  and 
Tripoli,  make  tine  usual  presents,  and  'if  he  could  prevail  with  them  to  make 
war  against  France,  and  that  some  act  of  hostility  was  thereupon  committed, 
he  was  to  give  such  further  presents  as  he  should  think  proper.' 

The  political  system  of  the  Algerines  requires  a  few  words.  The  authority 
of  the  Porte  was  soon  shaken  off,  and  then  the  janizaries,  or  soldiers,  forming 
a  kind  of  aristocratic  democracy,  chose  a  governor  from  their  own  number,  un 
der  the  familiar  title  of  Dey  (Uncle) ;  and  ruled  the  native  Moors  as  an  infe 
rior  and  conquered  race.  Neither  Moor  nor  Morisco  was  permitted  to  have 
any  voice  in  the  government,  or  to  hold  any  office  under  it ;  the  wealthiest  na 
tive,  if  he  met  a  janizary  in  the  street,  had  to  give  way  to  let  the  proud  soldier 
pass.  The  janizaries  were  all  either  Turks  or  renegades  (slaves  who  had  turned 
Mohammedans) :  so  strictly  was  this  rule  carried  out,  that  the  eon  of  a  jani 
zary  by  a  Moorish  woman  was  not  allowed  the  privileges  of  his  father,  though 


*  , 

IN   NORTHERN   AFRICA.  79 

the  offspring  of  a  janizary  and  a  Christian  slave  was  recognized  as  one  of  the 
dominant  race.  The  janizaries  were  in  number  about  12,000  ;  their  ranks  were 
annually  recruited  by  renegades  and  adventurous  Turks  from  the  Levant ;  they 
served  by  sea  as  well  as  by  land,  and  were  employed  in  controlling  the  tribu 
tary  native  chiefs  of  the  interior,  and  sailing  in  the  piratical  cruisers.  Piracy 
being  the  basis  of  this  system,  the  whole  foreign  policy  of  the  Algerines  con 
sisted  in  claiming  the  right  of  maintaining  constant  war  with  all  Christian  na 
tions  that  did  not  conciliate  them  by  tribute  and  treaties.  When  a  European 
consul  arrived  at  Algiers,  he  always  carried  a  large  present  to  the  dey,  and  as 
the  latter  would,  in  a  short  time,  quarrel  with  and  send  away  the  consul,  in  ex 
pectation  of  receiving  the  usual  present  with  his  successor,  it  was  found  more 
convenient  to  make  an  occasional  present,  than  incur  the  trouble  and  risk  of  a 
continual  change  of  consuls.  In  course  of  time,  these  occasional  presents  be 
came  a  tribute  of  17,000  dollars,  regularly  paid  every  two  years. 

The  miseries  of  Algeriue  bondage  have  long  been  proverbial  over  all  the 
Christian  world,  yet  they  appear  light  when  calmly  examined  and  contrasted 
with  other  systems  of  slavery.  Most  travelers  in  Mohammedan  countries  have 
remarked  the  general  kindness  with  which  slaves  are  treated.  General  Eaton, 
consul  of  the  United  States  at  Tunis  in  1799,  writes  thus  :  "  Truth  and  justice 
demand  from  me  the  confession,  that  the  Christian  slaves  among  the  barbarians 
of  Africa  are  treated  with  more  humanity  than  the  African  slaves  among  the 
Christians  of  civilized  America."  John  Wesley,  when  addressing  those  con 
nected  with  the  negro  slave-trade,  said :  "  You  have  carried  them  into  the 
vilest  slavery,  never  to  end  but  with  life — such  slavery  as  is  not  to  be  found 
with  the  Turks  at  Algiers."  In  fact,  the  creed  of  Islam,  not  recognizing  per 
petual  and  unconditional  bondage,  gave  the  slave  a  right  of  redemption  by 
purchase,  according  to  a  precept  of  the  Koran.  This  right  of  redemption  was 
daily  claimed  and  acknowledged  in  Barbary  ;  and  though  it  was  only  the  richer 
class  that  could  immediately  benefit  by  it,  yet  it  was  a  great  alleviation  to  the 
general  hardship  of  the  system ;  and  numbers  of  the  poorer  captives,  by  exer 
cise  of  their  various  trades  and  professions,  realized  money,  and  were  in  a  short 
time  able  to  redeem  themselves.  Again,  no  prejudice  of  race  existed  in  the 
mind  of  the  master  against  his  unhappy  bondsman.  The  meanest  Christian 
slave,  on  becoming  a  Mohammedan,  was  free,  and  enrolled  as  a  janizary,  hav 
ing  superior  privileges  even  to  the  native  Moor  or  Morisco,  and  he  and  his 
descendants  were  eligible  to  the  highest  offices  in  the  state.  Ladies,  when 
captured,  were  invariably  treated  with  respect,  and,  till  ransomed,  lodged  in  a 
building  set  apart  for  that  purpose,  under  the  charge  of  a  high  officer,  similar 
to  our  mayor.  The  most  perfect  toleration  was  extended  to  the  exercise  of 
the  Christian  religion  ;  the  four  great  festivals  of  the  Roman  Church — Christ 
mas,  Easter,  and  the  nativities  of  St.  John  and  the  Virgin — were  recognized 
as  holidays  for  the  slaves.  We  read  of  a  large  slaveholder  purchasing  a  priest 
expressly  for  the  spiritual  comfort  of  his  bondsmen  ;  and  of  other  masters  who 
regularly,  once  a  week,  marched  their  slaves  off  to  confession.  The  Algerines 


OU  CHRISTIAN  SLAVERY 

were  shrewd  enough  to  prefer  a  religious  slave  to  his  less  conscientious  fellows. 
"Christianity,"  they  used  to  say,  "was  better  for  a  man  than  no  religion  at 
all."  Nor  were  they  zealous  to  make  adult  converts.  "A  bad  Christian," 
they  said,  "can  never  make  a  good  Mussulman."  It  was  only  slaves  of  known 
good  character  and  conduct  who  were  received  into  the  Moslem  community. 
Children,  however,  were  brought  up  Mohammedans,  adopted  in  families,  and 
became  the  heirs  of  their  adoptors.  Captured  ecclesiastics  were  treated  with 
respect,  never  set  to  work,  but  allowed  to  join  the  religious  houses  established 
in  Algiers. 

One  of  the  greatest  alleviations  to  the  miseries  of  the  captives  was  the  hos 
pital  founded  for  their  benefit,  by  that  noble  order  of  monks,  the  Trinitarian 
Brothers  of  Redemption.  This  order  was  instituted  in  1188,  during  the  pon 
tificate  of  Innocent  III.  Its  founder,  Jean  Matha,  was  a  native  of  Provence, 
and,  accordiug  to  the  old  chronicles,  a  saint  from  his  birth ;  for  when  a  baby 
at  the  breast,  he  voluntarily  abstained  every  fast-day  !  Having  entered  the 
priesthood,  on  performing  his  first  mass,  an  extraordinary  vision  was  witnessed 
by  the  congregation.  An  angelic  being,  clothed  in  white  raiment,  appeared 
above  the  altar,  with  an  imploring  expression  of  countenance,  and  arms  cross 
ed  ;  his  hands  were  placed  on  the  heads  of  two  fettered  slaves,  as  if  he  wished 
to  redeem  them.  The  fame  of  this  miracle  soon  spread  to  Rome.  Journey 
ing  thither,  Matha  said  mass  before  the  pope ;  and  the  wonderful  apparition 
being  repeated,  Innocent  granted  the  requisite  concessions  for  instituting  the 
order  of  Redemptionists,  whose  sole  object  was  to  collect  alms,  and  apply 
them  to  the  relief  and  redemption  of  Christian  slaves.  With  whatever  degree 
of  suspicion  such  conventual  legends  may  be  regarded,  it  is  gratifjjjug  to  find 
that  the  order  was  truly  a  blessed  charity,  and  that  Englishmen  were 
among  the  earliest  and  most  zealous  of  its  members.  Within  a  year  from  its 
institution,  Brother  John,  of  Scotland,  a  professor  at  Oxford,  and  Brother 
William,  of  England,  a  priest  in  London,  departed  on  the  first  voyage  of 
redemption,  and  after  many  dangers  and  hardships,  returned  from  the  East 
with  1286  ransomed  slaves.  It  was  not,  however,  till  1551,  that  the  order 
was  enabled  to  form  a  regular  establishment  in  Algiers.  In  that  year,  Brother 
Sebastian  purchased  a  large  building,  and  converted  it  into  an  hospital  for  sick 
and  disabled  slaves.  As  neither  work  nor  ransom  could  be  got  out  of  a  dead 
slave,  the  masters  soon  perceived  the  benefit  of  the  hospital,  and  they  levied  a 
tax  on  all  Christian  vessels  frequenting  the  port  to  aid  in  sustaining  it.  Among 
so  many  captives,  there  were  always  plenty  of  experienced  medical  men  to 
perform  the  requisite  duties  ;  and  no  inconsiderable  revenue  to  the  funds  of  the 
institution  was  derived  by  dispensing  medicines  and  advice  to  the  Moslems. 
A  Father  Administrator  and  two  brothers  of  the  order  constantly  resided  in 
Algiers  to  manage  the  affairs  of  the  hospital,  which  from  time  to  time  was 
extended  and  improved,  till  it  became  one  of  the  largest  and  finest  buildings 
in  the  city.  The  owners  of  slaves  who  received  the  benefit  of  this  charity, 
contributed  nothing  towards  it,  but  on  each  slave  being  admitted,  his  proprie- 


IN  NORTHERN  AFRICA.  Ol 

tor  paid  one  dollar  to  the  Father  Administrator,  which,  if  the  patient  recover 
ed,  was  returned  to  the  master,  but  if  he  died,  was  kept  to  defray  his  funeral 
expenses.  For  a  long  period,  there  was  no  place  of  interment  allotted  to  the 
captives ;  their  dead  bodies  were  thrown  outside  the  city  walls,  to  be  devoured 
by  the  hordes  of  street-dogs  which  infest  the  towns  of  Mohammedan  countries. 
At  length,  by  the  noble  self-denial  of  a  private  individual,  whose  name,  we 
regret  to  say,  we  are  unable  to  trace,  a  slave's  burial  ground  was  obtained.  A 
Capuchin  friar,  the  friend  and  confessor  of  Don  John  of  Austria,  natural  so 
of  the  Emperor  Charles  V.,  was  taken  captive.  Knowing  the  esteem  in  which 
he  was  held  by  the  prince,  an  immense  sum  was  demanded  for  his  ransom. 
The  money  was  immediately  forwarded ,  but  instead  of  purchasing  his  freedom, 
the  disinterested  philanthropist  bought  a  piece  of  ground  for  a  burial-place  for 
Christian  slaves,  and,  devoting  himself  to  solace  the  spiritual  and  temporal 
wants  of  his  unhappy  co-religionists,  uncomplainingly  passed  the  rest  of  his 
life  in  exile  and  captivity. 

A  few  years  after  the  founding  of  this  House  of  the  Spanish  Hospital,  as  it 
was  termed,  another  Christian  religious  establishment,  the  House  of  the  French 
Mission,  was  planted  in  Algiers.  A  certain  Duchess  d'Eguillon,  at  the  sug 
gestion  of  the  celebrated  philanthropist  Vincent  de  Paul,  who  had  himself 
been  an  Algerine  captive,  commenced  this  good  work  by  an  endowment  of 
4,000  livres  per  annum.  These  two  religious  houses  were  exempted  from  all 
duties  or  taxes,  and  mass  was  performed  in  them  daily  with  all  the  pomp  and 
splendor  of  the  Romish  Church.  There  was  also  a  chapel  in  each  of  the  six 
bagnes — the  prisons  where  the  slaves  were  confined  at  night — in  which  service 
was  performed  on  Sundays  and  holidays.  The  Greek  Church  had  also  a  chapel 
and  small  establishment  in  one  of  the  bagnes.  Brother  Comelin,  of  the  order 
of  redemption,  tells  us,  in  his  Voyage,  that  they  celebrated  Christmas  in  the 
Spanish  Hospital  "  with  the  same  liberty  and  as  solemnly  as  in  Christendom. 
Midnight  mass  was  chanted  to  the  sound  of  trumpets,  drums,  flutes,  and  haut 
boys  ;  so  that  in  the  stillness  of  night  the  infidels  heard  the  worship  of  the 
true  God  over  all  their  accursed  city,  from  ten  at  night  till  two  in  the  morning." 
Such  wag  Mohammedan  toleration  in  Algiers,  at  the  period,  too,  we  should 
recollect,  of  the  high  and  palmy  days  of  the  Inquisition.  We  may  easily  con 
ceive  what  would  have  been  the  fate  of  the  infidels  if  they,  by  any  chance,  had 
invaded  the  midnight  silence  of  Rome  or  Madrid  with  the  sounds  of  their 
worship.  The  only  exceptions  to  the  general  good  treatment  and  respect  be 
stowed  upon  Christian  ecclesiastics  in  Algiers  was,  when  inspired  by  a  furious 
zeal  for  martyrdom,  they  openly  insulted  the  Mohammedan  religion ;  or  when 
the  populace  were  excited  by  forced  conversions  and  other  intolerant  cruelties 
practiced  upon  Mussulman  slaves  in  Europe.  We  shall  briefly  mention  two 
instances  of  such  occurrences. 

One  Pedro,  a  brother  of  Redemption,  had  traveled  to  Mexico  and  Peru, 
and  collected  in  those  rich  countries  a  vast  amount  of  treasure  for  the  order. 
He  then  went  to  Algiers,  where  he  employed  half  the  money  in  ransoming 
6 


82  CHRISTIAN  SLAVERY 

captives,  and  the  other  half  in  repairing  and  increasing  the  usefulness  of  the 
hospital,  where  he  resided,  constantly  attending  and  consoling  the  sick  slaves. 
At  last,  thirsting  for  martyrdom,  he  one  day  rushed  into  a  mosque,  and,  with 
crucifix  in  hand,  cursed  and  reviled  the  false  Prophet  Mohammed.  In  all 
Mohammedan  countries,  the  penalty  of  this  offense  is  death.  But  so  much 
were  the  piety  and  good  works  of  Pedro  respected  by  the  Algerine  govern 
ment,  that  they  anxiously  endeavored  to  avoid  inflicting  the  punishment  of 
their  law.  Earnestly  they  solicited  him,  with  promise  of  free  pardon,  to  ac 
knowledge  that  he  was  intoxicated  or  deranged  when  he  committed  the  rash 
act,  but  in  vain.  Pedro  was  burned ;  and  one  of  his  leg-bones  was  long  care 
fully  preserved  as  a  holy  relic  in  the  Spanish  Hospital. 

In  1612,  a  young  Mohammedan  lady,  fifteen  years  of  age,  named  Fatima, 
daughter  of  Meheniet  Aga,  a  man  of  high  rank  in  Algiers,  when  on  her  way 
to  Constantinople  to  be  married,  was  captured  by  a  Christian  cruiser,  carried 
into  Corsica,  and  a  very  large  sum  of  money  demanded  for  her  ransom.  The 
distressed  father  speedily  sent  the  money  by  two  relatives,  who  were  furnished 
with  safe-conduct  passes  by  the  brothers  of  Redemption.  On  their  arrival  in 
Corsica,  they  were  informed  that  the  young  lady  had  become  a  Christian,  was 
christened  Maria  Eugenia,  and  married  to  a  Corsican  gentleman ;  and  that  the 
money  brought  for  her  ransom  must  be  appropriated  as  her  dowry.  The  rela 
tives  were  permitted  to  see  Maria ;  she  declared  her  name  was  still  Fatima ; 
and  that  her  baptism  and  marriage  were  forced  upon  her.  The  return  of  the 
relatives  without  either  the  lady  or  the  money  caused  great  excitement  in  Al 
giers.  By  way  of  retaliation,  the  brothers  of  Redemption  were  loaded  with 
chains,  and  thrown  into  prison,  and  compelled  to  pay  Mehemet  Aga  a  sum 
equal  to  that  which  he  had  sent  for  his  daughter's  ransom.  In  a  short  time, 
however,  they  were  released,  and  permitted  to  resume  their  customary  duties. 

When  returning  from  a  successful  cruise,  as  soon  as  an  Algerine  corsair  ar 
rived  within  sight  of  the  harbor,  her  crew  commenced  firing  guns  of  rejoicing 
and  triumph,  and  continued  them  at  intervals  until  she  came  to  anchor.  Sum 
moned  by  these  signals  of  success,  the  inhabitants  would  flock  in  numbers  to 
the  port,  there  to  learn  the  value  of  the  prize,  the  circumstances  of  its  capture, 
and  to  congratulate  the  pirates.  Morgan,  a  quaint  old  writer,  many  years 
attached  to  the  British  consulate,  says :  "  These  are  the  times  when  Algiers 
very  visibly  puts  on  a  quite  new  countenance,  and  it  may  well  be  compared  to 
a  great  bee-hive.  All  is  hurry,  every  one  busy,  and  a  cheerful  aspect  succeeds 
a  strange  gloom  and  discontent,  like  what  is  to  be  seen  everywhere  else,  when 
the  complaint  of  dullness  of  trade,  scarcity  of  business,  and  stagnation  of  cash 
reigns  universal ;  and  which  is  constantly  to  be  seen  in  Algiers  during  every 
interval  between  the  taking  of  good  prizes."  The  dey  received  the  eighth  part 
of  the  value  of  all  prizes,  for  the  service  of  the  government,  and  had  the  priv 
ilege  of  selecting  his  share  of  the  captives,  who  were  brought  from  the  vessel 
to  the  court-yard  of  his  palace,  where  the  European  consuls  attended  to  claim 
any  of  their  countrymen  who  might  be  considered  free  in  accordance  with  the 


IN  NORTHERN  AFRICA.  S3 

terms  of  previous  treaties.  In  many  instances,  however,  little  respect  was  paid 
by  the  strong-handed  captors  to  such  documents.  The  following  reply  of  one 
of  the  deys  to  a  remonstrance  of  the  English  consul,  contains  the  general  an 
swer  given  on  such  occasions:  "The  Algerines  being  born  pirates,  and  not 
able  to  subsist  by  any  other  means,  it  is  the  Christians'  business  to  be  always 
on  their  guard,  even  in  time  of  peace ;  for-if  we  were  to  observe  punctilios  with 
all  those  nations  who  purchase  peace  and  liberty  from  us,  we  might  set  fire  to 
our  shipping,  and  become  degraded  to  be  camel-drivers."  When  the  newly 
made  captives  were  mustered  in  the  dey's  court-yard,  their  names,  ages,  coun 
tries,  and  professions,  were  minutely  taken  down  by  a  hojia,  or  government 
secretary,  appointed  for  the  purpose ;  and  then  the  dey  proceeded  to  make  his 
selection  of  every  eighth  person,  and  of  course  took  care  to  choose  such  as, 
from  their  appearance  and  description,  were  likely  to  pay  a  smart  ransom,  or 
those  acquainted  with  the  more  useful  professions  and  the  mechanical  arts. 
After  the  dey  had  taken  his  share,  the  remainder  of  the  prisoners,  being  the 
property  of  their  captors,  were  taken  to  the  bestian,  or  slave-market,  and  ap 
praised,  a  certain  value  being  set  upon  each  individual.  From  the  slave-market 
the  unfortunates  were  then  led  back  to  the  court-yard,  and  there  sold  by  public 
auction ;  and  whatever  price  was,  obtained  higher  than  the  valuation  of  the 
slave-market,  became  the  perquisite  of  the  dey. 

The  government,  or,  in  other  words,  the  dey,  was  the  largest  slaveholder  in 
Algiers.  All  the  slaves  belonging  to  the  government  were  termed  deylic  slaves, 
and  distinguished  by  a  small  ring  of  iron  fastened  round  the  wrist  or  ankle ; 
and  excepting  those  who  were  employed  in  the  palace,  or  hired  out  as  domestic 
servants,  were  locked  up  every  night  in  six  large  buildings  called  bagnes. 
Rude  beds  were  provided  in  the  bagnes,  and  each  deylic  slave  received  three 
small  loaves  of  bread  per  day,  and  occasionally  some  coarse  cloth  for  clothing. 
All  the  carpenters,  blacksmiths,  masons,  ropemakers,  and  others  among  the 
deylic  slaves  who  worked  at  trades  connected  with  house  and  ship-building, 
received  a  third  part  of  what  they  earned,  when  hired  out  to  private  persons, 
and  even  the  same  sum  was  paid  to  them  when  employed  on  government  works. 
Besides,  both  at  the  laying  down  of  the  keel  and  launch  of  a  new  ship,  a  hand 
some  gratuity  was  given  to  all  the  slave-mechanics  employed  upon  her.  Indeed, 
all  the  work  connected  with  ship-building  was  performed  by  Christian  slaves. 

The  janizaries  never  condescended  to  do  any  kind  of  work ;  the  native  Moors 
were  too  lazy  and  too  ignorant ;  and  the  Moriscos  being  forbidden,  by  the 
jealons  policy  of  the  dominant  Turkish  race,  to  practice  the  arts  they  brought 
with  them  from  Spain,  sank,  after  the  first  generation,  to  a  level  with  the  native 
Moor.  Shipwrights  were  consequently  well  treated,  many  of  them  earning 
better  wages  than  they  could  in  their  own  countries.  Numbers  were  thus  en 
abled  to  purchase  their  freedom  ;  but  many  more,  seduced  by  the  sensual  de 
baucheries  so  prevalent  wherever  slavery  is  recognized,  preferred  remaining  in 
Algiers  as  slaves  or  renegades,  to  returning  as  freemen  to  their  native  lands. 
Deylic  slaves,  when  hired  out  as  sailors,  received  one  third  of  their  hire,  and 


84  CHRISTIAN  SLAVEEY 

one-third  of  a  freeman's  share  in  the  prize-money.  Invariably  at  the  hour  oi 
prayer  termed  Al  Aasar,  all  work  was  stopped  for  the  day,  and  the  remaining 
three  hours  between  that  time  and  sunset  were  allowed  to  the  slaves  for  their 
own  use  ;  on  Friday,  the  Mohammedan  Sabbath,  they  were  never  set  to  work ; 
and  besides  the  Christian  holidays  already  mentioned,  they  had  a  week's  rest 
during  the  seasom  of  Ramadam.  Such  of  the  deylic  slaves  as  were  employed 
at  the  more  laborious  work  of  drawing  and  carrying  timber,  stone,  and  other 
heavy  articles,  were  divided  into  gangs,  and  taken  out  to  work  only  on  alternate 
days. 

Many  slaves  never  did  an  hour's  work  during  their  captivity ;  for  by  the 
payment  of  a  monthly  sum,  equivalent  to  about  seventy  cents  of  our  money, 
any  one  might  be  exempted  from  labor ;  and  even  those  who  could  afford  to 
fee  their  overseers  only  with  a  smaller  sum,  were  put  to  the  lightest  description 
of  toil.  Slaves  when  in  treaty  for  ransom  were  never  required  to  work ;  and 
as  no  person  was  permitted  to  leave  Algiers  in  debt,  money  was  freely  lent  at 
moderate  interest  to  those  whose  circumstances  entitled  them  to  hope  for  ran 
som.  Money,  also,  was  readily  obtained  through  the  Jews,  by  drawing  bills 
of  exchange  on  the  various  mercantile  cities  of  Europe.  Many  slaves,  how 
ever,  by  working  at  trades  and  other  means,  were  enabled  to  pay  the  tax  for 
immunity  from  public  labor,  and  support  themselves  comfortably  in  the  bagnes. 
Of  this  latter  class  were  tailors,  shoemakers,  and,  strange  to  say,  a  good  many 
managed  to  live  well  by  theft  alone.  In  each  bagne  were  five  or  six  licensed 
wine-shops,  kept  by  slaves.  This  was  the  most  profitable  business  open  to  a 
captive — a  wine-shop  keeper  frequently  making  the  price  of  his  ransom  in 
one  year ;  but,  preferring  wealth  to  liberty,  these  persons  generally  remained 
slaves  until  they  were  able  to  retire  with  considerable  fortunes.  As  there  was 
constantly  free  ingress  and  egress  to  and  from  all  the  bagnes  during  the  day, 
the  wine-shops  were  always  crowded  with  people  of  all  nations ;  and  though 
nominally  for  the  use  of  the  slaves,  yet  the  renegades,  who  had  not  forgotten 
their  relish  for  wine,  drank  freely  therein  ;  and  even  many  of  the  "  turbaned 
Turks,"  forgetting  the  law  of  their  Prophet,  copiously  indulged  in  the  forbidden 
beverage.  The  Moslem,  however,  was,  like  Cassio,  choleric  in  his  drink,  and 
frequently,  brandishing  his  weapon,  and  threatening  the  lives  of  all  about  him, 
would  refuse  to  pay  his  shot.  As  no  Christian  dare  strike  a  Mussulman,  an 
ingenious  device  was  resorted  to  on  such  occasions.  A  stout  slave,  regularly 
employed  for  the  purpose,  would,  at  a  signal  from  the  landlord,  adroitly  drop 
a  short  ladder  over  the  reeling  brawler's  head ;  by  this  means,  without  striking 
a  blow,  he  was  speedily  brought  to  the  ground,  where  he  was  secured  till  his 
senses  were  restored  by  sleep ;  and  then,  if  found  to  hare  no  money,  the  land 
lord  was  entitled  to  retain  his  arms  until  the  reckoning  was  paid. 

The  largest  private  slaveholder  in  Algiers  was  one  Alii  Pichellin,  Capitan 
Pasha,  or  High- Admiral  of  the  fleet,  who  flourished  about  the  middle  of  the 
seventeenth  century,  and  holds  a  conspicuous  position  in  the  Algerine  history 
of  the  period.  He  generally  possessed  from  800  to  900  slaves,  whom  he  kept 


IN  NORTHERN  AFRICA.  85 

in  a  bagne  of  his  own.  Emanuel  d'Aranda,  a  Flemish  gentleman,  who  was 
for  some  time  Pichellin's  slave,  gives  a  curious  account  of  bague-life  as  he  wit 
nessed  it.  The  bagiie  resembled  a  long  narrow  street,  with  high  gates  at  each 
end,  which  were  shut  every  evening  after  the  slaves  were  mustered  at  sunset,  and 
opened  at  sunrise  every  morning.  Though  the  deylic  slaves  each  received  three 
loaves  of  bread  per  day  for  their  sustenance,  Pichellin  never  gave  any  food 
whatever  to  his  slaves,  unless  they  were  employed  at  severe  labor ;  for  he  said 
that  "a  man  was  unworthy  the  name  of  slave,  if  he  could  not  earn  or  steal 
between  Al  Aasar  and  Al  Magrib,"  (the  three  hours  before  sunset  allowed  to 
the  slaves,)  "  sufficient  to  support  him  for  the  rest  of  the  day."  We  may  ob 
serve  here,  that  a  Moor,  Morisco,  or  Jew,  if  detected  in  a  theft,  was  punished 
by  the  loss  of  his  right  hand,  and  by  being  opprobiously  paraded  through  the 
streets  mounted  upon  an  ass.  At  the  same  time,  neither  Moor  nor  Jew  dare 
even  accuse  a  janizary  of  so  disgraceful  a  crime.  Slaves,  however,  might 
steal  from  Moor  or  Jew  with  open  impunity ;  for  even  if  caught  in  the  act, 
neither  dare  strike  a  slave ;  and  if  complaint  was  made  to  the  dey,  he  would 
merely  order  the  restitution  of  the  stolen  goods,  refusing  to  inflict  punishment 
on  the  following  grounds  :  "  That  as  the  Koran  did  not  condemn  a  man  who 
stole  to  satisfy  his  hunger,  and  as  a  slave  was  not  a  free  agent,  but  compelled 
to  depend  upon  his  master  for  food,  he  could  not  legally  be  punished  for  theft." 
Under  such  circumstances,  we  may  readily  believe  that  the  bagnes,  and  espe 
cially  that  of  Pichellin,  were  complete  dens  of  thieves.  Every  evening,  as 
soon  as  the  gates  were  closed,  the  plunder  of  the  day  was  brought  forth  and 
sold  by  auction ;  the  sale  being  conducted,  to  the  great  amusement  of  the 
slaves,  with  all  the  Turkish  gravity  and  formality  of  the  slave-market.  Articles 
not  thus  disposed  of  were  left  in  the  hands  of  one  of  the  captives,  who  made 
it  his  business,  for  a  small  commission,  to  negotiate  between  the  loser  and  the 
thief,  and  accept  ransom  for  the  stolen  property.  An  Italian  in  Pichellin's 
bagne,  named  Fontimaua,  was  so  expert  and  confident  a  thief,  that  without 
possessing  the  smallest  fraction  of  money  in  the  morning,  he  would  invite  a 
party  of  friends  to  sup  with  him  in  the  evening,  trusting  to  his  success  in 
thieving  through  the  day  to  provide  the  materials  for  the  feast.  Of  course  no 
satisfaction  was  obtained  when  the  sufferers  complained  to  Pichellin.  "  The 
Christians,"  he  would  say,  "are  all  pilfering  rascals.  I  cannot  help  it.  You 
must  be  more  careful  for  the  future.  Have  you  yet  to  learn  that  all  my  slaves 
wear  hooks  at  the  ends  of  their  fingers  ?  "  Indeed,  he  seems  to  have  recog 
nized  the  slaves'  right  of  theft  so  fully,  that  he  was  not  angry  when  he  himself 
became  the  victim.  On  one  occasion,  Fontimana  stole  and  sold  the  anchor  of 
his  master's  galley.  "  How  dare  you  sell  my  anchor,  you  Christian  dog  ?  " 
said  Pichelliu.  "I  thought,"  replied  the  thief,  "that  the  galley  would  sail 
better  without  the  additional  weight."  The  master  laughed  at  the  impudent 
reply,  and  said  no  more  on  the  subject.  Another  characteristic  anecdote  is 
recorded  of  Pichellin  and  a  Portuguese  slave,  his  confidential  steward  and 
chamberlain.  One  day,  when  cruising  off  the  coast  of  Portugal,  the  Capitan 


OD  CHRISTIAN  SLAVERY 

Pasha  ran  his  vessel  close  in  towards  the  land,  and  having  ordered  the  small 
boat  to  be  lowered,  called  the  slave,  and  pointing  to  the  beach,  said  :  "  There 
is  your  native  country.  You  have  served  me  faithfully  for  seventeen  years.  I 
now  give  you  your  freedom."  The  Portuguese,  falling  on  his  knees,  kissed  the 
hem  of  his  late  master's  robe,  and  was  profuse  in  his  thanks ;  but  Pichellin 
stopped  him,  coolly  saying :  "  Do  not  thank  me,  but  G-od,  who  put  it  into  my 
heart  te  restore  you  to  liberty."  While  the  boat  was  being  prepared  to  land 
him,  the  Portuguese,  apparently  overpowered  with  feelings  of  joy,  descended 
into  the  cabin,  as  if  to  conceal  his  emotions,  but  in  reality  to  steal  Pichellin's 
most  valuable  jewels  and  other  portable  property,  which  he  quickly  concealed 
round  his  person.  As  soon  as  the  boat  was  ready,  Pichellin  ordered  him  to 
be  set  ashore,  and  not  long  after  discovered  his  loss  when  the  wily  Portuguese 
was  far  out  of  his  reach.  Pichellin  had  some  rough  virtues  :  he  prided  him 
self  on  being  a  man  of  his  word.  A  Genoese,  who  had  made  a  fortune  by 
trade  at  Cadiz,  was  returning  to  his  native  country  with  his  only  child,  a  girl 
nine  years  of  age,  when  his  vessel  was  taken  on  the  coast  of  Spain  by  Pichel 
lin's  cruiser.  Not  being  far  from  land,  the  crew  of  the  Christian  vessel  escaped 
to  the  shore,  the  terrified  Genoese  going  with  them,  leaving  his  daughter  in 
the  hands  of  the  pirates.  Immediately,  when  he  saw  that  his  child  was  a  cap 
tive,  he  waded  into  the  water,  and  waved  his  hat  as  a  signal  to  the  Algerines, 
who,  thinking  he  might  be  a  Moslem  captive  about  to  escape,  sent  a  boat  for 
him.  On  reaching  the  cruiser,  Pichellin,  seeing  a  Christian,  exclaimed  :  "What 
madman  are  you  that  voluntarily  surrenders  himself  a  slave  ?  "  "  That  girl  is 
my  daughter,"  said  the  Genoese  :  "  I  could  not  leave  her.  If  you  will  set  us 
to  ransom,  I  will  pay  it;  if  not,  the  satisfaction  of  having  done  my  duty  will 
enable  me  to  support  the  hardships  of  slavery."  Pichellin  appeared  struck, 
and  after  musing  a  moment,  said :  "I  will  take  fifteen  hundred  dollars  for  the 
ransom  of  you  and  your  daughter."  "I  will  pay  it,"  replied  the  Genoese. 
"  Hold,  master !  "  exclaimed  one  of  Pichellin's  slaves ;  "  I  know  that  man  well: 
he  was  one  of  the  richest  merchants  in  Cadiz,  and  can  afford  to  pay  ten  times 
that  amount  for  ransom."  "Silence,  dog!"  said  the  old  pirate.  "I  have 
said  it :  my  word  is  my  word."  Pichellin  was  further  so  accommodating  as  to 
take  the  merchant's  bill  for  the  money,  and  set  him  and  his  daughter  ashore  at 
once. 

Each  slave  who,  from  poverty,  ignorance  of  a  trade,  or  want  of  cunning, 
was  compelled  to  work  in  the  gangs,  always  carried  a  bag  and  a  spoon — the 
bag,  to  hold  anything  he  might  chance  to  steal ;  the  spoon,  in  case  any  char 
itable  person,  as  was  frequently  the  case,  should  present  him  with  a  mess  of 
pottage.  Only  those,  however,  worked  in  the  gangs  who  could  not  by  any 
possibility  avoid  it ;  and  numberless  were  the  schemes  adopted  by  the  slaves 
to  raise  money  to  support  themselves  and  secure  their  exemption  from  that 
description  of  labor.  Some,  at  the  risk  of  the  bastinado,  smuggled  brandy  — 
a  strictly  forbidden  article — into  the  bagues,  and  sold  it  out  in  small  quantities 
to  such  as  wanted  it.  Scholars  were  well  employed  by  their  less  learned  fA 


IN  NORTHERN  AFRICA.  87 

low-captives,  to  correspond  with  friends  in  Europe.  Latin  was  the  language 
preferred  for  this  correspondence,  because  it  was  unintelligible  to  the  masters  ; 
and  the  letters  frequently  contained  allusions  to  property,  family  affairs,  and 
other  circumstances,  which,  if  known,  would  raise  the  price  of  ransom.  The 
great  object  of  all  the  captives  whose  wealth  entitled  them  to  hopes  of  ransom, 
was  to  simulate  poverty,  concealing  their  real  circumstances  or  station  in  life 
as  much  as  possible ;  and  not  unfrequently  the  Algerines,  deceived  by  those 
professions,  permitted  persons  of  wealth  and  consequence  to  redeem  themselves 
for  a  trifling  sum.  On  the  other  hand,  persons  in  much  poorer  circumstances 
were  often  detained  a  long  time  in  slavery,  ill  treated,  and  held  to  a  high  ran 
som,  on  the  bare  suspicion  of  their  being  wealthy.  The  Jews,  though  not 
permitted  to  possess  slaves,  had,  through  their  commercial  ramifications  in 
Europe,  means  of  obtaining  correct  intelligence  respecting  the  property  and 
affairs  of  many  captives,  which  they  did  not  fail  to  profit  by,  receiving  a  per 
centage  on  the  increased  ransom  gained  by  their  information.  In  a  similar 
way,  some  artful  old  slaves,  of  various  countries,  lived  well  by  making  friends 
with  new  captives,  treating  them  at  the  wine-shops,  and,  under  the  pretext  of 
advising  them  how  to  act,  inducing  them  to  reveal  their  true  circumstances, 
which  the  spy  immediately  communicated  to  his  master.  A  grave  Spanish 
cavalier  made  his  living  by  settling  quarrels  among  his  countrymen,  and  decid 
ing  all  disputes  respecting  rank,  precedence,  and  the  code  of  honor ;  a  small 
fee  being  paid  by  each  of  the  parties,  and  his  decision  invariably  respected. 
A  French  gentleman  contrived  to  live,  and  dress  well,  and  give  frequent  dinner 
parties,  by  a  curious  financial  scheme  he  invented  and  practiced.  Knowing 
many  of  the  French  renegades,  he  borrowed  money  from  them  for  certain 
periods  at  moderate  interest ;  and  as  one  sum  fell  due  he  met  it  by  a  loan  from 
a  new  creditor.  This  system,  at  first  sight,  would  not  appear  to  be  profitable  ; 
but  the  renegades  being  constantly  employed  in  the  cruisers,  as  in  a  state 
of  continual  warfare,  some  of  the  creditors  were  either  killed  or  captured 
yearly,  and  having  no  heirs,  the  debts  were  thus  canceled  in  the  French  cap 
tive's  favor.  "  In  fine,"  says  D'Aranda,  to  whom  we  are  indebted  for  the  pre 
ceding  peculiarities  of  bagne-life,  "  there  can  be  no  better  university  to  teach 
men  how  to  shift  for  their  livelihood  ;  for  all  the  nations  made  some  shift  to  live 
save  the  English,  who,  it  seems,  are  not  so  shift-fill  as  others.  During  the  win 
ter  I  spent  in  the  bagne,  more  than  twenty  of  that  nation  died  from  pure  want." 
It  Is  clear  that  the  unfortunate  captives  here  alluded  to  must  have  been  persons 
unfit  for  labor,  and  unable  to  procure  ransom ;  and  thus,  being  of  no  service 
to  their  brutal  master,  were  suffered  to  live  or  die  as  it  might  happen.  There 
can  be  no  doubt  that  the  English  and  Dutch  captives,  of  the  reformed  churches, 
suffered  more  privations  than  any  others  at  that  period,  ere  knowledge  and 
intercourse  had  dulled  the  fiery  edge  of  religious  bigotry.  All  the  public 
charities  for  slaves  were  founded  by  the  Roman  Church,  and  their  bounties 
exclusively  bestowed  on  its  followers.  No  relief  was  ever  given  to  a  heretic 
unless  he  became  a  convert ;  and  it  is  an  exceedingly  curious  illustration  of 


00  CHRISTIAN  SLAVERY 

this  religious  hatred,  that  it  was  as  rife  and  virulent  in  the  breasts  of  the  ren 
egades  who  had  adopted  Mohammedanism,  as  it  was  amongst  those  who 
remained  Christians.  Another  great  disadvantage  which  the  English  captives 
must  have  labored  under,  was  their  ignorance  of  the  language.  The  lingua 
franca  spoken  in  Algiers  was  a  compound  of  French,  Spanish,  and  Italian, 
with  a  few  Arabic  words ;  consequently,  any  native  of  those  countries  could 
acquire  it  in  a  few  days,  while  the  unfortunate  Briton  might  be  months  before 
he  could  express  his  meaning  or  understand  what  was  said  to  him. 

The  hardships  of  slavery  were,  in  all  truth,  insufficient  to  extinguish  the 
religious  and  national  animosities  of  the  captives.  Dreadful  conflicts  fre 
quently  occurred  between  the  partisans  of  the  eastern  and  western  churches — 
Spaniards  and  Italians  uniting  to  batter  orthodoxy  into  the  heads  of  schismatic 
Greeks  and  Russians.  Nor  were  such  disturbances  quelled  until  a  strong  body 
of  guards,  armed  with  ponderous  cudgels,  vigorously  attacking  both  parties, 
beat  them  into  peaceful  submission.  Life  was  not  unfrequently  lost  in  these 
contests.  A  most  serious  one,  in  which  several  hundred  slaves  took  part  ou 
both  sides,  occurred  during  D'Aranda's  captivity.  At  the  feast  of  the  As 
sumption,  the  altar  of  one  of  the  churches  was  decorated  with  the  Portuguese 
arms,  with  the  motto:  "God  will  exalt  the  humble,  and  bring  down  the 
haughty."  The  Spaniards,  conceiving  this  to  be  an  insulting  reflection  on 
their  national  honor,  tore  down  the  obnoxious  decoration,  and  trampled  it 
under  their  feet.  The  Portuguese  immediately  retaliated,  and  a  battle  ensued 
between  the  captives  of  the  two  nations,  which  lasted  a  considerable  time,  and 
cost  several  lives.  The  ringleaders  were  severely  bastinadoed  by  their  mas 
ters,  who  tauntingly  told  them  to  sell  their  lands  and  purchase  their  freedom, 
and  then  they  might  fight  for  the  honor  of  their  respective  countries  as  long 
and  as  much  as  they  liked.  It  is  pleasing,  however,  after  reading  of  such 
scenes,  to  find  that  the  slaves  frequently  got  up  theatrical  performances.  One 
of  their  favorite  pieces  was  founded  on  the  history  of  Belisarius. 

The  negotiations  for  ransom  were  either  carried  on  through  the  Fathers  of 
Redemption,  the  European  consuls,  or  by  the  slaves  themselves.  When  a 
province  of  the  order  of  Redemption  had  raised  a  sufficiently  large  sum,  the 
resident  Father  Administrator  in  Algiers  procured  a  pass  from  the  dey,  per 
mitting  two  fathers  to  come  from  Europe  to  make  the  redemption.  The  rule 
of  the  order  was,  that  young  women  and  children  were  to  be  released  first ; 
then  adults  belonging  to  the  same  nation  as  the  ransomers  ;  and  after  that,  if 
the  funds  permitted,  natives  of  other  countries.  But,  in  general,  the  fathers 
brought  with  them  a  list  of  the  persons  to  be  released,  who  had  been  recom 
mended  to  their  notice  by  political,  ecclesiastical,  or  other  interest.  Slaves, 
who  had  earned  and  were  willing  to  pay  part  of  their  ransom,  found  favor  in 
the  eyes  of  the  fathers ;  and  slaves  with  very  long  beards,  or  of  singular 
emaciated  appearance,  were  purchased  with  a  view  to  future  effect,  in  the  grand 
processional  displays  made  by  the  Redemptionists  on  their  return  to  Europe. 

From  a  published  narrative  of  a  voyage  of  Redemption  made  in  1720,  we 


IN  NORTHERN  AFRICA.  89 

extract  the  following  amusing  account  of  an  interview  between  two  French 
Kedemptionists  and  the  dey.  The  fathers  had  redeemed  their  contemplated 
number  of  captives  with  the  exception  of  ten  belonging  to  the  dey,  but  he, 
piqued  that  his  slaves  had  not  been  purchased  first,  demanded  so  high  a  price 
lor  each,  that  they  were  unwillingly  compelled  to  ransom  only  three — a  French 
gentleman,  his  son,  and  a  surgeon.  "  These  slaves  being  brought  in,  we  offer 
ed  the  price  demanded  (3,000  dollars)  for  them.  The  dey  said  he  would  give 
us  another  into  the  bargain.  This  was  a  tall,  well-made  young  Hollander,  one 
of  the  dey's  household,  who  was  also  present.  We  remonstrated  with  the  dey, 
that  this  fourth  would  not  do  for  us,  he  being  a  Lutheran,  and  also  not  of  our 
country.  The  dey's  officers  laughed,  and  said,  he  is  a  good  Catholic.  The 
dey  said  he  neither  knew  nor  cared  about  that.  The  man  was  a  Christian,  and 
that  he  should  go  along  with  the  other  three  for  5,000  dollai-s." 

After  a  good  deal  of  fencing,  and  the  dey  having  reduced  his  demand  by 
500  dollars,  the  father  continues :  "  We  yet  held  firm  to  have  only  the  three 
we  had  offered  3,000  dollars  for.  '  All  this  is  to  no  purpose,'  said  the  dey;  '  I 
am  going  to  send  all  four  to  you,  and,  willing  or  not  willing,  you  shall  have 
them  at  the  price  I  specified,  nor  shall  you  leave  Algiers  until  you  have  paid 
it.'  But  we  still  held  out,  spite  of  all  his  threats,  telling  him  that  he  was 
master  of  his  own  dominions,  but  that  our  money  falling  short,  we  could  not 
purchase  slaves  at  such  a  price.  We  then  took  leave  of  him,  and  that  very  day 
he  sent  us  the  three  slaves  we  had  cheapened,  and  let  us  know  we  should  have 
the  other  on  the  day  of  our  departure."  The  reader  will  not  be  sorry  to  learn 
that  the  fathers  were  ultimately  compelled  to  purchase  and  take  away  with 
them  the  "young  Lutheran  Hollander  " 

The  primary  object  of  the  Redemptionists  being  to  raise  money  for  the  ran 
som  of  captives,  every  advantage  was  taken  to  appeal  successfully  to  the  sym 
pathies  of  the  Christian  world,  and  no  method  was  more  remunerative  than 
the  grand  processions  which  they  made  with  the  liberated  slaves  on  their  return 
to  Europe.  Father  Comelin  gives  us  full  particulars  of  these  proceedings. 
The  ransomed  captives,  dressed  in  red  Moorish  caps  and  white  bornouses,  and 
wearing  chains — they  never  wore  them  in  Algiers — were  met  at  the  entrance 
of  each  town  they  passed  through  by  all  the  clerical,  civil,  municipal,  and  mil 
itary  dignitaries  of  the  place.  Banners,  wax-candles,  music,  and  "angels 
covered  with  gold,  silver,  and  precious  stones,"  accompanied  them  in  grand 
procession  through  the  town  ;  the  chief  men  of  the  district  carrying  silver 
salvers,  on  which  they  collected  money  from  the  populace,  to  be  applied  to 
future  redemptions. 

The  first  general  ransom  of  British  captives  was  made  by  money  apportion 
ed  by  parliament  for  the  purpose,  during  the  exciting  events  of  the  civil  war. 
The  first  vessel  dispatched  was  unfortunately  burned  in  the  Lay  of  Gibraltar, 
and  the  treasure  lost.  A  fresh  sum  of  money  was  again  granted  ;  and  in  1646, 
Mr.  Cason,  the  parliamentary  agent,  arrived  at  Algiers.  In  his  official  dis 
patch  to  the  "  Committee  of  the  Navy,"  the  agent  states  that,  counting 
renegades,  there  were  then  750  English  captives  in  Algiers ;  and  proceeds  to 


90  CHRISTIAN  SLAVERY 

say  that  "  they  come  to  much  more  a  head  than  I  expected ;  the  reason  is,  there 
be  many  women  and  children,  which  cost  £50  per  head,  first  penny,  and  might 
sell  for  £100.  Besides,  there  are  divers  which  were  masters  of  ships,  calkers, 
carpenters,  sailmakers,  coopers,  and  surgeons,  and  others  who  are  highly  es 
teemed."  The  agent  succeeded  in  redeeming  244  English,  Scotch,  and  Irish 
captives  at  the  average  cost  of  £38  each.  From  the  official  record  of  their 
several  names,  places  of  birth,  and  prices,  it  appears  that  more  was  paid  for 
the  females  than  the  males.  The  three  highest  sums  on  the  list  are  £75,  paid 
for  Mary  Bruster,  of  Youghal ;  £65,  for  Alice  Hayes,  of  Edinburgh ;  and 
£50,  for  Elizabeth  Mancor,  of  Dundee.  The  names  of  several  natives  of 
Baltimore — in  all  probability  some  of  those  carried  off  when  that  town  was 
sacked  fifteen  years  before — are  in  this  list  of  redeemed.  It  will  scarcely  be 
believed,  that  strong  opposition  was  made  by  the  mercantile  interest  against 
money  being  granted  by  parliament  for  the  ransom  of  those  poor  captives — on 
the  ground,  as  the  opposers'  petition  expresses :  "  That  if  the  slaves  be  re 
deemed  upon  a  public  score,  then  seamen  will  render  themselves  to  the  mercy 
of  the  Algerines,  and  not  fight  in  defense  of  the  goods  and  ships  of  the  mer 
chants."  A  more  curious  instance  of  wisdom  in  relation  to  this  subject, 
occurred  during  the  profligate  reign  of  the  second  Charles.  A  large  sum 
of  money  appropriated  for  the  redemption  of  captives  having  been  lost, 
somehow,  between  the  Navy  Board  and  the  Commissioners  of  Excise,  it  was 
gravely  proposed  :  "  That  whatever  loss  or  damage  the  English  shall  sustain 
from  Algerines,  shall  be  required  and  made  good  to  the  losers  out  of  the 
estates  of  the  Jews  here  in  England.  Because  such  a  law  may  save  a  great 
expense  of  Christian  treasure  and  blood  !  " 

The  first  attempt  to  release  English  captives  by  force  from  Algiers  was  made 
in  1621,  after  the  project  had  been  debated  in  the  privy  council  for  nearly  four 
years.  With  the  exception  of  rescuing  about  thirty  slaves  of  various  nations, 
who  swam  off  to  the  English  ships,  this  expedition  turned  out  a  perfect  fail 
ure.  In  1662,  another  fleet  was  sent,  a  treaty  was  made  with  the  dey,  and  150 
captives  ransomed  with  money  raised  by  the  English  clergy  in  their  several 
parishes.  In  1664,  1672,  1682,  and  1686,  other  treaties  were  made  with  the 
Algerines  :  the  frequent  recurrence  of  those  treaties  shows  the  little  attention 
paid  to  them  by  the  pirates. 

In  1682,  Louis  XIV.  determined  to  stop  the  Algerine  aggressions  on  France; 
and  at  the  same  time  to  try  a  new  and  terrible  invention  in  the  art  of  war. 
Renau  d'Elicagarry  had  just  laid  before  the  French  government  a  plan  for 
building  ships  of  sufficient  strength  to  bear  the  recoil  caused  by  firing  bombs 
from  mortars.  Louis,  accordingly,  sent  Admiral  Duquesne  with  a  fleet  and 
some  of  the  new  bomb-vessels  to  destroy  Algiers.  The  expedition  was  unsuc 
cessful,  the  bombs  proving  nearly  as  destructive  to  the  French  as  to  their 
enemies.  The  next  year,  Duquesne  returned,  and,  taught  by  experience,  suc 
ceeded  in  firing  all  his  bombs  into  the  pirate  city.  The  terrified  dey  capitulated, 
and  surrendered  600  slaves  to  the  fleet ;  but  sixty-four  of  those  unfortunate 
captives  being  discovered  by  the  French  officers  to  be  Englishmen,  were  scut 


IN  NORTHERN  AFRICA.  91 

back  to  the  dey  !  While  a  treaty  was  in  preparation,  the  janizaries,  indignant 
at  the  loss  of  their  slaves,  murdered  the  dey,  elected  another,  and  manning 
their  forts,  commenced  firing  upon  the  French.  Duquesne's  bombs  being  all 
expended,  he  was  obliged  to  sheer  off  and  return  to  France.  In  1688,  Mar 
shal  d'Estrees,  with  a  powerful  fleet,  arrived  off  Algiers.  The  bombs  told 
with  terrible  effect,  and  the  dey  soon  sued  for  peace  ;  but  d'Estrees  replied  that 
he  came  not  to  treat,  but  to  punish.  On  this  occasion,  10,000  bombs  were 
thrown  into  Algiers ;  the  city  was  reduced  to  ruins,  and  the  humbled  pirates 
compelled  to  sign  a  treaty  dictated  by  the  conqueror.  In  a  few  years,  how 
ever,  the  demolished  fortifications  were  reerected  stronger  than  ever,  and  the 
incoi'rigible  Algerines  busy  at  their  old  trade  of  piracy. 

Algerine  slavery  at  last  came  to  an  end.  At  the  close  of  the  long  European 
war  in  1814,  the  chivalrous  Sir  Sidney  Smith  proposed  a  union  of  all  orders 
of  knighthood  for  the  abolition  of  white  slavery.  His  plan  was  to  form  "  an 
amphibious  force,  to  be  termed  the  Knights  Liberators,  which,  without  com 
promising  any  flag,  and  without  depending  on  the  wars  or  political  events  of 
nations,  should  constantly  guard  the  Mediterranean,  and  take  upon  itself  the 
important  office  of  watching,  pursuing,  and  capturing  all  pirates  by  sea  and 
land."  Though  Sir  Sidney's  project  fell  to  the  ground,  yet  it  had  the  good 
effect  of  calling  the  attention  of  the  British  nation  to  the  subject ;  and  in  1816, 
Lord  Exmouth,  with  an  English  fleet,  sailed  to  Algiers,  destroyed  the  dey's 
shipping,  leveled  the  fortifications,  released  altogether  about  3,000  captives, 
and  abolished  forever  the  atrocious  system  of  Christian  slavery.  The  subse 
quent  history  of  Algiers  is  foreign  to  our  subject ;  we  may  merely  add,  that  in 
]  830  it  became,  by  right  of  conquest,  a  French  colony. 

Limited  space  compels  us  to  say  but  little  respecting  the  other  piratical 
states  of  Barbary — Tunis,  Tripoli,  and  Morocco.  They,  however,  only  dab 
bled  in  piratical  slavery,  not  making  it  a  systematized  profession  like  the  Al 
gerines.  When,  about  the  middle  of  the  seventeenth  century,  there  were 
upwards  of  30,000  Christian  slaves  in  Algiers,  there  were  not  more  than  7,000 
in  Tunis,  5,000  in  Tripoli,  and  1,500  in  Morocco.  In  the  latter  part  of  the 
sixteenth  century,  Tunis  and  Tripoli  fell  under  the  power  of  the  Porte,  and  for 
some  time  were  ruled  by  Turkish  viceroys  ;  but  in  a  few  years  the  janizaries, 
as  at  Algiers,  elected  their  own  rulers ;  and  subsequently  the  native  race,  over 
powering  the  janizaries,  gained  the  ascendency  over  their  Ottoman  masters. 
Since  Blake  humbled  the  pride  of  the  Tunisians  in  1665,  and  Narbro  burned 
the  Tripolitan  fleet  in  1676,  neither  of  those  states  has  inflicted  much  injury 
on  British  shipping.  The  treatment  of  slaves  at  Tunis  and  Tripoli  was  con 
sidered  to  be  even  milder  than  at  Algiers :  the  Brothers  of  Redemption  had 
establishments  at  both  places.  It  was  with  Tripoli,  in  1796,  that  the  United 
States,  through  their  envoy,  Joel  Barlow,  made  the  treaty  which  caused  so 
much  animadversion.  In  that  treaty,  Mr.  Barlow,  to  conciliate  the  Moham 
medan  powers,  declared  that  "the  government  of  the  United  States  of  America 
is  not,  in  any  sense,  founded  on  the  Christian  religion."  Notwithstanding  so 
bold  an  assertion,  the  faithless  Tripolitans  declared  war  against  the  United 


92  CHRISTIAN    SLAVERY. 

States  in  1801 ;  and  after  a  contest  highly  creditable  to  the  American  navy 
then  in  its  infancy,  peace  was  concluded  between  the  two  powers,  and  200  cap 
tives  released  from  slavery.  Both  Tunis  and  Tripoli  quietly  renounced  tin 
practice  of  Christian  slavery,  when  solicited  to  do  so  by  Lord  Exmouth,  ir- 
1816 

All  the  territories  which  formed  part  of  the  Roman  Empire  in  Africa,  sub 
sequently  fell  under  the  sway  of  Constantinople,  except  Morocco.  Its  fertile 
soil,  almost  within  cannon-shot  of  Europe,  "  on  the  very  verge  and  hem  of 
civilization,"  has  ever  attracted  European  cupidity,  and  the  patriotic  energj 
of  its  people  has  ever  repelled  Christian  domination.  Almost  all  the  semi- 
barbarous  states  of  the  world  have  fallen  a  prey  to  European  ambition  and 
enterprise;  not  only  dynasties,  but  races  have  been  extinguished;  and  yet  Mo 
rocco  is  still  as  free  from  foreign  influence  as  the  surf  of  the  Atlantic  that 
thunders  on  its  sands.  At  one  period,  indeed,  almost  subjugated,  it  was  little 
more  than  a  Portuguese  province,  when  the  Cherifs,  a  family  of  mendicant 
fanatics,  claiming  to  be.  the  lineal  descendants  of  Mohammed,  expelled  the  in 
vaders,  and  founded  the  present  dynasty.  Spain,  it  is  true,  still  holds  two  fort 
resses  as  penal  settlements  on  the  coast ;  but  no  Spaniard  can  ever  look  over 
an  embrasure  on  the  land:side  without  being  saluted  with  a  long  Moorish  rifle. 
It  is  an  actual  fact,  that  the  governors  of  those  prison  forts  receive  intelligence 
of  what  passes  in  the  interior  of  Morocco,  from  Madrid. 

As  in  other  parts  of  Barbary,  it  was  the  Moriscos,  after  their  expulsion 
from  Spain,  that  founded  the  system  of  piratical  slavery  in  Morocco.  Who 
has  not  read  of  the  Sallee  rovers  in  Robinson  Crusoe,  and  the  old  ballads  ? 
Yet,  compared  with  the  Algerine,  theirs  was,  after  all,  a  very  pettj  kind  of 
piracy.  The  harbor  of  Sallee,  the  principal  port  of  Morocco,  being  only 
suitable  for  vessels  drawing  little  water,  piracy  was  carried  on  h  galleys  and 
row-boats,  and  was  formidable  only  to  small  unarmed  vesselc.  In  1637,  an 
English  fleet,  under  Admiral  Rainborough,  took  Sallee,  a;,6  released  290 
British  captives  —  "as  many  as  would  have  cost  £10,000.''  Soon  after,  the 
emperor  of  Morocco  sent  an  ambassador  to  London,  who,  on  his  presentation 
to  Charles  I.,  went  to  court  in  procession,  taking  with  hLu  a  number  of  liber 
ated  captives  dressed  in  white,  and  many  hawks  and  Barbary  horses  splendidly 
caparisoned.  Christian  slaves  in  Morocco  were  invariably  the  property  of  the 
emperor,  and  were  mostly  employed  in  constructing  buildings  of  tapia — a 
composition  somewhat  resembling  our  concrete.  In  the  latter  part  of  the 
seventeenth  century,  during  the  reign  of  Muley  ishmael,  a  cruel  tyrant  to  his 
own  subjects,  and  who  had  a  mania  for  building,  the  captives  in  Morocco  were 
ill-treated,  and  compelled  to  work  huvd.  Yet  even  then,  one  Thomas  Plielps, 
who  made  his  escape  from  Mequinez,  tells  us  that  the  emperor  came  frequently 
amongst  the  slaves  when  at  work,  and  would  "  bolt  out  encouraging  words  to 
them,  such  as:  '  May  God  send  you  all  safe  home  to  your  own  countries!  "' 
and  any  captive  was  excused  from  work  by  the  payment  of  a  blanquil — a  sum 
equivalent  to  four  cents — per  day.  In  1G85,  the  emperor  had  800  Christian 
slaves,  260  of  whom  were  English  ;  many  of  those,  however,  were  subsequently 


AFRICAN   SLAVE   TRADE EARLY    HISTORY.  93 

ransomed.  After  Muley  Ishmael's  death,  the  captives  were  much  better 
treated.  Captain  Braithwaite,  who  accompanied  Mr.  Russell  on  a  mission 
from  the  English  government  in  1727,  thus  describes  the  condition  of  the 
Christian  captives  in  Morocco  :  "Most  part  of  them,"  he  says,  "have  expecta 
tions  of  getting  back  to  their  native  country  at  one  time  or  another.  The 
emperor  keeps  most  of  them  at  work  upon  his  buildings,  but  not  to  such  hard 
labor  that  our  laborers  go  through.  The  Canute,  where  they  are  lodged,  is 
infinitely  better  than  our  prisons.  In  short,  the  captives  have  a  much  greater 
property  in  what  they  get  than  the  Moors ;  several  of  them  being  rich,  and 
many  have  carried  considerable  sums  out  of  the  country.  Several  keep  their 
mules,  and  some  their  servants,  to  the  truth  of  which  we  are  all  witnesses." 
Morocco  was  the  first  of  the  Barbary  states  that  gave  up  the  practice  of  Chris 
tian  slavery.  In  a  treaty  made  with  Spain  in  1799,  the  emperor  declared  his 
desire  that  the  name  of  slavery  might  be  effaced  from  the  memory  of  man 
kind.* 


CHAPTER    VII. 

AFRICAN  SLAVE  TRADE  FROM  THE  FIFTEENTH  TO  THE  EIGHTEENTH  CENTURY. 

Negroland,  or  Nigritia,  described. — Slavery  among  the  Natives. — Mungo  Park's  estimate 
of  the  number  of  Slaves. — The  Portuguese  navigators  explore  the  African  coast. — Na 
tives  first  carried  off  in  1434. — Portuguese  establish  the  Slave  Trade  on  the  Western 
Coast — followed  by  the  Spaniards. — America  discovered — colonized  by  the  Spaniards, 
who  reduce  the  Natives  to  Slavery — they  die  by  thousands  in  consequence. — The  Do 
minican  priests  intercede  for  them. — Negroes  from  Africa  substituted  as  Slaves,  1510. 
— Cardinal  Ximenes  remonstrates. — Charles  V.  encourages  the  trade. — Insurrection  of 
the  Slaves  at  Segovia. — Other  nations  colonize  America. — First  recognition  of  the  Slave 
Trade  by  the  English  government  in  1562,  reign  of  Elizabeth. — First  Negroes  imported 
into  Virginia  in  a  Dutch  vessel  in  1(520. — The  French  and  other  commercial  nations  en 
gage  in  the  traffic.— The  great  demand  for  Slaves  on  the  African  coast. — Negroes  fight 
ing  and  kidnapping  each  othr-r. — Slave  factories  established  by  the  English,  French, 
Dutch.  Spanish,  and  Portuguese. — Slave  factory  described. — How  Slaves  were  procured 
in  the  interior. 


N 


EGROLAND,  or  Nigritia,  is  that  part  of  the  interior  of  Africa  stretching 
from  the  great  desert  on  the  north  to  the  unascertained  commencement  of  Caf- 
freland  on  the  south,  and  from  the  Atlantic  on  the  west  to  Abyssinia  on  the 
east.  In  fact,  the  entire  interior  of  this  great  continent  may  be  called  the  land 
of  the  negroes.  The  ancients  distinguished  it  from  the  comparatively  civilized 
countries  lying  along  the  coast  of  the  Mediterranean  and  the  Red  Sea  by  call 
ing  the  latter  Libya,  and  the  former  Ethiopia.  It  is  upon  Ethiopia  in  an  es 
pecial  manner  that  the  curse  of  slavery  has  fallen.  At  first,  it  bore  but  a  share 
of  the  burden  ;  Britons  and  Scythians  were  the  fellow-slaves  of  the  Ethiopian : 
but  at  last  all  the  other  nations  of  the  earth  seemed  to  conspire  against  the  ne- 

*  Chambers'  Miscellany. 


Ji  AFRICAN    SLAVE  TKADE.   .  ,  •  ^    , 

gro  race,  agreeing  never  to  enslave  each  other,  but  to  make  the  blacks  the  slaves 
of  all  alike.  Thus,  this  race  of  human  beings  has  been  singled  out,  whether 
owing  to  the  accident  of  color,  or  to  their  peculiar  fitness  for  certain  kinds  of 
labor,  for  infamy  and  misfortune ;  and  the  abolition  of  the  practice  of  promis 
cuous  slavery  in  the  modern  world,  was  purchased  by  the  introduction  of  a  slav 
ery  confined  entirely  to  negroes. 

The  nations  and  tribes  of  negroes  in  Africa,  who  thus  ultimately  became  the 
universal  prey  of  Europeans,  were  themselves  equally  guilty  in  subjecting  men 
to  perpetual  bondage.  In  the  most  remote  times,  every  Ethiopian  man  of 
consequence  had  his  slaves,  just  as  a  Greek  or  Roman  master  had.  Savage  as 
he  was,  he  at  least  resembled  the  citizen  of  a  civilized  state  in  this.  He  pos 
sessed  his  domestic  slaves,  or  bondmen,  hereditary  on  his  property ;  and  be 
sides  these,  he  was  always  acquiring  slaves  by  whatever  means  he  could,  whether 
by  purchase  from  slave-dealers,  or  by  war  with  neighboring  tribes.  The  slaves 
of  a  negro  master  in  this  case  would  be  his  own  countrymen,  or  at  least  men 
of  his  own  race  and  color ;  some  of  them  born  on  the  same  spot  with  himself, 
some  of  them  captives  who  had  been  brought  from  a  distance  of  a  thousand 
miles.  Of  course,  the  farther  a  captive  was  taken  from  his  home,  the  more 
valuable  he  would  be,  as  having  less  chance  of  escape ;  and  therefore  it  would 
be  a  more  common  practice  to  sell  a  slave  taken  in  war  with  a  neighboring 
tribe,  than  to  retain  him  as  a  laborer  so  near  his  home.  And  just  as  in  the 
cities  of  the  civilized  countries,  we  find  the  slave  population  often  outnumber 
ing  the  free,  so  in  the  villages  of  the  interior  of  Africa  the  negro  slaves  were 
often  more  numerous  than  the  negro  masters.  Park,  in  his  travels  among  the 
negroes,  found  that  in  many  villages  the  slaves  were  three  times  as  numerous 
as  the  free  persons ;  and  it  is  likely  that  the  proportion  was  not  very  different 
in  more  ancient  times.  In  ancient  times,  the  Garamantes  used  to  sell  negroes 
to  the  Libyans ;  ^id  so  a  great  proportion  of  the  slaves  of  the  Carthaginians 
and  the  Egyptians  must  have  been  blacks  brought  northwards  across  the  des 
ert.  From  Carthage  and  Egypt,  again,  these  negroes  would  be  exported  into 
different  countries  of  southern  Europe  ;  and  a  stray  negro  might  even  find  his 
way  into  the  more  northern  regions.  They  seem  always  to  have  been  valued 
for  their  patience,  their  mild  temper,  and  their  extraordinary  power  of  endur 
ance  ;  and  for  many  purposes  negro  slaves  would  be  preferred  by  their  Roman 
masters  to  all  others,  even  to  the  shaggy,  scowling  Picts.  But  though  it  is 
quite  certain  that  negroes  were  used  as  slaves  in  ancient  Europe,  still  the  negro 
never  came  to  enjoy  that  miserable  preeminence  which  later  times  have  assigned 
to  him,  treating  him  as  the  born  drudge  of  the  human  family.  White-skinned 
men  were  slaves  as  well  as  he ;  and  if,  among  the  Carthaginians  and  Egyptians, 
negro  slaves  were  more  common  than  any  other,  it  was  only  because  they  were 
more  easily  procurable. 

The  Portuguese  were  the  first  to  set  the  example  of  stealing  negroes;  they 
were  the  first  to  become  acquainted  with  Africa.  Till  the  fifteenth  century, 
no  part  of  Africa  was  known  except  the  chain  of  countries  on  the  coast  of  the 
Mediterranean  and  the  Red  Sea,  beginning  with  Morocco,  and  ending  with 


EARLY    HISTORY.  95 

Abyssinia  and  the  adjoining  desert.  The  Arabs  and  Moors,  indeed,  traversing 
the  latter,  knew  something  about  Ethiopia,  or  the  land  of  the  negroes,  but 
what  knowledge  they  had  was  confined  to  themselves;  and  to  the  Europeans  the 
whole  of  the  continent  to  the  south  of  the  desert  was  an  unknown  and  unex 
plored  land.  There  were  traditions  of  two  ancient  circumnavigations  of  the 
continent  by  the  Phoenicians  and  the  Carthaginians,  one  down  the  Red  Sea, 
and  round  the  Cape  of  Good  Hope  from  the  east,  the  other  through  the  Straits 
of  Gibraltar,  and  round  the  same  cape  from  the  west ;  but  these  traditions  were 
vague  and  questionable.  They  were  sufficient,  however,  to  set  the  brains  of 
modern  navigators  a-working ;  and  now  that  they  were  possessed  of  the  mari 
ner's  compass,  they  might  hope  to  repeat  the  Carthaginian  feat  of  circumnavi 
gating  Africa;  if,  indeed,  Africa  were  circumnavigable.  In  the  year  1412, 
therefore,  a  series  of  attempts  was  begun  by  the  Portuguese,  at  the  instigation 
of  Prince  Henry,  to  sail  southward  along  the  western  coast.  In  every  suc 
ceeding  attempt,  the  bold  navigators  got  farther  and  farther  south,  past  the 
Canaries,  past  the  Cape  Verds,  along  the  coast  of  Guinea,  through  the  Bight 
of  Biafra,  down  that  long  unnamed  extent  of  coast  south  of  the  equator,  until 
at  last  the  perseverance  of  three  generations  succeeded,  and  the  brave  Yasco 
dc  Garaa,  in  1497,  rounded  the  great  cape  itself,  turned  his  prow  northward, 
sailed  through  the  Mozambique  Channel,  and  then,  as  if  protesting  that  he  had 
done  with  Africa  all  that  navigator  could,  steered  through  the  open  ocean  right 
for  the  shores  of  India.  The  third  or  fourth  of  these  attempts  brought  the 
Portuguese  into  contact  with  the  negroes.  Before  the  year  1470,  the  whole 
of  the  Guinea  coast  had  been  explored.  As  early  as  1434,  Antonio  Gonzales, 
a  Portuguese  captain,  landed  on  this  coast,  and  carried  away  with  him  some 
negro  boys,  whom  he  sold  to  one  or  two  Moorish  families  in  the  south  of  Spain. 
The  act  seems  to  have  provoked  some  criticism  at  the  time.  But  from  that 
day,  it  became  customary  for  the  captains  of  vessels  landingwn  the  Gold  Coast, 
or  other  parts  of  the  coast  of  Guinea,  to  carry  away  a  few  young  negroes  of 
both  sexes.  The  labor  of  these  negroes,  whether  on  board  the  ships  which 
carried  them  away,  or  in  the  ports  to  which  the  ships  belonged,  being  found 
valuable,  the  practice  soon  grew  into  a  traffic  ;  and  negroes,  instead  of  being 
carried  away  in  twos  and  threes  as  curiosities,  came  to  form  a  part  of  the 
cargo,  as  well  as  gold,  ivory,  and  gum.  The  ships  no  longer  went  on  voyages 
of  discovery,  they  went  for  profitable  cargoes  ;  and  the  inhabitants  of  the 
negro  villages  along  the  coast,  delighted  with  the  beads,  and  knives,  and  bright 
cloths  which  they  got  in  exchange  for  gold,  ivory,  and  slaves,  took  care  to 
have  these  articles  ready  for  any  ship  that  might  land.  Thus  the  slave-trade, 
properly  so  called,  began.  The  Spaniards  were  the  first  nation  to  become 
parties  with  the  Portuguese  in  this  infamous  traffic. 

At  first,  the  deportation  of  slaves  from  Africa  was  conducted  on  a  limited 
scale  ;  but  about  seventy  years  after  Gonzales  had  carried  away  the  first  negro 
boys  from  the  Guinea  coast,  an  opening  was  all  at  once  made  for  negro  labor, 
which  made  it  necessary  to  carry  away  blacks,  not  by  occasional  ship-loads,  but 
by  thousands  annually. 


96  AFRICAN   SLAVE   TRADE. 

America  was  discovered  in  1492.  The  part  of  this  new  world  which  was 
first  colonized  by  the  Spaniards,  consisted  of  those  islands  scattered  through 
the  great  gap  of  ocean  between  North  and  South  America ;  which,  as  they 
were  thought  to  be  the  outermost  individuals  of  the  great  Eastern  Indies,  to 
which  it  was  the  main  object  of  Columbus  to  effect  a  ^western  passage,  were 
called  the  West  Indies.  When  the  Spaniards  took  possession  of  these  islands, 
they  employed  the  natives,  or  Indians,  as  they  were  called,  to  do  all  the  heavy 
kinds  of  labor  for  them,  such  as  carrying  burdens,  digging  for  gold,  &c.  In 
fact,  these  Indians  became  slaves  of  their  Spanish  conquerors ;  and  it  was  cus 
tomary,  in  assigning  lands  to  a  person,  to  give  him,  at  the  same  time,  all  the 
Indians  upon  them.  Thus,  when  Bernal  Diaz  paid  his  respects  to  Yelasquez, 
the  governor  of  Cuba,  the  governor  promised  him  the  first  Indians  he  had  at 
his  disposal.  According  to  all  accounts,  never  was  there  a  race  of  men  more 
averse  to  labor,  or  constitutionally  more  unfit  for  it,  than  these  native  Ameri 
cans.  They  are  described  as  the  most  listless,  improvident  people  on  the  face 
of  the  earth,  and  though  capable  of  much  passive  endurance,  drooped  and  lost 
all  heart  whenever  they  were  put  to  active  labor.  Labor,  ill-usage,  and  the 
small-pox  together,  carried  them  off  in  thousands,  and  wherever  a  Spaniard 
trod,  he  cleared  a  space  before  him,  as  if  he  carried  a  blasting  influence  in  his 
person.  When  Albuquerque  entered  on  his  office  as  governor  of  St.  Domingo 
in  1515,  he  found  that,  whereas  in  1508  the  natives  numbered  60,000,  they  did 
not  then  number  14,000.  The  condition  of  these  poor  aborigines  under  the 
Spanish  colonists  became  so  heart-breaking,  that  the  Dominican  priests  stepped 
out  in  their  behalf,  asserting  them  to  be  free  men,  and  denying  the  right  of  the 
Spaniards  to  make  them  slaves.  This  led  to  a  vehement  controversy,  which 
lasted  several  years,  and  in  which  Bartholomew  de  Las  Casas,  a  benevolent 
priest,  figured  most  conspicuously  as  the  friend  of  the  Indians.  So  energetic 
and  persevering  \fas  he,  that  he  produced  a  great  impression  in  their  favor 
upon  the  Spanish  government  at  home. 

Unfortunately,  the  relaxation  in  favor  of  one  race  of  men  was  procured  at 
the  expense  of  the  slavery  of  another.  Whether  La  Casas  himself  was  led, 
by  his  extreme  interest  in  the  Indians,  to  be  so  inconsistent  as  to  propose  the 
employment  of  negroes  in  their  stead,  or  whether  the  suggestion  came  from 
some  other  person,  does  not  distinctly  appear ;  but  it  is  certain,  that  what  the 
Spaniards  spared  the  Indians,  they  inflicted  with  double  rigor  upon  the  negroes. 
Laborers  must  be  had,  and  the  negroes  were  the  kind  of  laborers  that  would 
suit.  As  early  as  1503,  a  few  negroes  had  been  carried  across  the  Atlantic ; 
and  it  was  found  that  not  only  could  each  of  these  negroes  do  as  much  work 
as  four  Indians,  but  that,  while  the  Indians  were  fast  becoming  extinct,  the 
egroes  were  thriving  and  propagating  wonderfully.  The  plain  inference  was, 
that  they  should  import  negroes  as  fast  as  possible  ;  and  this  was  accordingly 
done.  "In  the  year  1510,"  says  the  old  Spanish  historian  Herrera,  "the  king 
of  Spain  ordered  fifty  slaves  to  be  sent  to  Hispaniola  to  work  in  the  gold 
mines,  the  natives  being  looked  upon  as  a  weak  people,  and  unfit  for  labor  " 
And  this  was  but  a  beginning ;  for,  notwithstanding  the  remonstrances  of  Car- 


:  ,v- 


EARLY   HISTORY.  97 

dinal  Ximenes,  ship-load  after  ship-load  of  negroes  was  carried  to  the  West 
Indies.  We  find  Charles  Y.  giving  one  of  his  Flemish  favorites  an  exclusive 
right  of  shipping  4000  negroes  to  the  new  world — a  monoply  which  that 
favorite  sold  to  some  Genoese  merchants  for  25,000  ducats.  These  merchants 
organized  the  traffic;  many  more. than  4000  negroes  were  required  to  do  the 
work ;  and  though  at  first  the  negroes  were  exorbitantly  dear,  they  multiplied 
so  fast,  and  were  imported  in  such  quantities,  that  at  last  there  was  a  negro 
for  every  Spaniard  in  the  colonies  ;  and  in  whatever  new  direction  the  Span 
iards  advanced  in  their  career  of  conquest,  negroes  went  along  with  them. 

The  following  extract  from  the  Spanish  historian  already  quoted  will  show 
not  only  that  the  negroes  were  very  numerous,  but  that  sometimes  also  they 
proved  refractory,  and  endeavored  to  get  the  upper  hand  of  their  masters : 
"  There  was  so  great  a  number  of  blacks  in  the  governments  of  Santa  Marta 
and  Venezuela,  and  so  little  precaution  was  used  in  the  management  of  them, 
or  rather  the  liberty  they  had  was  so  great,  being  allowed  the  use  of  arms, 
which  they  much  delight  in,  that,  prompted  by  their  natural  fierceness  and 
arrogance,  a  small  number  of  the  most  polished,  who  valued  themselves  for 
their  valor  and  gayety,  resolved  to  rescue  themselves  from  servitude,  and  be 
come  their  own  masters,  believing  that  they  might  live  at  their  own  will  among 
the  Indians.  Those  few  summoning  others,  who,  like  a  thoughtless  brutish 
people,  were  not  capable  of  making  any  reflection,  but  were  always  ready  at 
the  beck  of  those  of  their  own  color  for  whom  they  had  any  respect  or  es 
teem,  they  readily  complied.  Assembling  to  the  number  of  about  250,  and 
repairing  to  the  settlement  of  New  Segovia,  they  divided  themselves  into  com 
panies,  and  appointed  captains,  and  saluted  one  king,  who  had  the  most  bold 
ness  and  resolution  to  assume  that  title ;  and  he,  intimating  that  they  should 
all  be  rich,  and  lords  of  the  country,  by  destroying  the  Spaniards,  assigned 
erery  one  the  Spanish  woman  that  should  fall  to  his  lot,  with  other  such  inso 
lent  projects  and  machinations.  The  fame  of  this  commotion  was  soon  spread 
abroad  throughout  all  the  cities  of  those  two  governments,  where  preparations 
were  speedily  made  for  marching  against  the  blacks,  as  well  to  prevent  their 
being  joined  by  the  rest  of  their  countrymen  that  were  not  yet  gone  to  them, 
as  to  obviate  the  many  mischiefs  which  those  barbarians  might  occasion  to  the 
country.  In  the  meantime,  the  inhabitants  of  Tucuyo  sent  succors  to  the  city 
of  Segovia,  which  was  but  newly  founded ;  and  the  very  night  that  relief  ar 
rived  there,  the  blacks,  who  had  got  intelligence  of  it,  resolved  to  be  before 
hand  with  the  Spaniards ;  and  in  order  that,  greater  forces  thus  coming  in, 
they  might  not  grow  too  strong  for  them,  they  fell  upon  those  Spaniards,  kill 
ing  five  or  six  of  them,  and  a  clergyman.  However,  the  success  did  not 
answer  their  expectation,  for  the  Spaniards  being  on  their  guard,  readily  took 
the  alarm,  fought  the  blacks  courageously,  and  killed  a  considerable  number. 
The  rest,  perceiving  that  their  contrivance  had  miscarried,  retired.  The  next 
morning  Captain  James  de  Lassado  arrived  there  with  forty  men  from  the  gov 
ernment  of  Venezuela,  and,  judging  that  no  time  ought  to  be  lost  in  that 
affair,  marched  against  the  blacks  with  the  men  he  had  brought,  and  those 

7 

* 


98  AFRICAN  SLAVE   TRADE. 

who  were  before  at  New  Segovia.  Perceiving  that  they  had  quitted  the  post 
they  had  first  taken,  and  were  retired  to  a  strong  place  on  the  mountain,  he 
pursued,  overtook,  and  attacked  them ;  and  though  they  drew  up  and  stood  on 
their  defense,  he  soon  routed  and  put  them  all  to  the  sword,  sparing  none  but 
their  women  and  some  female  Indians  they  had  with  them,  after  which  he  re 
turned  to  Segovia,  and  those  provinces  were  delivered  from  much  uneasiness." 

The  Spaniards  did  not  long  remain  alone  in  the  guilt  of  this  new  traffic. 
At  first  the  Spaniards  had  all  America  to  themselves ;  and  as  it  was  in 
America  that  negro  labor  was  in  demand,  the  Spaniards  alone  possessed  large 
numbers  of  negroes.  But  other  nations  come  to  have  colonies  in  America, 
and  as  negroes  were  found  invaluable  in  the  foundation  of  a  new  colony,  other 
nations  came  also  to  patronize  the  slave  trade.  The  first  recognition  of  the 
trade  by  the  English  government  was  in  1562,  in  the  reign  of  Elizabeth,  when 
an  act  was  passed  legalizing  the  purchase  of  negroes ;  yet,  as  the  earlier 
attempts  made  by  the  English  to  plant  colonies  in  North  America  were  unsuc 
cessful,  there  did  not,  for  some  time  after  the  passing  of  this  act,  exist  any 
demand  for  negroes  sufficient  to  induce  the  owners  of  English  trading  vessels 
visiting  the  coast  of  Africa  to  make  negroes  a  part  of  their  cargo.  It  was  in 
the  year  1620  that  the  first  negroes  were  imported  into  Virginia;  and  even 
then  it  was  not  an  English  slave-ship  which  supplied  them,  but  a  Dutch  one, 
which  chanced  to  touch  on  the  coast  with  some  negroes  on  board  bound  for  the 
Spanish  colonies.  These  negroes  the  Virginian  planters  purchased  on  trial ; 
and  the  bargain  was  found  to  be  so  good,  that  in  a  short  time  negroes  came  to 
be  in  great  demand  in  Virginia.  Nor  were  the  planters  any  longer  indebted 
to  the  chance  visits  of  Dutch  ships  for  a  supply  of  negro-laborers ;  for  the 
English  merchants,  vigilant  and  calculating  then  as  they  are  now,  immediately 
embarked  in  the  traffic,  and  instructed  the  captains  of  their  vessels  visiting  the 
African  coast  to  barter  for  negroes  as  well  as  wax  and  elephants'  teeth.  In  a 
similar  way  the  French,  the  Dutch,  and  all  other  nations  of  any  commercial 
importance,  came  to  be  involved  in  the  traffic  ;  those  who  had  colonies,  to 
supply  the  demand  there ;  those  who  had  no  colonies,  to  make  money  by 
assisting  to  supply  the  demand  of  the  colonies  of  other  countries.  Before  the 
middle  of  the  seventeenth  century,  the  African  slave-trade  was  in  full  vigor ; 
and  all  Europe  was  implicated  in  the  buying  and  selling  of  negroes. 

So  universal  is  the  instinct  for  barter,  that  the  immediate  effect  of  the  new 
and  great  demand  for  slaves  was  to  create  its  own  supply.  Slavery,  as  we 
have  said,  existed  in  Negroland  from  time  immemorial,  but  on  a  comparatively 
limited  scale.  The  effect  of  the  demand  by  the  European  ships  gave  an 
unhappy  stimulus  to  the  natural  animosities  of  the  various  negro  tribes  skirt 
ing  the  west  coast ;  and,  tempted  by  the  clasp-knives,  and  looking-glasses,  and 
wonderful  red  cloth,  which  the  white  men  always  brought  with  them  to  ex 
change  for  slaves,  the  whole  negro  population  for  many  miles  inland  began 
fighting  and  kidnapping  each  other.  Not  only  so,  but  the  interior  of  the  con 
tinent  itself,  the  district  of  Lake  Tchad,  and  the  mystic  source  of  the  fatal  Ni 
ger,  hitherto  untrodden  by  the  foot  of  a  white  invader,  began  to  feel  the  tremor 


EARLY    HISTORY.  99 

zaused  by  the  traffic  on  the  coast ;  and  ere  long,  the  very  negroes  who  seemed 
safest  in  their  central  obscurities,  were  drained  away  to  meet  the  increasing  de 
mand  ;  either  led  captive  by  warlike  visitants  from  the  west,  or  handed  from 
tribe  to  tribe  till  they  reached  the  sea.  In  this  way,  eventually,  Central  Africa, 
with  its  teeming  myriads  of  negroes,  came  to  be  the  great  mother  of  slaves  for 
exportation,  and  the  negro  villages  on  the  coast  the  warehouses,  as  it  were, 
where  the  slaves  were  stowed  away  till  the  ships  of  the  white  men  arrived  to 
carry  them  off. 

European  skill  and  foresight  assisted  in  giving  constancy  and  regularity  to 
the  supply  of  negroes  from  the  interior.  At  first  the  slave  vessels  only  visited 
the  Guinea  coast,  and  bargained  with  the  negroes  of  the  villages  there  for  what 
quantity  of  wax,  or  gold,  or  negroes  they  had  to  give.  But  this  was  a  clumsy 
way  of  conducting  business.  The  ships  had  to  sail  along  a  large  tract  of  coast, 
picking  up  a  few  negroes  at  one  place,  and  a  little  ivory  or  gold  at  another ; 
sometimes  even  the  natives  of  a  village  might  have  no  elephants'  teeth  and  no 
negroes  to  give ;  and  even  under  the  most  favorable  circumstances,  it  took  a 
considerable  time  to  procure  a  decent  cargo.  No  coast  is  so  pestilential  as  that 
of  Africa,  and  hence  the  service  was  very  repulsive  and  very  dangerous.  As 
an  improvement  on  this  method  of  trading,  the  plan  was  adopted  very  early  of 
planting  small  settlements  of  Europeans  at  intervals  along  the  slave-coast, 
whose  business  it  should  be  to  negotiate  with  the  negroes,  stimulate  them  to 
activity  in  their  slave-hunting  expeditions,  purchase  the  slaves  brought  in,  and 
warehouse  them  until  the  arrival  of  the  ships.  These  settlements  were  called 
slave  factories.  Factories  of  this  kind  were  planted  all  along  the  western  coast 
from  Cape  Yerd  to  the  equator,  by  English,  French,  Dutch,  and  Portuguese 
traders.  Their  appearance,  the  character  of  the  men  employed  in  them,  their 
internal  arrangements,  and  their  mode  of  carrying  on  the  traffic,  are  well  de 
scribed  in  the  following  extract  from  Mr.  Howison's  book  on  "  European 
Colonies" : 

"  As  soon  as  the  parties  concerned  had  fixed  upon  the  site  of  their  proposed 
commercial  establishment,  they  began  to  erect  a  fort  of  greater  or  less  magni 
tude,  having  previously  obtained  permission  to  that  effect  from  the  natives. 
The  most  convenient  situation  for  a  building  of  the  kind  was  considered  to  be 
at  the  confluence  of  a  river  with  the  sea,  or  upon  an  island  lying  within  a  few 
miles  of  the  coast.  In  the  first  case,  there  was  the  advantage  of  inland  navi 
gation  ;  and  in  the  second,  that  of  the  security  and  defensibleness  of  an  insular 
position,  besides  its  being  more  cool  and  healthy  than  any  other. 

The  walls  of  the  fort  enclosed  a  considerable  space  of  ground,  upon  which 
were  built  the  necessary  magazines  for  the  reception  of  merchandise,  and  also 
barracks  for  the  soldiers  and  artificers,  and  a  depot  for  slaves  ;  so  that,  in  thu 
event  of  external  hostilities,  the  gates  might  be  shut,  and  the  persons  and  the 
property  belonging  to  the  establishment  placed  in  security.  The  quarters  foi 
the  officers  and  agents  employed  at  the  factory  were  in  general  erected  upon 
the  ramparts,  or  at  least  adjoining  them ;  while  the  negroes  in  their  service, 
and  any  others  that  might  be  attracted  to  the  spot,  placed  their  huts  outside  of 
the  walls  of  the  fort,  but  under  the  protection  of  its  guns. 


100  AFRICAN   SLAVE   TRADE. 

The  command  of  the  establishment  was  vested  in  the  hands  of  one  individ 
ual,  who  had  various  subordinates,  according  to  the  extent  of  the  trade  carried 
on  at  the  place ;  •  and  if  the  troops  who  garrisoned  the  fort  exceeded  twenty  or 
thirty,  a  commissioned  officer  usually  had  charge  of  them.  The  most  remark 
able  forts  were  St.  George  del  Mina,  erected  by  the  Portuguese,  though  it  sub 
sequently  fell  into  the  hands  of  the  Dutch  ;  Cape  Coast  Castle,  the  principal 
establishment  of  the  English ;  Fort  Louis,  at  the  mouth  of  the  Senegal,  gen 
erally  occupied  by  the  French ;  and  Goree,  situated  upon  an  island  of  the  same 
name,  near  Cape  Verd.  Most  of  these  forts  mounted  from  fifty  to  sixty  pieces 
of  cannon,  and  contained  large  reservoirs  for  water,  and  were  not  only  impreg 
nable  to  the  negroes,  but  capable  of  standing  a  regular  siege  by  a  European 
force. 

The  individuals  next  in  importance  to  the  director  or  governor  were  the  fac 
tors,  who  ranked  according  to  their  standing  in  the  company's  service.  The 
seniors  generally  remained  at  headquarters,  and  had  the  immediate  manage 
ment  of  the  trade  there,  and  the  care  of  the  supplies  of  European  merchan 
dise  which  were  always  kept  in  store.  The  junior  factors  were  employed  in 
carrying  on  the  traffic  in  the  interior  of  the  country,  which  they  did  sometimes 
by  ascending  the  rivers  in  armed  vessels,  and  exchanging  various  articles  for 
slaves,  gold-dust,  and  ivory,  with  the  negroes  inhabiting  the  neighborhood ; 
and  sometimes  by  establishing  themselves  for  several  months  in  a  large  town  of 
populous  district,  and,  as  it  were,  keeping  a  shop  to  which  the  natives  might 
resort  for  traffic. 

The  European  subordinates  of  the  establishment  consisted  of  clerks,  book 
keepers,  warehousemen,  artificers,  mechanics,  gunners,  and  private  soldiers,  all 
of  whom  had  particular  quarters  assigned  for  their  abode,  and  lived  under  mil 
itary  discipline.  The  soldiers  employed  in  the  service  of  the  different  African 
companies  were  mostly  invalids,  and  persons  who  had  been  dismissed  from  the 
army  on  account  of  bad  conduct.  Destitute  of  the  means  of  subsistence  at 
home,  such  men  willingly  engaged  to  go  to  the  coast  of  Africa,  where  they 
knew  they  would  be  permitted  to  lead  a  life  of  ease,  indolence,  and  licentious 
ness,  and  be  exposed  to  no  danger  except  that  of  a  deadly  climate,  which  was 
in  reality  the  most  certain  and  inevitable  one  that  they  could  anywhere  encoun 
ter.  Few  of  the  troops  in  any  of  the  forts  were  fit  for  active  duty,  which  was 
of  the  less  consequence,  because  they  were  seldom  or  never  required  to  fight 
except  upon  the  ramparts  of  the  place  in  which  they  might  be  quartered,  and 
not  often  even  there.  Hence  they  spent  their  time  in  smoking,  in  drinking  palm 
wine,  and  in  gaming,  and  were  generally  carried  off  by  fever  or  dissipation 
within  two  years  after  their  arrival  in  the  country.  A  stranger,  on  first  visit 
ing  any  of  the  African  forts,  felt  that  there  was  something  both  horrible  and 
ludicrous  in  the  appearance  of  its  garrison ;  for  the  individuals  composing  it 
appeared  ghastly,  debilitated,  and  diseased,  to  a  degree  that  is  unknown  in 
other  climates  ;  and  their  tattered  and  soiled  uniforms,  resembling  each  other 
only  in  meanness,  and  not  in  color,  suggested  the  idea  of  the  wearers  being  a 
band  of  drunken  deserters,  or  of  starved  and  maltreated  prisoners  of  war. 


EARLY   HISTORY.  101 

Each  company  was  in  the  practice  of  annually  sending  a  certain  number  of 
ships  to  its  respective  establishments,  freighted  with  European  goods  suitable 
for  traffic ;  while  its  factors  in  Africa  had  in  the  meantime  been  collecting  slaves, 
ivory,  gumarabic,  and  other  productions  of  the  country ;  so  that  the  vessels  on 
their  arrival  suffered  no  detention,  but  always  found  a  return  cargo  ready  for 
them. 

Though  the  forts  were  principally  employed  as  places  of  safe  deposit  for 
merchandise  received  from  Europe  or  collected  at  outposts,  they  were  also  gen 
erally  the  scene  of  a  considerable  trade,  being  resorted  to  for  that  purpose  not 
only  by  the  coast  negroes,  but  often  also  by  dealers  from  the  interior  of  the 
country,  who  would  bring  slaves,  ivory,  and  gold-dust  for  traffic.  Persons  of 
this  description  were  always  honorably,  and  even  ceremoniously  received  by  the 
governor  or  by  the  factors,  and  conciliated  in  every  possible  way,  lest  they 
might  carry  their  goods  to  another  market.  They  were  invited  to  enter  the 
fort,  and  were  treated  with  liquors,  sweetmeats,  and  presents,  and  urged  to 
drink  freely ;  and  no  sooner  did  they  show  symptoms  of  confusion  of  ideas, 
than  the  factors  proposed  to  trade  with  them,  and  displayed  the  articles  which 
they  were  disposed  to  give  in  exchange  for  their  slaves,  &c.  The  unsuspicious 
negro-merchant,  dazzled  by  the  variety  of  tempting  objects  placed  before  him, 
and  exhilarated  by  wine  or  brandy,  was  easily  led  to  conclude  a  bargain  little 
advantageous  to  himself;  and  before  he  had  fully  recovered  his  senses,  his  slaves, 
ivory,  and  gold-dust  were  transferred  to  the  stores  of  the  factory,  and  he  was 
obliged  to  be  contented  with  what  he  had  in  his  moments  of  inebriety  agreed 
to  accept  in  exchange  for  them." 

From  this  extract,  it  appears  that  not  only  did  the  managers  of  these  facto 
ries  receive  all  the  negroes  who  might  be  brought  down  to  the  coast,  but  that 
emissaries,  "junior  factors,"  as  they  were  called,  penetrated  into  the  interior, 
as  if  thoroughly  to  infect  the  central  tribes  with  the  spirit  of  commerce.  The 
result  of  this  was  the  creation  of  large  slave-markets  in  the  interior,  where  the 
negro  slaves  were  collected  for  sale,  and  where  slave-merchants,  whether  negro, 
Arabic,  or  European,  met  to  conclude  their  wholesale  bargains.  One  of  these 
great  slave-markets  was  at  Timbuctoo  ;  but  for  the  most  part  the  slaves  were 
brought  down  in  droves  by  Slatees,  or  negro  slave-merchants,  to  the  European 
factories  on  the  coast.  At  the  time  that  Park  traveled  in  Africa,  so  completely 
had  the  negroes  of  the  interior  become  possessed  with  the  trading  spirit,  so 
much  had  the  capture  and  abduction  of  negroes  grown  into  a  profession,  that 
these  native  slave-merchants  were  observed  to  treat  the  slaves  they  were  dri 
ving  to  the  coast  with  considerable  kindness.  The  negroes  were,  indeed, 
chained  together  to  prevent  their  escape.  Those  who  were  refractory  had  a 
thick  billet  of  wood  fastened  to  their  ankle  ;  and  as  the  poor  wretches  quitting 
their  native  spots  became  sullen  and  moody,  their  limbs  at  the  same  time 
swelling  and  breaking  out  in  sores  with  the  fatigue  of  traveling,  it  was  often 
necessary  to  apply  the  whip.  Still,  the  Slatees  were  not  wantonly  cruel ;  and 
there  was  nothing  they  liked  better  than  to  see  their  slaves  merry.  Occasion 
ally  they  would  halt  in  their  march,  and  encourage  the  negroes  to  sing  their 


102  NUBIAN  SLAVES. 

snatches  of  song,  or  play  their  games  of  hazard,  or  dance  under  the  shade  of 
the  tamarind  tree.  This,  however,  was  only  the  case  with  the  professional 
slave-driver,  who  was  commissioned  to  convey  the  negroes  to  the  coast ;  and 
if  we  wish  to  form  a  conception  of  the  extent  and  intricate  working  of  the 
curse  inflicted  upon  the  negroes  by  their  contact  with  white  men,  we  must  set 
ourselves  to  imagine  all  the  previous  kidnapping  and  fighting  which  must  have 
been  necessary  to  procure  every  one  of  these  droves  which  the  Slatees  carried 
down.  What  a  number  of  processes  must  have  conspired  to  bring  a  sufficient 
number  of  slaves  together  to  form  a  drove  !  In  one  case,  it  would  be  a  negro 
master  selling  a  number  of  his  spare  slaves ;  and  what  an  amount  of  suffering 
even  in  this  case  must  there  have  been  arising  from  the  separation  of  relatives  1 
In  another  case,  it  would  be  a  father  selling  his  son,  or  a  son  selling  his  old 
father,  or  a  creditor  selling  his  insolvent  debtor.  In  a  third,  it  would  be  a 
starving  family  voluntarily  surrendering  itself  to  slavery.  When  a  scarcity 
occurred,  instances  used  to  be  frequent  of  famishing  negroes  coming  to  the 
British  stations  in  Africa  and  begging  "to  be  put  upon  the  slave-chain."  In 
a  fourth  case  it  would  be  a  savage  selling  the  boy  or  girl  he  had  kidnapped  a 
week  ago  on  purpose.  In  a  fifth,  it  would  be  a  petty  negro  chief  disposing 
of  twenty  or  thirty  negroes  taken  alive  in  a  recent  attack  upon  a  village  at  a 
little  distance  from  his  own.  Sometimes  these  forays  in  quest  of  negroes  to 
sell  are  on  a  very  large  scale,  and  then  they  are  called  slave-hunts.  The  king 
of  one  negro  country  collects  a  large  army,  and  makes  an  expedition  into  the 
territories  of  another  negro  king,  ravaging  and  making  prisoners  as  he  goes. 
If  the  inhabitants  make  a  stand  against  him,  a  battle  ensues,  in  which  the 
invading  army  is  generally  victorious.  As  many  are  killed  as  may  be  necessary 
to  decide  that  such  is  the  case  ;  and  the  captives  are  driven  away  in  thousands, 
to  be  kept  on  the  property  of  the  victor  till  he  finds  opportunities  of  selling 
them.  In  1194,  the  king  of  the  southern  Foulahs,  a  powerful  tribe  in  Nigri- 
tia,  was  known  to  have  an  army  of  16,000  men  constantly  employed  in  these 
slave-hunting  expeditions  into  his  neighbors'  territories.  The  slaves  they  pro 
cured  made  the  largest  item  in  his  revenue. 


CHAPTER    VIII. 

SLAVE  TRAPFIO  OF  THE  LEVANT. — NUBIAN  SLAVES. 

The  Mohammedan  slave-trade. — Nubian  slaves  captured  for  the  slave  markets  of  the 
Levant. — Mohammed  Ali. — Grand  expeditions  for  hunting. — Annual  tribute  of  slaves. 
— The  encampment. — Attack  upon  the  villages. — Courage  of  the  natives. — Their  heroio 
resistance. — Cruelty  of  the  victors. — Destruction  of  villages.  The  captives  sold  into 
slavery. 


HILE  Central  and  Eastern  Africa  were  ravaged  for  slaves  to  supply  the 
American  market,  Nubia  and  other  districts  were  equally  laid  under  contribu- 


NUBIAN   SLAVES.  103 

tion  to  supply  the  slave  markets  of  the  Levant,  of  Egypt,  Turkey  and  the 
East.  The  one  may  be  called  the  Christian,  the  other  the  Mohammedan  Slave 
Trade.  The  main  difference  between  the  two  trades  was,  that  while  the 
Europeans  generally  bought  slaves  after  they  had  been  captured,  the  less  fas 
tidious  Turks  captured  slaves  for  themselves.  We  have  been  accustomed  to 
interest  ourselves  so  much  in  the  western  or  Christian  slave-trade,  that  we  have 
paid  but  little  attention  to  the  other.  While  the  one  trade  has  been  legally 
abolished,  the  other  is  carried  on  as  vigorously  as  ever.  A  traffic  in  negroes 
is  at  present  going  on  between  Negroland  and  the  whole  of  the  East.  While 
it  has  been  declared  illegal  to  carry  away  a  negro  from  the  coast  of  Guinea, 
negroes  are  bought  and  sold  daily  in  the  public  slave  markets  of  Cairo  and 
Constantinople. 

When  Dr.  Madden,  of  England,  went  to  Egypt  in  1840,  as  the  bearer  of  a 
letter  from  the  Anti-Slavery  Convention  to  Mohammed  Ali,  the  ruler  of  Egypt, 
congratulating  him  upon  his  having  issued  an  order  abolishing  the  slave  hunts, 
to  his  great  surprise,  he  found  that  the  order,  though  issued,  had  never  been 
enforced,  and  probably  never  would  be.  The  truth  is,  that  Mohammed  himself 
had  brought  the  system  of  hunting  slaves  to  a  high  degree  of  perfection. 
Nubia  was  his  principal  hunting  ground,  into  which  he  permitted  no  intruder. 
His  own  expeditions  were  conducted  on  a  grand  scale ;  and  generally  took 
place  after  the  rainy  season.  From  Dr.  Madden's  work,  we  extract  a  descrip 
tion  of  these  slave  hunts  :  "  The  capturing  expedition  consists  of  from  1000 
to  2000  regular  foot  soldiers ;  from  400  to  800  mounted  Bedouins,  armed  with 
guns  and  pistols ;  from  300  to  500  militia,  half-naked  savages  on  dromedaries, 
armed  with  spears,  and  1000  more  on  foot,  armed  with  small  lances.  As  soon 
as  everything  is  ready,  the  march  begins.  They  usually  take  from  two  to  four 
field-pieces,  and  only  sufficient  bread  for  the  first  eight  days.  They  take 
by  force  on  the  route  such  oxen,  sheep,  and  other  cattle  as  they  may  need, 
making  no  reparation  and  listening  to  no  complaints,  as  the  governor  himself 
is  present. 

As  soon  as  they  arrive  at  the  nearest  mountains  in  Nubia,  the  inhabitants 
are  asked  to  give  the  appointed  number  of  slaves  as  their  customary  tribute. 
This  is  usually  done  with  readiness,  as  they  are  well  aware  that  by  an  obstinate 
refusal,  they  expose  themselves  to  far  greater  sufferings.  If  the  slaves  are 
given  without  resistance,  the  inhabitants  of  that  mountain  are  preserved  from 
the  horrors  of  an  open  attack ;  but  as  the  food  of  the  soldiers  begins  to  fail 
about  that  time,  the  poor  people  are  obliged  to  procure  the  necessary  provis 
ions  as  well  as  the  specified  number  of  slaves,  and  the  Turks  do  not  consider 
whether  the  harvest  has  been  good  or  bad.  All  that  is  not  freely  given,  the 
soldiers  take  by  force.  Like  so  many  bloodhounds,  they  know  how  to  discover 
the  hidden  stores,  and  frequently  leave  these  unfortunate  people  scarcely  a  loaf 
for  the  next  day.  They  then  proceed  on  to  the  more  distant  mountains  :  here 
they  consider  themselves  to  be  in  the  land  of  an  enemy ;  they  encamp  near  the 
mountain  which  they  intend  to  take  by  storm  the  following  day,  or  immediately. 
if  it  is  practicable.  But  before  the  attack  commences,  they  endeavor  to  settle 


104  NUBIAN  SLAVES. 

the  affair  amicably :  a  messenger  is  sent  to  the  sheik,  in  order  to  invite  him  to 
come  to  the  camp,  and  to  bring  with  him  the  requisite  number  of  slaves.  If 
the  chief  agrees  with  his  subjects  to  the  proposal,  in  order  to  prevent  all  fur 
ther  bloodshed,  or  if  he  finds  his  means  inadequate  to  attempt  resistance,  he 
readily  gives  the  appointed  number  of  slaves.  The  sheik  then -proceeds  to 
procure  the  number  he  has  promised ;  and  this  is  not  difficult,  for  many  volun 
teers  offer  themselves  for  their  brethren,  and  are  ready  to  subject  themselves 
to  all  the  horrors  of  slavery,  in  order  to  free  those  they  love.  Sometimes  they 
are  obliged  to  be  torn  by  force  from  the  embraces  of  their  friends  and  relations. 
The  sheik  generally  receives  a  dress  as  a  present  for  his  ready  services. 

But  there  are  very  few  mountains  that  submit  to  such  a  demand.  Most 
villages  which  are  advantageously  situated,  and  lie  near  steep  precipices  or  in 
accessible  heights,  that  can  be  ascended  only  with  difficulty,  defend  themselves 
most  valiantly,  and  fight  for  the  rights  of  liberty  with  a  courage,  perseverance, 
and  sacrifice,  of  which  history  furnishes  us  with  few  examples.  Very  few  flee 
at  the  approach  of  their  enemies,  although  they  might  take  refuge  in  the  high 
mountains  with  all  their  goods,  especially  as  they  receive  timely  information  of 
the  arrival  of  the  soldiers ;  but  they  consider  such  flights  cowardly  and  shame 
ful,  and  prefer  to  die  fighting  for  their  liberty. 

If  the  sheik  does  not  yield  to  the  demand,  an  attack  is  made  upon  the  vil 
lage.  The  cavalry  and  bearers  of  lances  surround  the  whole  mountain,  and 
the  infantry  endeavor  to  climb  the  heights.  Formerly,  they  fired  with  cannon 
upon  the  villages  and  those  places  where  the  negroes  were  assembled,  but,  on 
account  of  the  want  of  skill  of  the  artillerymen,  few  shots,  if  any,  took  effect ; 
the  negroes  became  indifferent  to  this  prelude,  and  were  only  stimulated  to  a 
more  obstinate  resistance.  The  thundering  of  the  cannon  at  first  caused  more 
consternation  than  their  effects,  but  the  fears  of  the  negroes  ceased  as  soon  as 
they  became  accustomed  to  it.  Before  the  attack  commences,  all  avenues  to 
the  village  are  blocked  up  with  large  stones  or  other  impediments,  the  village 
is  provided  with  water  for  several  days,  the  cattle  and  other  property  taken  up 
to  the  mountains  ;  in  short,  nothing  necessary  for  a  proper  defense  is  neglected. 
The  men,  armed  only  with  lances,  occupy  every  spot  which  may  be  defended ; 
and  even  the  women  do  not  remain  inactive ;  they  either  take  part  in  the  bat 
tle  personally,  or  encourage  their  husbands  by  their  cries  and  lamentations,  and 
provide  them  with  arms ;  in  short,  all  are  active,  except  the  sick  and  aged. 
The  points  of  their  wooden  lances  are  first  dipped  into  a  poison  which  is  stand- 
ng  by  them  in  an  earthen  vessel,  and  which  is  prepared  from  the  juice  of  a 
certain  plant.  The  poison  is  of  a  whitish  color,  and  looks  like  milk  which  has 
been  standing ;  the  nature  of  the  plant,  and  the  manner  in  which  the  pciscn  is 
prepared,  is  still  a  secret,  and  generally  known  only  to  one  family  in  the  vil 
lage,  who  will  not  on  any  account  make  it  known  to  others. 

The  signal  for  attack  being  given,  the  infantry  sound  the  alarm,  and  an  as 
sault  is  made  upon  the  mountain.  Hundreds  of  lances,  large  stones,  and  pieces 
of  wood,  are  then  thrown  at  the  assailants ;  behind  every  large  stone  a  negro 
is  concealed,  who  either  throws  his  poisoned  lance  at  the  enemy,  or  waits  for 


NUBIAN  SLAVES.  105 

ohe  moment  when  his  opponent  approaches  the  spot  of  his  concealment,  when 
he  pierces  him  with  his  lance.  The  soldiers,  who  are  only  able  to  climb  up  the 
steep  heights  with  great  difficulty,  are  obliged  to  sling  their  guns  over  their 
backs,  in  order  to  have  the  use  of  their  hands  when  climbing,  and,  conse 
quently,  are  often  in  the  power  of  the  negroes  before  they  are  able  to  discover 
them.  But  nothing  deters  these  robbers.  Animated  with  avarice  and  revenge, 
they  mind  no  impediment,  not  even  death  itself.  One  after  another  treads 
upon  the  corpse  of  his  comrade,  and  thinks  only  of  robbery  and  murder ;  and 
the  village  is  at  last  taken,  in  spite  of  the  most  desperate  resistance.  And 
then  the  revenge  is  horrible.  Neither  the  aged  nor  the  sick  are  spared ; 
women,  and  even  children  in  the  womb,  fall  a  sacrifice  to  their  fury ;  the  huts 
are  plundered,  the  little  possessions  of  the  unfortunate  inhabitants  carried 
away  or  destroyed,  and  all  that  fall  alive  into  the  hands  of  the  robbers  are  led 
as  slaves  into  the  camp.  When  the  negroes  see  that  their  resistance  is  no 
longer  of  any  avail,  they  frequently  prefer  death  to  slavery ;  and  if  they  are 
not  prevented,  you  may  see  the  father  rip  up  first  the  stomach  of  his  wife, 
then  of  his  children,  and  then  his  own,  that  they  may  not  fall  alive  into  the 
hands  of  the  enemy.  Others  endeavor  to  save  themselves  by  creeping  into 
holes,  and  remain  there  for  several  days  without  nourishment,  where  there  is 
frequently  only  room  sufficient  to  allow  them  to  lie  on  their  backs,  and  in  that 
situation  they  sometimes  remain  for  eight  days.  They  have  assured  me,  that 
if  they  can  overcome  the  first  three  days,  they  may,  with  a  little  eifort,  con 
tinue  full  eight  days  without  food.  But  even  from  these  hiding-places  the 
unfeeling  barbarians  know  how  to  draw  them,  or  they  make  use  of  means  to 
destroy  them :  provided  with  combustibles,  such  as  pitch,  brimstone,  &c.,  the 
soldiers  try  to  kindle  a  fire  before  the  entrance  of  the  holes,  and,  by  forcing 
the  stinking  smoke  into  them,  the  poor  creatures  are  obliged  to  creep  out  and 
surrender  themselves  to  their  enemies,  or  they  are  suffocated  with  the  smoke. 

After  the  Turks  have  done  all  in  their  power  to  capture  the  living,  they  lead 
these  unfortunate  people  into  the  camp ;  they  then  plunder  the  huts  and  the 
cattle ;  and  several  hundred  soldiers  are  engaged  in  searching  the  mountain  in 
every  direction,  in  order  to  steal  the  hidden  harvest,  that  the  rest  of  the  ne 
groes,  who  were  fortunate  enough  to  escape,  and  have  hid  themselves  in  inac 
cessible  caves,  should  not  find  anything  on  their  return  to  nourish  and  continue 
their  life. 

When  slaves  to  the  number  of  500  or  600  are  obtained,  they  are  sent  to 
Lobeid,  with  an  escort  of  country  people,  and  about  fifty  soldiers,  under  the 
command  of  an  officer.  In  order  to  prevent  escape,  a  sheba  is  hung  round 
the  necks  of  the  adults.  A  sheba  is  a  young  tree,  about  eight  feet  long,  and 
two  inches  thick,  and  which  has  a  fork  at  the  top ;  it  is  so  tied  to  the  neck  of 
the  poor  creature,  that  the  trunk  of  the  tree  hangs  down  in  the  front,  and  the 
fork  is  closed  behind  the  neck  with  a  cross-piece  of  timber,  or  tied  together 
with  strips  cut  out  of  a  fresh  skin ;  and  in  this  situation  the  slave,  in  order  to 
walk  at  all,  is  obliged  to  take  the  tree  into  his  hands,  and  to  carry  it  before 
him.  But  none  can  endure  this  very  long ;  and  to  render  it  easier,  the  one  in 


106  AFRICAN   SLAVE   TRADE. 

advance  takes  the  tree  of  the  man  behind  him  on  his  shoulder."  In  this  way, 
the  men  carrying  the  sheba,  the  boys  tied  together  by  the  wrists,  the  women 
and  children  walking  at  their  liberty,  and  the  old  and  feeble  tottering  along 
leaning  on  their  relations,  the  whole  of  the  captives  are  driven  into  Egypt, 
there  to  be  exposed  for  sale  in  the  slave-market.  Thus  negroes  and  Nubians 
are  distributed  over  the  East,  through  Persia,  Arabia,  India,  &c.* 


CHAPTER     IX. 

AFRICAN  SLAVE  TRADE  IN  THE  EIGHTEENTH  CENTURY. 

England  first  engages  in  the  Slave  Trade  in  1562 — Sir  John  Hawkins'  voyages. — British 
first  established  a  regular  trade  in  1618. — Second  charter  granted  in  1631. — Third 
charter  in  1662. — Capture  of  the  Dutch  Forts. — Retaken  by  De  Ruyter. — Fourth 
charter  in  1 672 ;  the  King  and  Duke  of  York  shareholders. — Monopoly  abolished,  and 
free  trade  in  Slaves  declared. — Flourishing  condition  of  the  Trade. — Numbers  annual 
ly  exported. — Public  sentiment  aroused  against  the  Slave  Trade  in  England. — Parlia 
ment  resolve  to  hear  Evidence  upon  the  subject. — Abstract  of  the  Evidence  taken 
before  a  Select  Committee  of  the  House  of  Commons  in  1790  and  1791 — Revealing  the 
Enormities  committed  by  the  Natives  on  the  persons  of  one  another  to  procure  Slaves 
for  the  Europeans. — War  and  Kidnapping — imputed  Crimes. — Villages  attacked  and 
burned,  and  inhabitants  seized  and  sold. — African  chiefs  excited  by  intoxication  to 
sell  their  subjects. 


s 


IR  John  Hawkins  was  the  first  Englishman  who  transported  slaves  from 
Africa  to  America.  This  was  in  1562.  His  adventures  are  recorded  by 
Hakluyt,  a  cotemporary  historian.  He  sailed  from  England  in  October,  1562, 
for  Sierra  Leone,  and  in  a  short  time  obtained  possession  of  300  negroes, 
"  partly  by  the  sword  and  partly  by  other  means. "  He  proceeded  directly  to 
Hispaniola,  and  exchanged  his  cargo  for  hides,  ginger,  sugar,  &c.,  and  arrived 
in  England,  after  an  absence  of  eleven  months.  The  voyage  was  "very  pros 
perous,  and  brought  great  profit  to  the  adventurers." 

This  success  excited  the  avarice  of  his  countrymen ;  and  the  next  year, 
Hawkins  sailed  for  Guinea  with  three  ships.  The  history  of  this  voyage  is 
related  at  large  in  Hakluyt's  collections,  by  a  person  who  sailed  with  Hawkins. 
They  landed  at  a  small  island  on  the  coast  to  see  if  they  could  take  any  of  the 
inhabitants.  Eighty  men,  with  arms  and  ammunition,  started  on  the  hunt ; 
but  the  natives  flying  into  the  woods,  they  returned  without  success.  A  short 
time  after,  they  proceeded  to  another  island,  called  Sambula.  "In  this 
island,"  says  the  narrator,  "  we  staid  certain  days,  going  every  day  on  shore  to 
take  the  inhabitants,  with  burning  and  spoiling  their  towns."  Hawkins  made 
a  third  voyage  in  1568,  with  six  ships,  which,  it  seems,  "terminated  most 
miserably,"  and  put  a  stop  for  some  years  to  the  traffic. 

*  Dr.  Madden's  Egypt  and  Mohammed  Ali. 


ENGLISH  COMPANIES.  107 

The  first  attempt  by  the  British  to  establish  a  regular  trade  on  the  African 
coast,  was  made  in  the  year  1618,  when  James  I.  granted  an  exclusive  charter 
to  Sir  Robert  Rich,  and  some  other  merchants  of  London,  for  raising  a  joint 
stock  company  to  trade  to  Guinea.  The  profits  not  being  found  to  answer 
their  expectations,  the  charter  was  suffered  to  expire. 

In  1631,  Charles  I.  granted  a  second  charter  to  Richard  Young,  Sir  Ken- 
elm  Digby,  and  sundry  merchants,  to  enjoy  the  exclusive  trade  to  the  coast 
of  Guinea,  between  Cape  Blanco  and  the  Cape  of  Good  Hope,  for  a  period 
of  thirty-one  years.  As  the  English  had  by  this  time  began  the  settlement 
of  plantations  in  the  West  Indies,  negroes  were  in  general  demand ;  and  the 
company  erected  on  the  African  coast,  forts  and  warehouses,  to  protect  their 
commerce.  Private  adventurers  and  interlopers  of  all  nations  broke  in  upon 
them,  and  forced  the  trade  open,  and  so  it  continued  until  after  the  restora 
tion  of  Charles  II. 

In  1662,  a  third  exclusive  company  was  incorporated,  consisting  of  many 
persons  of  high  rank  and  distinction,  at  the  head  of  whom  was  the  king's 
brother,  the  Duke  of  York.  This  company  undertook  to  supply  the  English 
plantations  with  3000  negroes,  annually.  In  1664,  all  the  Dutch  forts  on  the 
African  coast  but  two  were  captured  by  the  English ;  but  in  the  following 
year  they  were  retaken  by  the  Dutch  Admiral,  De  Ruyter,  who  also  seized 
one  of  the  forts  belonging  to  the  English  company.  In  1672,  the  company 
surrendered  their  charter. 

The  same  year,  1672,  the  fourth  and  last  exclusive  company  was  established. 
It  was  dignified  by  the  title  of  the  Royal  African  Company,  and  had  among 
the  stockholders,  the  king,  the  duke  of  York,  and  many  other  persons  of  high 
rank.  The  capital  was  £111,000,  and  was  raised  in  nine  months.  They  paid 
£35,000  for  the  forts  of  the  old  company.  Besides  the  traffic  in  slaves,  they 
imported  into  England  great  quantities  of  gold.  In  "1673,  50,000  guineas, 
(named  from  the  country),  were  coined.  They  also  imported  redwood,  ivory, 
wax,  «fec.,  and  exported  to  the  value  of  £70,000,  annually,  in  English  goods. 

The  revolution  of  1688  upset  the  exclusive  privileges  of  this  company.  By 
the  1st  William  and  Mary,  the  African,  and  all  other  exclusive  companies  not 
authorized  by  parliament  were  abolished.  The  company,  however,  continued 
its  operations. 

The  trade  to  Africa,  by  the  statute,  was  virtually  free,  but  it  was  expressly 
made  so  in  1698,  under  certain  conditions.  A  duty  of  ten  per  cent,  ad  valo 
rem,  was  laid  upon  the  goods  exported  from  England  to  carry  on  the  trade,  to 
be  paid  to  the  collector  at  the  time  of  clearance.  This  duty  went  to  the  com 
pany.  A  further  duty  of  ten  per  cent,  ad  valorem,  was  laid  upon  all  goods 
and  merchandise  imported  into  England  and  the  colonies,  from  Africa.  This 
duty  was  applied  to  the  maintenance  of  the  forts  and  castles.  No  duty  was 
to  be  laid  upon  negroes,  nor  upon  gold  or  silver. 

Against  the  provisions  of  this  law,  both  the  company  and  private  traders 
remonstrated,  but  without  effect.  In  the  course  of  a  few  years,  the  affairs  of 
the  company  were  found  in  bad  condition ;  and  Parliament  in  1739,  granted 


108  AFRICAN  SLAVE  TRADE. 

them  £10,000,  and  the  like  sum  annually  until  1744,  when  the  grant  was 
doubled  for  that  year.  In  1747,  no  grant  was  made. 

In  1750,  the  "act  for  extending  and  improving  the  African  trade"  was 
passed,  and  continued  in  force  until  the  close  of  the  century. 

In  1790,  the  whole  number  of  forts  and  factories  established  on  the  coast, 
was  about  forty ;  fourteen  belonged  to  the  English,  fifteen  to  the  Dutch,  three 
to  the  French,  four  to  the  Portuguese,  and  four  to  the  Danes.  The  value  of 
English  goods  annually  exported  to  Africa  about  that  time,  was  estimated  at 
£800,000  sterling. 

It  is  impossible  to  arrive  at  any  exact  conclusion  as  to  the  number  of  negroes 
annually  carried  off  by  the  traders  of  various  nations  about  this  time,  but  there 
is  reason  to  believe  that  it  did  not  fall  far  short  of  100,000.  It  has  been 
estimated,  that  up  to  the  close  of  the  last  century,  Africa  must  have  been  de 
frauded  of  a  population  of  30,000,000.  The  principal  slave  importing  places 
were  the  West  India  Islands,  the  British  Colonies  of  North  America,  Brazil, 
and  other  settlements  in  South  America. 

Very  early  after  the  commencement  of  the  slave  trade,  the  Africans  began  to 
be  considered  as  an  inferior  race,  and  even  their  very  color  as  a  mark  of  it. 
Under  this  notion  they  continued  to  be  transported  for  centuries,  until  various 
persons,  taking  an  interest  in  their  sufferings,  produced  such  a  union  of  public 
sentiment  in  their  favor  in  England,  that  parliament  was  induced  to  consider 
their  case  by  hearing  evidence  upon  it.  It  is  this  evidence  which  we  now 
propose  to  lay  before  the  reader,  in  all  its  sickening  and  horrible  details.  It 
was  heard  before  a  select  committee  of  the  House  of  Commons,  in  the  years 
1790  and  1791,  and  we  quote  it  as  most  reliable  proof  of  the  enormities  of  the 
African  Slave  Trade.  It  was  given  by  persons,  some  of  whom  had  been  en 
gaged  in  the  traffic,  and  had  visited  all  the  principal  parts  of  Africa  from  the 
river  Senegal  to  Angola,  had  been  up  and  down  the  rivers,  and  had  resided 
on  shore.  This  testimony  covers  the  period  from  1750  to  1790. 

ABSTRACT  OF  EVIDENCE  BEFORE  HOUSE  OF  COMMONS. 

The  trade  for  slaves,  (says  Mr.  Kiernan),  in  the  river  Senegal,  was  chiefly 
with  the  Moors,  on  the  northern  banks,  who  got  them  very  often  by  war,  and 
not  seldom  by  kidnapping ;  that  is,  lying  in  wait  near  a  village,  where  there 
was  no  open  war,  and  siezing  whom  they  could.  He  has  oftfin  heard  of  vil 
lages,  and  seen  the  remains  of  such,  broken  up  by  making  the  people  slaves. 
That  the  Moors  used  to  cross  the  Senegal  to  catch  the  negroes  was  spoken  of 
at  Fort  Louis  as  notorious ;  and  he  has  seen  instances  of  it  where  the  persons 
so  taken  were  ransomed. 

General  Rooke  says,  tha,t  kidnapping  took  place  in  the  neighborhood  of 
Goree.  It  was  spoken  of  as  a  common  practice.  It  was  reckoned  disgrace 
ful  there,  but  he  cannot  speak  of  the  opinion  about  it  on  the  Continent.  He 
remembers  two  or  three  instances  of  negroes  being  brought  to  Goree,  who 
had  been  kidnapped,  but  could  not  discover  by  whom.  At  their  own  request 
he  immediately  sent  them  back. 


PROCURING   SLAVES.  109 

Mr.  Dalrymple  found  that  the  great  droves  (Caffellas  or  Caravans)  of  slaves 
brought  from  inland,  by  way  of  Galam,  to  Senegal  and  Gambia,  were  prison 
ers  of  war.  Those  sold  to  vessels  at  Goree,  and  near  it,  were  procured  either 
by  the  grand  pillage,  the  lesser  pillage,  or  by  robbery  of  individuals,  or  in  con 
sequence  of  crimes.  The  grand  pillage  is  executed  by  the  king's  soldiers,  from 
three  hundred  to  three  thousand  at  a  time,  who  attack  and  set  fire  to  a  village, 
and  seize  the  inhabitants  as  they  can.  The  smaller  parties  generally  lie  hi 
wait  about  the  villages,  and  take  off  all  they  can  surprise  ;  which  is  also  done 
by  individuals,  who  do  not  belong  to  the  king,  but  are  private  robbers. 
These  sell  their  prey  on  the-  coast,  where  it  is  well  known  no  questions  as  to 
the  means  of  obtaining  it  are  asked. 

As  to  kidnapping,  it  is  so  notorious  about  Goree,  that  he  never  heard  any 
person  deny  it  there.  Two  men  while  he  was  there  offered  a  person,  a 
messenger  from  Senegal  to  Rufisco,  for  sale,  to  the  garrison,  who  even  boasted 
how  they  had  obtained  him.  Many  also  were  brought  to  Goree  while  he  was 
there,  procured  in  the  same  manner.  These  depredations  are  also  practiced 
by  the  Moors  :  he  saw  many  slaves  in  Africa  who  told  him  they  were  taken 
by  them ;  particularly  three,  one  of  whom  was  a  woman,  who  cried  very  much, 
and  seemed  to  be  in  great  distress  ;  the  two  others  were  more  reconciled  to 
their  fate. 

Captain  Wilson  says,  that  slaves  are  either  procured  by  intestine  wars,  or 
by  kings  breaking  up  villages,  or  crimes  real  or  imputed,  or  kidnapping.  Vil 
lages  are  broken  up  by  the  king's  troops  surrounding  them  in  the  night,  and 
seizing  such  of  the  inhabitants  as  suit  their  purpose.  This  practice  is  most 
common  when  there  is  no  war  with  another  state.  It  is  universally  acknowl 
edged  that  free  persons  are  sold  for  real  or  imputed  crimes,  for  the  benefit  of 
their  judges.  Soon  after  his  arrival  at  Goree,  king  Darnel  sent  a  free  man  to 
him  for  sale,  and  was  to  haje  the  price  himself.  One  of  the  king's  guards 
being  asked  whether  the  man  was  guilty  of  the  crime  impnted  to  him,  answered, 
that  was  of  no  consequence,  or  ever  inquired  into.  Captain  Wilson  returned 
the  man. 

Kidnapping  was  acknowledged  by  all  he  conversed  with,  to  be  generally 
prevalent.  It  is  the  first  principle  of  the  natives,  the  principle  of  self-preser 
vation,  never  to  go  unarmed,  while  a  slave- vessel  is  on  the  coast,  for  fear  of 
being  stolen.  When  he  has  met  them  thus  armed,  and  inquired  of  them, 
through  his  interpreter,  the  reason  of  it,  they  have  pointed  to  a  French  slave- 
vessel  then  lying  at  Portudal,  and  said  their  fears  arose  from  that  quarter. 
As  a  positive  instance,  he  says,  a  courier  of  Captain  Lacy's,  his  predecessor, 
though  a  Moor,  a  free  man,  and  one  who  spoke  the  French  language  fluently, 
was  kidnapped  as  he  was  traveling  on  the  continent  with  dispatches  on  his 
Britannic  Majesty's  account,  and  sold  to  a  French  vessel,  from  which  he,  Cap 
tain  Wilson,  after  much  trouble,  actually  got  him  back. 

When  he  presided  in  a  court  at  Goree,  a  Maraboo  swore,  with  an  energy 
which  evinced  the  truth  of  his  evidence,  that  his  brother,  another  Maraboo, 
had  been  kidnapped  in  the  act  of  drinking,  a  moment  known  to  be  sacred  by 


110  AFRICAN  SLAVE  TRADE. 

their  religion,  at  the  instigation  of  a  former  governor,  who  had  taken  a  dislike 
to  him.  This  was  a  matter  notorious  at  Goree. 

Mr.  Wadstrom  knows  slaves  to  be  procured  between  Senegal  and  Gambia, 
either  by  the  general  pillage  or  by  robbery  by  individuals,  or  by  stratagem  and 
deceit.  The  general  pillage  is  executed  by  the  king's  troops  on  horseback, 
armed,  who  seize  the  unprepared.  Mr.  Wadstrom,  during  the  week  he  was  at 
Joal,  accompanying  one  of  those  embassies  which  the  French  governor  sends 
yearly  with  presents  to  the  black  kings,  to  keep  up  the  slave  trade,  saw  parties 
sent  out  for  this  purpose,  by  king  Barbesin,  almost  every  day.  These  parties 
went  out  generally  in  the  evening,  and  were  armed  with  bows  and  arrows,  guns, 
pistols,  sabres,  and  long  lances.  The  king  of  Sallum  practices  the  pillage  also. 
Mr.  Wadstrom  saw  twenty-seven  slaves  from  Sallum,  twenty-three  of  whom 
were  women  and  children,  thus  taken.  He  was  told  also  by  merchants  at  Go 
ree,  that  king  Darnel  practices  the  pillage  in  like  manner. 

Robbery  was  a  general  way  of  taking  single  slaves.  He  once  saw  a  woman 
and  a  boy  in  the  slave-hold  at  Goree  ;  the  latter  had  been  taken  by  stealth  from 
his  parents  in  the  interior  parts  above  Cape  Rouge,  and  he  declared  that  such 
robberies  were  very  frequent  in  his  country ;  the  former,  at  Rufisco,  from  her 
husband  and  children.  He  could  state  several  instances  of  such  robberies.  He 
very  often  saw  negroes  thus  taken  brought  to  Goree.  Ganna  of  Dacard  was  a 
noted  man-stealer,  and  employed  as  such  by  the  slave-merchants  there.  As  in 
stances  of  stratagem  employed  to  obtain  slaves,  he  relates  that  a  French  merchant 
taking  a  fancy  to  a  negro,  who  was  on  a  visit  to  Dacard,  persuaded  the  village, 
for  a  certain  price,  to  seize  him.  He  was  accordingly  taken  from  his  wife,  who 
wished  to  accompany  him,  but  the  Frenchman  had  not  merchandise  enough  to 
buy  both.  Mr.  Wadstrom  saw  this  negro  at  Goree,  the  day  he  arrived  from 
Dacard,  chained,  and  lying  on  the  ground,  exceedingly  distressed  in  his  mind. 
The  king  of  Sallum  also  prevailed  on  a  woman  to  come  into  his  kingdom,  and 
sell  him  some  millet.  On  her  arrival,  he  seized  and  sold  her  to  a  French  of 
ficer,  with  whom  Mr.  Wadstrom  saw  this  woman  every  day  while  at  Goree. 
Mr.  Wadstrom  was  on  the  island  of  St.  Louis,  up  the  Senegal  also,  and  on  tho 
continent  near  the  river,  and  says  that  all  the  slaves  sold  at  Senegal,  are  brought 
down  the  river,  except  those  taken  by  the  robbery  of  the  Moors  in  the  neigh 
borhood,  which  is  sometimes  conducted  by  large  parties,  in  what  are  called  petty 
wars. 

Captain  Hills  saw,  while  lying  between  Goree  and  the  continent,  the  natives, 
in  an  evening,  often  go  out  in  war  dresses,  as  he  found,  to  obtain  slaves  for  king 
Darnel,  to  be  sold.  The  reason  was,  that  the  king  was  then  poor,  not  having 
received  his  usual  dues  from  us.  He  never  saw  the  parties  that  went  out  re 
turn  with  slaves,  but  has  often  seen  slaves  in  their  huts  tied  back  to  back.  He 
remembers  also  that  some  robbers  once  brought  him  a  man,  bound,  on  board  the 
Zephyr,  to  sell,  but  he,  Captain  Hills,  would  not  buy  him,  but  suffered  him  to 
escape.  The  natives  on  the  continent  opposite  to  Goree  all  go  armed,  he  im 
agines  for  fear  of  being  taken. 

When  in  the  river  Gambia,  wanting  servants  on  board  his  ship,  he  expressed 


PROCURLNG   SLAVES.  Ill 

a  wish  for  some  volunteers.  A  black  pilot  in  the  boat  called  two  boys  who 
were  on  shore,  carrying  baskets  of  shallots,  and  asked  Captain  Hills  if  they 
would  do,  in  which  case  he  would  take  them  off,  and  bring  them  to  him.  This 
he  declined.  From  the  ease  with  which  the  pilot  did  it,  he  concludes  this  was 
customary.  The  black  pilot  said  the  merchantmen  would  not  refuse  such  an 
offer.  He  apprehends  these  two  boys  were  free  people,  from  the  pilot's  mode 
of  speaking,  and  from  his  winking,  implying  that  it  was  an  illicit  thing.  A 
boy,  whom  he  bought  from  the  merchants  in  the  same  river,  had  been  carried 
in  the  night  from  his  father's  house,  where  a  skirmish  had  happened,  in  which 
he  believes  he  saw  both  his  parents,  but  he  well  remembers  that  one  was  killed. 
The  boy  said  many  were  killed,  and  some  taken. 

Mr.  Ellison  spoke  the  Mandingo  language,  in  consequence  of  which  he  has 
often  conversed  with  slaves  from  the  Gambia,  to  which  river  he  made  three 
voyages,  and  they  universally  informed  him  that  they  had  been  stolen  and  sold. 

The  natives  up  the  river  Scaffus  informed  Mr.  Bowman  that  they  had  got 
two  women  and  a  girl,  whom  they  then  brought  him,  in  a  small  town  which 
they  had  surprised  in  the  night ;  that  others  had  got  off,  but  they  expected  the 
rest  of  the  party  would  bring  them  in,  in  two  or  three  days.  When  these  ar 
rived,  they  brought  with  them  two  men  whom  Mr.  Bowman  knew,  and  had 
traded  with  formerly ;  upon  questioning  them,  he  discovered  the  women  he 
had  bought  to  be  their  wives.  Both  men  and  women  informed  him  that  the 
war-men  had  taken  them  while  asleep.  The  war-men  used  to  go  out,  Mr.  Bow 
man  says,  once  or  twice  in  eight  or  ten  days,  while  he  was  at  Scaffus.  It  was 
their  constant  way  of  getting  slaves,  he  believed,  because  they  always  came  to 
the  factory  before  setting  out,  and  demanded  powder,  ball,  gun-flints,  and  small 
shot ;  also,  rum,  tobacco,  and  a  few  other  articles.  When  supplied,  they  blew 
the  horn,  made  the  war-cry,  and  set  off.  If  they  met  with  no  slaves,  they  would 
bring  him  some  ivory  and  camwood.  Sometimes  he  accompanied  them  a  mile 
or  so,  and  once  joined  the  party,  anxious  to  know  by  what  means  they  ob 
tained  the  slaves.  Having  traveled  all  day,  they  came  to  a  small  river,  when 
he  was  told  they  had  but  a  little  way  farther  to  go.  Having  crossed  the  river, 
they  stopped  till  dark.  Here  Mr.  Bowman  (it  was  about  the  middle  of  the 
night)  was  afraid  to  go  farther,  and  prevailed  on  the  king's  son  to  leave  him  a 
guard  of  four  men.  In  half  an  hour  he  heard  the  war  cry,  by  which  he  under 
stood  they  had  reached  a  town.  In  about  half  an  hour  more  they  returned, 
bringing  from  twenty-five  to  thirty  men,  women  and  children,  some  of  the  latter 
at  the  breast.  At  this  time  he  saw  the  town  in  flames.  When  they  had  re- 
crossed  the  river,  it  was  just  daylight,  and  they  reached  Scaffus  about  mid-day. 
The  prisoners  were  carried  to  different  parts  of  the  town.  They  are  usually 
brought  in  with  strings  around  their  necks,  and  some  have  their  hands  tied 
across.  He  never  saw  any  slaves  there  who  had  been  convicted  of  crimes. 
He  has  been  called  up  in  the  night  to  see  fires,  and  told  by  the  town's  people 
that  it  was  war  carrying  on. 

Whatever  rivers  he  traded  in,  such  as  Sierra  Leone,  Junk,  and  little  Cape 
Mount,  he  has  usually  passed  burnt  and  deserted  villages,  and  learned  from  the 


112  AFRICAN   SLAVE  TRADE. 

natives  in  the  boat  with  him,  that  war  had  been  there,  and  the  natives  had  been 
taken  in  the  manner  as  before  described,  and  carried  to  the  ships. 

He  has  also  seen  such  upon  the  Coast :  while  trading  at  Grand  Bassa,  he  went 
on  shore  with  four  black  traders  to  the  town  a  mile  off.  On  the  way,  there  was 
a  town  deserted,  (with  only  two  or  three  houses  standing),  which  seemed  to 
have  been  a  large  one,  as  there  were  two  fine  plantations  of  rice  ready  for  cut 
ting  down.  A  little  further  on  they  came  to  another  village  in  much  the  same 
state.  He  was  told  that  the  first  town  had  been  taken  by  war,  there  being 
many  ships  then  lying  at  Bassa  :  the  people  of  the  other  had  moved  higher  up 
in  the  country  for  fear  of  the  white  men.  In  passing  along  to  the  trader's 
town,  he  saw  several  villages  deserted ;  these,  the  natives  said,  had  been  de 
stroyed  by  war,  and  the  people  taken  out  and  sold. 

Sir  George  Young  found  slaves  to  be  procured  by  war,  by  crimes,  real  or 
imputed,  by  kidnapping,  which  is  called  panyaring,  and  a  fourth  mode  was  the 
inhabitants  of  one  village  seizing  those  of  another  weaker  village,  and  selling 
them  to  the  ships.  He  believes,  from  two  instances,  that  kidnapping  was  fre 
quently  practiced  up  Sierra  Leone  river.  One  was  that  of  a  beautiful  infant 
boy,  which  the  natives,  after  trying  to  sell  to  all  the  different  trading  ships, 
came  alongside  his,  (the  Phoenix)  and  threatened  to  toss  overboard,  if  no  one 
would  buy  it ;  saying  they  had  panyared  it  with  many  other  people,  but  could 
not  sell  it,  though  they  had  sold  the  others.  He  purchased  it  for  some  wine. 
The  second  was,  a  captain  of  a  Liverpool  ship  had  got,  as  a  temporary  mis 
tress,  a  girl  from  the  king  of  Sierra  Leone,  and  instead  of  returning  her  on 
shore  on  leaving  the  coast,  as  is  usually  done,  he  took  her  away  with  him.  Of 
this  the  king  complained  to  Sir  George  Young  very  heavily,  calling  this  action 
panyaring  by  the  whites. 

The  term  panyaring  seemed  to  be  a  word  generally  used  all  along  the  coast 
where  he  was,  not  only  among  the  English,  but  the  Portuguese  and  Dutch. 

Captain  Thompson  also  says,  that  at  Sierra  Leone  he  has  often  heard  the 
word  panyaring ;  he  has  heard  also  that  this  word,  which  is  used  on  other 
parts  of  the  coast,  means  kidnapping,  or  seizing  of  men. 

Slaves,  says  Mr.  Town,  are  brought  from  the  country  very  distant  from  the 
coast.  The  king  of  Barra  informed  Mr.  Town,  that  on  the  arrival  of  a  ship, 
he  has  gone  three  hundred  miles  up  the  country  with  his  guards,  and  driven 
down  captives  to  the  sea-side.  From  Marraba,  king  of  the  Mandingoes,  he 
has  heard  that  they  had  marched  slaves  out  of  the  country  some  hundred  miles  ; 
that  they  had  gone  wood-ranging,  to  pick  up  every  one  they  met  with,  whom 
they  stripped  naked,  and,  if  men,  bound ;  but  if  women,  brought  down  loose ; 
this  he  had  from  themselves,  and  also,  that  they  often  went  to  war  with  the 
Bullam  nation,  on  purpose  to  get  slaves.  They  boasted  that  they  should  soon 
have  a  fine  parcel  for  the  shallops,  and  the  success  often  answered.  Mr.  Town 
has  seen  the  prisoners  (the  men  bound,  the  women  and  children  loose)  driven 
for  sale  to  the  water-side.  He  has  also  known  the  natives  to  go  in  gangs,  ma 
rauding  and  catching  all  they  could.  In  the  Galenas  river  he  knew  four  blacks 
seize  a  man  who  had  been  to  the  sea-side  to  sell  one  or  more  slaves.  This  man 


% 


PROCUKING   SLAVES.  113 

was  returning  home  with  the  goods  received  in  exchange  for  these,  and  they 
plundered  him,  stripped  him  naked,  and  brought  him  to  the  trading  shallop, 
which  Mr.  Town  commanded,  and  sold  him  there. 

He  believes  the  natives  also  sometimes  become  slaves,  in  consequence  of 
crimes,  as  well  as,  that  it  is  no  uncommon  thing  on  the  coast,  to  impute  crimes 
falsely  for  the  sake  of  selling  the  persons  so  accused.  Several  respectable  per 
sons  at  Bance  Island,  and  to  windward  of  it,  all  told  Mr.  Town  that  it  was 
common  to  bring  on  palavers  *  to  make  slaves,  and  he  believes  it  from  the  in 
formation  of  the  slaves  afterwards,  when  brought  down  the  country  and  put  on 
board  the  ships. 

Off  Piccaninni  Sestos,  farther  down  on  the  Windward  Coast,  Mr.  Dove  ob 
served  an  instance  of  a  girl  being  kidnapped  and  brought  on  board  by  one  Ben 
Johnson,  a  black  trader,  who  had  scarcely  left  the  ship  in  his  canoe,  with  the 
price  of  her,  when  another  canoe  with  two  black  men  came  in  a  hurry  to  the 
ship,  and  inquired  concerning  this  girl.  Having  been  allowed  to  see  her,  they 
hurried  down  to  their  canoe,  and  hastily  paddled  off.  Overtaking  Ben  John 
son,  they  brought  him  back  to  the  ship,  got  him  on  the  quarter-deck,  and  call 
ing  him  teefee  (which  implies  thief)  to  the  captain,  offered  him  for  sale.  Ben 
Johnson  remonstrated,  asking  the  captain,  "if  he  would  buy  him  whom  he 
knew  to  be  a  grand  trading  man ;"  to  which  the  captain  answered,  "if  they 
would  sell  him,  he  would  certainly  buy  him,  be  he  what  he  would,"  which  he 
accordingly  did,  and  put  him  into  irons  immediately  with  another  man.  He 
was  led  to  think,  from  this  instance,  that  kidnapping  was  the  mode  of  obtain 
ing  slaves  upon  this  part  of  the  coast. 

Lieutenant  Story  says  that  slaves  are  generally  obtained  on  the  Windward 
coast  by  marauding  parties,  from  one  village  to  another  in  the  night.  He  has 
known  canoes  come  from  a  distance,  and  carry  off  numbers  in  the  night.  He 
has  gone  into  the  interior  country,  between  Bassa  and  the  River  Sestos  ;  and 
all  the  nations  there  go  armed,  from  the  fear  of  marauding  parties,  whose  pil 
lages  in  these  countries  are  termed  war.  At  one  time  in  particular,  while  Mr. 
Story  was  on  the  coast,  a  marauding  party  from  Grand  Sestos  came  in  canoes, 
and  attacked  Grand  Cora  in  the  night,  and  took  off  twelve  or  fourteen  of  the 
inhabitants.  The  canoes  of  Grand  Sestos  carry  twelve  or  fourteen  men,  and 
with  these  go  a  marauding  among  their  neighbors.  Mr.  Story  has  often  seen 
them  at  sea  out  of  sight  of  land  in  the  day,  and  taking  the  opportunity  of 
night  to  land  where  they  please'd. 

Mr.  Falconbridge  supposes  the  slave  trade,  on  these  parts,  to  be  chiefly  sup 
plied  by  kidnapping.  On  his  second  voyage,  at  Cape  Mount  and  the  Wind 
ward  Coast,  a  man  was  brought  on  board,  well  known  to  the  captain  and  his 
officers,  and  was  purchased.  This  man  said  he  had  been  invited  one  evening 
to  drink  with  his  neighbors.  When  about  to  depart,  two  of  them  got  up  to 
seize  him ;  and  he  would  have  escaped,  but  he  was  stopped  by  a  large  dog. 

*  An  African  word,  which  signifies  conferences  of  the  natives  on  any  public  subject, 
or  as  in  this  place,  accusations  and  trials. 


114  AFRICAN   SLAVE  TRADE. 

He  said  this  mode  of  kidnapping  was  common  in  his  country.  In  the  same 
voyage,  two  black  traders  came  in  a  canoe,  and  stated  that  there  was  trade  a 
little  lower  down.  The  captain  went  there,  and  finding  no  trade,  said  he  would 
not  be  made  a  fool,  and  therefore  detained  one  of  the  canoe-men.  In  about 
two  hours  afterwards  a  very  fine  man  was  brought  on  board,  and  sold,  and  the 
canoe-man  was  released.  He  was  informed  by  the  black  pilot,  that  this  man 
had  been  surrounded  and  seized  on  the  beach,  from  whence  he  had  been  brought 
to  the  ship  and  sold. 

Lieutenant  Simpson  says,  from  what  he  saw,  he  believes  the  slave  trade  is 
the  occasion  of  wars  among  the  natives.  From  the  natives  of  the  Windward 
Coast  he  understood  that  the  villages  were  always  at  war ;  and  the  black 
traders  and  others  gave  as  a  reason  for  it,  that  the  kings  wanted  slaves.  If  a 
trading  canoe,  alongside  Mr.  Simpson's  ship,  saw  a  larger  canoe  coming  from 
a  village  they  were  at  war  with,  they  instantly  fled ;  and  sometimes  without 
receiving  the  value  of  their  goods.  On  inquiry,  he  learned  their  reasons  to 
be,  that  if  taken,  they  would  have  been  made  slaves. 

Mr.  How  states,  that  wheii  at  Secundee,  some  order  came  from  Cape  Coast 
Castle.  The  same  afternoon  several  parties  went  out  armed,  and  returned  the 
same  night  with  a  number  of  slaves,  which  were  put  into  the  repository  of  the 
factory.  Next  morning  he  saw  people,  who  came  to  see  the  captives,  and  to 
request  Mr.  Marsh,  the  resident,  to  release  some  of  their  children  and  relations 
Some  were  released  and  part  sent  off  to  Cape  Coast  Castle.  He  had  every 
reason  to  believe  they  had  been  obtained  unfairly,  as  they  came  at  an  unsea 
sonable  time  of  the  night,  and  from  their  parents  and  friends  crying  and  beg 
ging  their  release.  He  was  told  as  much  from  Mr.  Marsh  himself,  who  said, 
he  did  not  mind  how  they  got  them,  for  he  purchased  them  fairly.  •  He  cannot 
tell  whether  this  practice  subsisted  before  ;  but  when  he  has  gone  into  the 
woods  he  has  met  thirty  or  forty  natives,  who  fled  always  at  his  appearance, 
although  they  were  armed.  Mr.  Marsh  said,  they  were  afraid  of  his  taking 
them  prisoners. 

The  same  Mr.  Marsh  made  no  scruple  also  of  shewing  him  the  stores  of  the 
factory.  They  consisted  of  different  kinds  of  chains  made  of  iron,  as  likewise 
an  instrument  made  of  wood,  about  five  inches  long,  of  an  inch  in  diameter,  or 
less,  which  he  was  told  by  Mr.  Marsh  was  thrust  into  a  man's  mouth  horizon 
tally,  and  tied  behind  to  prevent  him  from  crying  out,  when  transported  at 
night  along  the  country. 

Dr.  Trotter  says,  that  the  natives  of  these  parts  are  sometimes  slaves  from 
crimes,  but  the  greater  part  of  the  slaves  are  what  are  called  prisoners  of  war. 
Of  his  whole  cargo  he  recollects  only  three  criminals  :  two  sold  for  adultery, 
and  one  for  witchcraft,  whose  whole  family  shared  his  fate.  One  of  the  first 
said  he  had  been  decoyed  by  a  woman  who  had  told  her  husband,  and  he  was 
sentenced  to  pay  a  slave ;  but  being  poor,  was  sold  himself.  Such  stratagems 
are  frequent :  the  fourth  mate  of  Dr.  Trotter's  ship  was  so  decoyed,  and  obliged 
to  pay  a  slave,  under  the  threat  of  stopping  trade.  The  last  said  he  had  had 


PROCURING  SLAVES.  115 

a  quarrel  with  a  Cabosbeer  (or  great  man)  who  in  revenge  accused  him  of" 
witchcraft,  and  sold  him  and  his  family  for  slaves. 

Dr.  Trotter  having  often  asked  Accra,  a  principal  trader  at  Le  Hou,  what 
he  meant  by  prisoners  of  war,  found  they  were  such  as  were  carried  off  by  a 
set  of  marauders,  who  ravage  the  country  for  that  purpose.  The  bush-men 
making  war  to  make  trade  (that  is  to  make  slaves)  was  a  common  way  of 
speaking  among  the  traders.  The  practice  was  also  confirmed  by  the  slaves 
on  board,  who  showed  by  gestures  how  the  robbers  had  come  upon  them ;  ai  d 
during  their  passage  from  Africa  to  the  West  Indies,  some  of  the  boy-slaves 
played  a  game,  which  they  called  slave-taking,  or  bush-fighting ;  showing  the 
different  manoeuvres  thereof  in  leaping,  sallying,  and  retreating.  Inquiries 
of  this  nature  put  to  women,  were  answered  only  by  violent  bursts  of  sorrow. 
He  once  saw  a  black  trader  send  his  canoe  to  take  three  fishermen  employed 
in  the  offing,  who  were  immediately  brought  on  board,  and  put  in  irons,  and 
about  a  week  afterwards  he  was  paid  for  them.  He  remembers  another  man 
taken  in  the  same  way  from  on  board  a  canoe  alongside.  The  same  trader 
very  frequently  sent  slaves  on  board  in  the  night,  which,  from  their  own  infor 
mation,  he  found  were  every  one  of  them  taken  in  the  neighborhood  of  An- 
namaboe.  He  remarked,  that  slaves  sent  off  in  the  night,  were  not  paid  for 
till  they  had  been  some  time  on  board,  lest,  he  thinks,  they  should  be  claimed ; 
for  some  were  really  restored,  one  in  particular,  a  boy,  was  carried  on  shore 
by  some  near  relations,  which  boy  told  him  he  had  lived  in  the  neighborhood 
of  Annamaboe,  and  was  kidnapped.  There  were  many  boys  and  girls  on 
board  Dr.  Trotter's  ship,  who  had  no  relations  on  board.  Many  of  them  told 
him  they  had  been  kidnapped  in  the  neighborhood  of  Annamaboe,  particularly 
a  girl  of  about  eight  years  old,  who  said  she  had  been  carried  off  from  her 
mother  by  the  man  who  sold  her  to  the  ship. 

Mr.  Falconbridge  was  assured  by  the  Rev.  Philip  Quakoo,  chaplain  at  Cape 
Coast  Castle,  on  the  Gold  Coast,  that  the  greatest  number  of  slaves  were  made 
by  kidnapping.  •  He  has  heard  that  the  men  on  this  part  of  the  coast,  dress 
up  and  employ  women,  to  entice  young  men,  that  they  may  be  convicted  of 
adultery  and  sold. 

Lieutenant  Simpson  heard  at  Cape  Coast  Castle,  and  other  parts  of  the 
Gold  Coast,  repeatedly  from  the  black  traders,  that  the  slave  trade  made  wars 
and  palavers.  Mr.  Quakoo,  chaplain  at  Cape  Coast  Castle,  informed  him 
that  wars  were  made  in  the  interior  parts,  for  the  sole  purpose  of  getting 
slaves.  There  are  two  crimes  on  the  Gold  Coast,  which  seem  made  on  purpose 
to  procure  slaves  :  adultery  and  the  removal  of  fetiches.*  As  to  adultery,  he 
was  warned  against  any  woman  not  pointed  out  to  him,  for  that  the  kings  kept 
several  who  were  sent  out  to  allure  the  unwary.  As  to  fetiches,  consisting  of 
pieces  of  wood,  old  pitchers,  kettles,  and  the  like,  laid  in  the  path-ways,  he 
was  warned  to  avoid  displacing  them,  for  if  he  should,  the  natives  who  were 


*  Certain  things  of  various  sorts,  to  which  the  superstition  of  the  country  has  ordered, 
for  various  reasons,  an  attention  to  be  paid. 


116  AFRICAN  SLAVE  TRADE. 

on  the  watch  would  seize  him,  and,  as  before,  exact  the  price  of  a  man  slave. 
These  baits  are  laid  equally  for  natives  and  Europeans ;  but  the  former  are 
better  acquainted  with  the  law,  and  consequently  more  upon  their  guard. 

Mr.  Ellison  says,  that  while  one  of  the  ships  he  belonged  to,  viz  :  the 
Briton,  was  lying  in  Benin  river,  Capt.  Lemma  Lemma,  a  Benin  trader,  came 
on  board  to  receive  his  customs.  This  man  being  on  the  deck,  and  happening 
to  see  a  canoe  with  three  people  in  it  crossing  the  river,  dispatched  one  of  his 
own  canoes  to  seize  and  take  it.  Upon  overtaking  it,  they  brought  it  to  the 
ship.  It  contained  three  persons,  an  old  man  and  a  young  man  and  woman. 
The  chief  mate  bought  the  two  latter,  but  the  former  being  too  old,  was  re 
fused.  Upon  this,  Lemma  ordered  the  old  man  into  the  canoe,  where  his  head 
was  chopped  off,  and  he  was  thrown  overboard.  Lemma  had  many  war 
canoes,  some  of  which  had  six  or  eight  swivels ;  he  seemed  to  be  feared  by  the 
rest  of  the  natives.  Mr.  Ellison  did  not  see  a  canoe  out  on  the  river  while 
Lemma  was  there,  except  this,  and  if  they  had  known  he  had  been  out,  they 
would  not  have  come.  He  discovered  by  signs,  that  the  old  man  killed  was 
the  father  of  the  two  other  negroes,  and  that  they  were  brought  there  by  force. 
They  were  not  the  subjects  of  Lemma. 

At  Bonny,  says  Mr.  Falconbridge,  the  greatest  number  of  slaves  come  from 
inland.  Large  canoes,  some  having  a  three  or  four  pounder  lashed  on  their 
bows,  go  to  the  up  country,  and  in  eight  or  ten  days  return  with  great  num 
bers  of  slaves  :  he  heard  once,  to  the  amount  of  1200  at  one  time.  The  peo 
ple  in  these  canoes  have  generally  cutlasses,  and  a  quantity  of  muskets,  but  he 
cannot  tell  for  what  use.  Mr.  Falconbridge  does  not  believe  that  many  of 
these  slaves  are  prisoners  of  war,  as  we  understand  the  word  war.  In  Africa, 
a  piratical  expedition  for  making  slaves  is  termed  war.  A  considerable  trader 
at  Bonny  explained  to  him  the  meaning  of  this  word,  and  said  that  they  went 
in  the  night,  set  fire  to  towns,  and  caught  the  people  as  they  fled  from  the 
flames.  The  same  trader  said  that  this  practice  was  very  common.  In  the 
same  voyage  an  elderly  man  brought  on  board  said  (through  the  interpreter) 
that  he  and  his  son  were  seized  as  they  were  planting  yams,  by  professed  kid 
nappers,  by  which  he  means  persons  who  make  kidnapping  their  constant  prac 
tice.  On  his  last  voyage,  which  was  also  to  Bonny,  a  canoe  came  alongside 
his  vessel,  belonging  to  a  noted  trader  in  slaves,  from  which  a  fine  stout  fellow 
was  handed  on  board,  and  sold.  Mr.  Falconbridge  seeing  the  man  amazed 
and  confounded  when  he  discovered  himself  to  be  a  slave,  inquired  of  him,  by 
means  of  an  interpreter,  why  he  was  sold.  He  replied,  that  he  had  had  occa 
sion  to  come  to  Bonny  to  this  trader's  house,  who  asked  if  he  had  ever  seen  a 
ship.  Replying  no,  the  trader  said  he  would  treat  him  with  the  sight  of  one. 
The  man  consented,  said  he  was  thereupon  brought  on  board,  and  thus  treach 
erously  sold.  All  the  slaves  Mr.  Falconbridge  ever  talked  to  by  means  of  in 
terpreters,  said  they  had  been  stolen. 

Mr.  Douglas,  when  ashore  at  Bonny  Point,  saw  a  young  woman  come  out 
of  the  wood  to  the  water-side  to  bathe.  Soon  afterwards  two  men  came  from 
the  wood,  seized,  bound,  and  beat  her  for  making  resistance,  and  bringing  her 


PROCURING   SLAVES.  117 

to  him,  Mr.  Douglas,  desired  him  to  put  her  on  board,  which  he  did ;  the  cap 
tain's  orders  were,  when  any  body  brought  down  slaves,  instantly  to  put  them 
off  to  the  ship.  When  a  ship  arrives  at  Bonny,  the  king  sends  his  war  canoes 
up  the  rivers,  where  they  surprise  all  they  can  lay  hold  of.  They  had  a  young 
man  on  board,  who  was  thus  captured,  with  his  father,  mother,  and  three  sis 
ters.  The  young  man  afterwards  in  Jamaica  having  learned  English,  told  Mr. 
Douglas  the  story,  and  said  it  was  a  common  practice.  These  war  canoes  are 
always  armed.  The  king's  canoes  came  with  slaves  openly  in  the  day  ;  others 
in  the  evening,  with  one  or  two  slaves  bound,  lying  in  the  boat's  bottom,  cov 
ered  with  mats. 

Mr.  Morley  states,  that  in  Old  Calabar  persons  are  sold  as  slaves  for  adul 
tery  and  theft.  On  pretence  of  adultery,  he  remembers  a  woman  sold.  He 
has  been  told  also  by  the  natives  at  Calabar,  that  they  took  slaves  in  what  they 
call  war,  which  he  found  was  putting  the  villages  in  confusion,  and  catching 
them  as  they  could.  A  man  on  board  the  ship  he  was  in,  showed  how  he 
was  taken  at  night  by  surprise,  and  said  his  wife  and  children  were  taken  with 
him,  but  they  were  not  in  the  same  ship.  Mr.  Morley  had  reason  to  think, 
from  the  man's  words,  that  they  took  nearly  the  whole  village,  that  is,  all  those 
that  could  not  get  away. 

Captain  Hall  says,  when  a  ship  arrives  at  Old  Calabar,  or  the  river  Del- 
Rey,  the  traders  always  go  up  into  the  country  for  slaves.  They  go  in  their 
war  canoes,  and  take  with  them  some  goods,  which  they  get  previously  from 
the  ships.  He  has  seen  from  three  to  ten  canoes  in  a  fleet,  each  with  from 
forty  to  sixty  paddlers,  and  twenty  to  thirty  traders  and  other  people  with  mus 
kets,  suppose  one  to  each  man,  with  a  three  or  four  pounder  lashed  on  the  bow 
of  the  canoe.  They  are  generally  absent  from  ten  days  to  three  weeks,  when 
they  return  with  a  number  of  slaves  pinioned,  or  chained  together.  Captain 
Hall  has  often  asked  the  mode  of  procuring  slaves  inland,  and  has  been  told 
by  the  traders,  that  they  have  been  got  in  war,  and  sold  by  the  persons  taking 
them. 

Mr.  J.  Parker  says,  he  left  the  ship  to  which  he  belonged  at  Old  Calabar, 
where  being  kindly  received  by  the  king's  son,  he  staid  with  him  on  the  conti 
nent  for  five  months.  During  this  time  he  was  prevailed  upon  by  the  king's 
son,  to  accompany  him  to  war.*  Accordingly,  having  fitted  out  and  armed 
the  canoes,  they  went  up  the  river  Calabar.  In  the  day  time  they  lay  under 
the  bushes  when  they  approached  a  village,  but  at  night  flew  up  to  it,  and  took 
hold  of  every  one  they  could  see  ;  these  they  handcuffed,  brought  down  to  the 
canoes,  and  so  proceeded  up  the  river  till  they  got  to  the  amount  of  forty-five, 
with  whom  they  returned  to  Newtown,  where,  sending  to  the  captains  of  the 
shipping,  they  divided  them  among  the  ships.  About  a  fortnight  after  this  ex 
pedition,  they  went  again,  and  were  out  eight  or  nine  days,  plundering  other 


*  The  reader  is  requested  to  take  notice,  that  the  word  war,  as  adopted  in  the  African 
language,  means  in  general  robbery,  or  a  marauding  expedition,  for  the  purpose  of  get 
ting  slaves. 


118  AFRICAN   SLAVE  TRADE. 

villages  higher  up  the  river.  They  seized  on  much  the  same  number  as  before, 
brought  them  to  Isewtown,  gave  the  same  notice,  and  disposed  of  them  as 
before  among  the  ships.  They  took  man,  woman  and  child,  as  they  could 
catch  them  in  the  houses,  and  except  sucking  children,  who  went  with  their 
mothers,  there  was  no  care  taken  to  prevent  the  separation  of  the  children 
from  the  parents  when  sold.  When  sold  to  the  English  merchant  they  lamen 
ted,  and  cried  that  they  were  taken  away  by  force.  The  king  at  Old  Calabar 
was  certainly  not  at  war  with  the  people  up  this  river,  nor  had  they  made  any 
attack  upon  him.  It  happened  that  slaves  were  very  slack  in  the  back  country 
at  that  time,  and  were  wanted  when  he  went  on  these  expeditions. 

Mr.  Falconbridge  thinks  crimes  are  falsely  imputed,  for  the  sake  of  selling 
the  accused.  On  the  second  voyage  at  the  river  Ambris,  among  the  slaves 
brought  on  board  was  one  who  had  the  craw  craw,  a  kind  of  itch.  He  was 
told  by  one  of  the  sailors,  that  this  man  was  fishing  in  the  river,  when  a  king's 
officer,  called  Mambooka,  wanted  brandy  and  other  goods  in  the  boat,  but 
having  no  slave  to  buy  them  with,  accused  this  man  of  extortion  in  the  sale  of 
his  fish,  and  after  some  kind  of  trial  on  the  beach,  condemned  him  to  be  sold. 
He  was  told  by  the  boat's  crew  who  were  ashore,  when  it  happened,  who  told 
it  as  of  their  own  knowledge. 

Beside  the  accounts  just  given,  from  what  the  above  witnesses  saw  and  heard 
on  the  coast  of  Africa,  as  to  the  different  methods  of  making  slaves,  there  are 
others  contained  in  the  evidence,  which  were  learned  from  the  mouths  of  the 
slaves  themselves,  after  their  arrival  in  the  West  Indies. 

The  Moors,  says  Mr.  Keirnan,  have  always  a  strong  inducement  to  go  to 
war  with  the  negroes,  most  of  the  European  goods  they  obtain,  being  got  in 
exchange  for  slaves.  Hence,  desolation  and  waste.  Mr.  Town  observes,  that 
the  intercourse  of  the  Africans  with  the  Europeans,  has  improved  them  in 
roguery,  to  plunder  and  steal,  and  pick  up  one  another  to  sell.  Dr.  Trotter 
asking  a  black  trader,  what  they  made  of  their  slaves  when  the  French  and 
English  were  at  war,  was  answered,  that  when  ships  ceased  to  come,  slaves 
ceased  to  be  taken.  Mr.  Isaac  Parker  says,  that  the  king  of  Old  Calabar 
was  certainly  not  at  war  with  the  people  up  that  river,  nor  had  they  made  any 
attack  on  him.  It  happened  that  slaves  were  very  slack  in  the  back  country 
at  this  time,  and  were  wanted  when  he  went  on  the  expeditions,  described  in  a 
former  page. 

Mr.  Wadstrom  says,  the  king  Barbesin,  while  he,  Mr.  Wadstrom,  was  at 
Joal,  was  unwilling  to  pillage  his  subjects,  but  he  was  excited  to  it  by  means  of 
a  constant  intoxication,  kept  up  by  the  French  and  mulattoes  of  the  embassy, 
who  generally  agreed  every  morning  on  taking  this  method  to  effect  their 
purpose.  When  sober,  he  always  expressed  a  reluctance  to  harrass  his  people. 
Mr.  Wadstrom  also  heard  the  king  hold  the  same  language  on  different  days, 
and  yet  he  afterwards  ordered  the  pillage  to  be  executed.  Mr.  Wadstrom 
has  no  doubt,  but  that  he  also  pillages  in  other  parts  of  his  dominions,  since 
it  is  the  custom  of  the  mulatto  merchants  (as  both  they  and  the  French  officers 
declare)  when  they  want  slaves,  to  go  to  the  kings,  and  excite  them  to  pillages 


PROCURING  SLAVES.  119 

which  are  usually  practiced  on  all  that  part  of  the  coast.  The  French  Sene 
gal  company,  also,  in  order  to  obtain  their  complement  of  slaves,  had  recourse 
to  their  usual  method  on  similar  occasions,  namely,  of  bribing  the  Moors,  and 
supplying  them  with  arms  and  ammunition,  to  seize  king  Dalmammy's  subjects. 
By  January  12th,  IT 88,  when  Mr.  Wadstrom  arrived  at  Senegal,  fifty  had 
been  taken,  whom  the  king  desired  to  ransom,  but  they  had  all  been  dispatched 
to  Cayenne.  Some  were  brought  in  every  day  afterwards,  and  put  in  the  com 
pany's  slave-hold,  in  a  miserable  state,  the  greater  part  being  badly  wounded 
by  sabres  and  musket  balls.  The  director  of  the  company  conducted  Mr. 
Wadstrom  there,  with  Dr.  Spaarman,  whom  he  consulted  as  a  medical  man  in 
their  behalf.  Mr.  Wadstrom  particularly  remembers  one  lying  in  his  blood, 
which  flowed  from  a  wound  made  by  a  ball  in  his  shoulder. 

Mr.  Dalrymple  understood  it  common  for  European  traders  to  advance  goods 
to  chiefs,  to  induce  them  to  seize  their  subjects  or  neighbors.  Not  one  of  the 
mulatto  traders  at  Goree  ever  thought  of  denying  it. 

Mr.  Bowman  having  settled  at  the  head  of  Scassus  river,  informed  the  king, 
and  others,  that  he  was  come  to  reside  as  a  trader,  and  that  his  orders  were, 
to  supply  them  with  powder  and  ball,  and  encourage  them  to  go  to  war.  They 
answered,  they  would  go  to  war  in  two  or  three  days.  By  this  time  they  came 
to  the  factory,  said  they  were  going  to  war,  and  wanted  powder,  ball,  rum  and 
tobacco.  When  these  were  given  them,  they  went  off  to  the  number  of  from 
twenty-five  to  thirty,  and  in  six  or  seven  days,  a  part  of  them  returned  with 
three  slaves. 

In  1T69,  (says  Lieut.  Storey,)  Captain  Paterson,  of  a  Liverpool  ship,  lying 
off  Bristol  town,  set  two  villages  at  variance,  and  bought  prisoners,  near  a 
dozen,  from  both  sides. 

Mr.  Morley  owns,  with  shame,  that  h&  has  made  the  natives  drunk,  in  order 
to  buy  a  good  man  or  woman  slave,  to  whom  he  found  them  attached.  He 
has  seen  this  done  by  others.  Captain  Hildebrand,  commanding  a  sloop  of 
Mr.  Brue's,  bought  one  of  the  wives  of  a  man,  whom  he  had  previously  made 
drunk,  and  who  wished  to  redeem  her,  when  sober  next  day,  as  did  the  person 
he  (Mr.  Morley)  bought  the  man  of,  but  neither  of  them  was  given  up.  He 
supposes  they  would  have  given  a  third  more  than  the  price  paid,  to  have  re 
deemed  them. 

Sir  George  Young  says,  that  when  at  Annamaboe,  at  Mr.  Brue's,  (a  very 
great  merchant  there,)  Mr.  Brue  had  two  hostages,  kings'  sons,  for  payment 
for  arms,  and  all  kinds  of  military  stores,  which  he  had  supplied  to  the  two 
kings,  who  were  at  war  with  each  other,  to  procure  slaves  for  at  least  six  or 
seven  ships,  then  lying  in  the  road.  The  prisoners  on  both  sides  were  brought 
down  to  Mr.  Brue,  and  sent  to  the  ships. 

Mr.  J.  Parker  has  known  presents  made  by  the  captains,  to  the  black  traders, 
to  induce  them  to  bring  slaves.  Captain  Colley  in  particular  gave  them  some 
pieces  of  cannon,  which  he  himself  saw  landed. 

On  the  subject  of  Europeans  attempting  to  carry  off  the  natives,  General 
Rooke  says  that  it  was  proposed  to  him  by  three  captains  of  English  slave 


120  AFRICAN   SLAVE   TRADE. 

ships,  lying  under  the  fort  of  Goree,  to  kidnap  a  hundred,  or  a  hundred  and 
fifty,  men,  women  and  children,  king  Darnel's  subjects,  who  had  come  to  Goree 
in  consequence  of  the  friendly  intercourse  between  him  and  Darnel.  He  re 
fused,  and  was  much  shocked  by  the  proposition.  They  said  such  things  had 
been  done  by  a  former  governor,  but  the  chief  Maraboo  at  Rufisk  did  not  re 
collect  any  such  event. 

Mr.  Wadstrom  was  informed  at  Goree,  by  Captain  Wignie,  from  Rochelle, 
who  was  just  arrived  from  the  river  Gambia,  that  a  little  before  his  departure 
from  that  river,  three  English  vessels  were  cut  off  by  the  natives,  owing  to  the 
captain  of  one  of  them,  who  had  his  cargo,  being  tempted  by  a  fair  wind  to 
sail  away  with  several  of  the  free  negroes,  then  drinking  with  the  crew.  Soon 
afterwards  the  wind  changed  and  he  was  driven  back,  seized,  and  killed,  with 
all  his  crew,  and  those  of  the  two  other  vessels.  Mr.  Wadstrom  has,  by  acci 
dent,  met  with  the  insurer  of  two  of  these  vessels  in  London,  who  confirmed 
the  above  facts. 

Captain  Hills  says  a  man  at  Gambia,  who  called  himself  a  prince's  brother, 
had  been  carried  off  to  the  West  Indies,  by  an  English  ship,  but  making  his 
case  known  to  the  governor,  was  sent  by  him  to  Europe.  Captain  Hills  was 
advised  not  to  go  on  shore  at  Gambia,  by  the  merchants  there,  for  fear  of  be 
ing  taken  by  the  natives,  who  owed  the  English  a  grudge  for  some  injuries 
received. 

Mr.  John  Bowman  says,  that  when  a  mate  under  Captain  Strangeways,  the 
ship  then  lying  in  the  river  Sierra  Leone,  at  White  Man's  Bay,  ready  to  sail,  he 
was  sent  on  shore  to  invite  two  traders  on  board.  They  came  and  were  shown 
into  the  cabin.  Meantime  people  were  employed  in  setting  the  sails,  it  being 
almost  night,  and  the  land  breeze  making  down  the  river.  When  they  had 
weighed  anchor,  and  got  out  to  sea,  Mr.  Bowman  was  called  down  by  the  cap 
tain,  who,  pointing  to  the  sail-case,  desired  him  to  look  into  it  and  see  what  a 
fine  prize  he  had  got.  To  his  surprise,  he  saw  lying  fast  asleep  the  two  n,cn 
who  had  come  on  board  with  him,  the  captain  having  made  them  drunk,  uud 
concealed  them  there.  When  they  awoke  they  were  sent  upon  deck,  ironed, 
and  put  forward  with  the  other  slaves.  On  arriving  at  Antigua  they  «ero 
sold. 

The  Rev.  Mr.  Newton  has  known  ships  and  boats  cut  off  at  Sherbro,  usually 
in  retaliation.  Once,  when  he  was  on  shore,  the  traders  suddenly  put  him  into 
his  long-boat,  telling  him  that  a  ship  just  passed  had  carried  off  two  people. 
Had  it  been  known  in  the  town,  he  would  have  been  detained.  He  has  known 
many  other  such  instances,  but  after  thirty-six  years,  he  cannot  specify  them. 
It  was  a  general  opinion,  founded  on  repeated  and  indisputable  facts,  that 
depredations  of  this  sort  were  frequently  committed  by  Europeans.  Mr.  New 
ton  has  sometimes  found  all  trade  stopped,  and  the  depredations  of  European 
traders  have  been  assigned  by  the  natives  as  the  cause,  and  he  has  more  thai, 
once  made  up  breaches  of  this  kind  between  the  ships  and  the  natives.  Ho 
believes  several  captains  of  slave  ships  were  honest,  humane  men  ;  but  he  has 
good  reason  to  think  they  were  not  all  so.  The  taking  off  slaves  by  force  ha.f. 


PROCURING  SLAVES.  121 

been  thought  most  frequent  in  the  last  voyage  of  captains  He  has  often  heard 
masters  and  officers  express  this  opinion.  Depredations  and  reprisals  made  to 
get  them  were  so  frequent  that  the  Europeans  and  Africans  were  in  a  spirit  of 
mutual  distrust :  he  does  not  mean  that  there  were  no  depredations  except  in 
their  last  voyages.  He  has  known  Liverpool  and  Bristol  ships  materially  in 
jured  from  the  conduct  of  some  ships,  from  the  same  ports,  that  had  left  the 
coast.  It  is  a  fact  that  some  captains  have  committed  depredations  in  their 
last  voyages  who  have  not  been  known  to  have  done  it  before. 

Mr.  Towne  was  once  present  with  part  of  the  crew  of  his  ship,  the  Sally,  at 
an  expedition  undertaken  by  the  whites  for  seizing  negroes,  and  joined  by  other 
boats  to  receive  those  they  could  catch.  To  prevent  all  alarm,  they  bound  the 
mouths  of  the  captives  with  oakum  and  handkerchiefs.  One  woman  shrieked 
and  the  natives  turned  out  in  defense.  He  had  then  five  of  them  tied  in  the 
boat,  and  the  other  boats  were  in  readiness  to  take  in  what  more  they  could 
get.  All  his  party  were  armed,  and  the  men  of  the  town  pursued  them  with 
first  a  scattering,  and  at  length  a  general  fire,  and  several  of  the  men  belong 
ing  to  the  boats,  he  has  reason  to  believe,  were  killed,  wounded,  or  taken,  as 
he  never  heard  of  them  afterwards.  He  was  wounded  himself.  The  slaves  he 
had  taken  were  sold  at  Charleston,  South  Carolina.  The  natives  had  not  pre 
viously  committed  any  hostilities  against  any  of  the  ships,  whose  boats  were 
concerned  in  this  transaction.  They  owed  goods  to  the  captain,  for  which  he 
resolved  to  obtain  slaves  at  any  rate.  He  has  had  several  ship-mates,  who 
have  themselves  told  him  they  have  been  concerned  in  similar  transactions, 
and  who  have  made  a  boast  of  it,  and  who  have  been  wounded  also. 

Mr.  Storey  believes  the  natives  of  the  Windward  Coast  are  often  fraudulently 
carried  off  by  the  Europeans.  He  has  been  told  by  them  thai  they  had  lost 
their  friends  at  different  times,  and  supposed  them  taken  by  European  ships 
going  along  the  coast.  He  has  himself  taken  up  canoes  at  sea,  which  were 
challenged  by  the  natives,  who  supposed  the  men  in  them  had  been  taken  off 
the  day  before  by  a  Dutchman.  When  once  at  an  anchor,  in  his  boat,  between 
the  river  Sestos  and  Settra  Crue,  he  prevented  the  crew  of  a  long-boat,  be 
longing  to  a  Dutchman  then  lying  off  shore,  from  being  cut  off  by  the  natives, 
who  gave  as  a  reason  for  their  intentions,  that  a  ship  of  that  country  some 
days  before  had  taken  off  four  men  belonging  to  the  place.  Afterwards,  in 
1768,  being  in  a  boat,  with  two  other  white  persons,  the  natives  attacked  them. 
Both  the  former  were  killed,  and  he  himself,  covered  with  blood  and  wounds, 
was  only  suffered  to  escape,  by  consenting  to  give  up  boat  and  cargo,  and  to 
go  to  Gaboon.  The  reason  the  natives  gave  for  this  procedure  was,  that  a 
ship  from  Liverpool  (one  Captain  Lambert)  had,  some  time  before,  taken  a 
canoe  full  of  their  townsmen,  and  carried  her  away.  He  heard  the  same  thing 
confirmed  afterwards  at  Gaboon. 

Mr.  Douglas  states  that  near  Cape  Coast  the  natives  make  smoke  as  a  sig 
nal  for  trade.  On  board  his  ship  (the  Warwick  Castle)  they  saw  the  smoke 
and  stood  in  shore,  which  brought  off  many  canoes.  Pipes,  tobacco,  and 
brandy  were  got  on  deck,  to  entice  the  people  in  them  on  board.  The  grat- 


122  AFRICAN  SLAVE  TRADE. 

ings  were  unlaid,  the  slave-room  cleared,  and  every  preparation  made  to  seize 
them ;  two  only  could  be  prevailed  on  to  come  up  the  ship's  side,  who  stood 
in  the  main  chains,  but  on  the  seamen  approaching  them  they  jumped  off,  and 
the  canoes  all  made  for  the  shore.  The  Gregson's  people,  while  at  Bonny,  in 
formed  Mr.  Douglas,  that  in  running  down  the  coast,  they  had  kidnapped 
thirty-two  of  the  natives.  He  saw  slaves  on  board  that  ship  when  she  came 
in,  and  it  is  not  customary  for  ships  bound  to  Bonny  to  stop  and  trade  by  the 
way. 

Mr.  How  says  that  abreast  of  Cape  La  Hou,  several  canoes  came  alongside 
of  his  Majesty's  ship  Grampus,  and  on  coming  on  board  informed  the  captain 
that  an  English  Guinea-trader,  a  fortnight  before,  had  taken  off  six  canoes 
with  men,  who  had  gone  off  to  them  with  provisions  for  trade.  On  coming  to 
Appolonia  he  was  also  told  by  Mr.  Buchanan,  the  resident  there,  that  a  Guinea- 
man,  belonging  to  one  Griffith,  an  Englishman,  and  a  notorious  trader  and 
kidnapper,  between  Cape  La  Hou  and  Appolonia,  was  then  in  that  latitude. 

Captain  Hall  was  told  by  Captain  Jeremiah  Smith,  that  in  17T1,  a  Captain 
Fox  had  taken  off  some  people  from  the  Windward  Coast.  He  says  also  that 
the  boat's  crew  of  the  Yenus,  Captain  Smith,  which  had  been  sent  to  Fernando 
Po  for  yams  from  Calabar,  enticed  a  canoe  to  come  alongside  that  had  about 
ten  men  in  her.  As  soon  as  she  got  near,  the  boat's  crew  fired  into  her,  on 
which  they  jumped  overboard  :  some  were  wounded,  and  one  was  taken  out  of 
the  water,  and  died  in  less  than  an  hour  in  the  boat :  two  others  were  taken  up 
unhurt,  and  carried  to  Old  Calabar  to  the  ship.  Captain  Smith  was  angry  at 
the  officer  for  this  procedure,  and  sent  back  the  two  men  to  the  bay  from 
whence  they  had  been  taken.  Immediately  after  the  boat  had  committed  this 
depredation,  Captain  Hall  happened  to  go  into  the  same  bay  in  his  own  ship's 
long-boat,  and  sending  on  shore  two  men  to  fill  water,  they  were  surrounded 
by  the  natives,  who  drove  three  spears  into  one  of  the  men,  and  wounded  the 
other  with  a  large  stick,  in  consequence  of  taking  away  the  two  men  just  men 
tioned.  It  was  said  that  the  crew  had  disputed  with  the  natives  on  shore  when 
trading  with  them  for  yams,  but  the  former  had  not  done  any  of  the  boat's 
crew  any  injury. 

Mr.  Ellison  knew  two  slaves  taken  from  the  island  of  Fernando  Po  by  the 
Dobson's  boat  of  Liverpool,  and  carried  to  Old  Calabar,  where  the  ship  lay. 
He  went  to  the  same  island  for  yams,  a  few  days  after  the  transaction,  and 
fired,  as  the  usual  signal,  for  the  natives  to  bring  them.  Seeing  some  of  them 
peep  through  the  bushes,  he  wondered  why  they  would  not  come  to  the  boat. 
He  accordingly  swam  on  shore,  when  some  of  the  islanders  came  round  him : 
an  old  man  showed,  by  signs,  that  a  ship's  boat  had  stolen  a  man  and  woman. 
He  was  then  soon  surrounded  by  numbers,  who  presented  darts  to  him,  signi 
fying  that  they  would  kill  him,  if  the  man  and  woman  were  not  brought  back. 
Upon  this,  the  people  in  the  boat  fired  some  shot,  when  they  all  ran  into  the 
woods.  Mr.  Ellison  went  to  Calabar,  and  told  Captain  Briggs  he  could  get 
no  yams,  in  consequence  of  the  two  people  being  stolen ;  upon  which  Captain 
Briggs  told  the  captain  of  the  Dobson  there  would  be  no  more  'trade  if  he  did 


PROCURING   SLAVES.  123 

not  deliver  up  the  people,  which  he  at  length  did.  As  soon  as  the  natives  saw 
their  countrymen,  they  loaded  the  boat  with  yams,  goats,  fowls,  honey,  and 
palm- wine  :  and  they  would  take  nothing  for  them.  They  had  the  man  and 
woman  delivered  to  them,  whom  they  carried  away  in  their  arms.  The  Dobson 
did  not  stay  above  eight,  ten,  or  twelve  days.  This  was  the  last  trip  her  boat 
was  to  make,  when  they  carried  off  the  two  slaves. 

Mr.  Morley  says,  that  when  off  Taboo,  two  men  came  in  a  canoe,  alongside 
his  vessel.  One  of  them  came  up  and  sat  on  the  netting,  but  would  not  come 
into  the  ship.  The  captain  at  length  enticing  him,  intoxicated  him  so  with 
brandy  and  laudanum,  that  he  fell  in  upon  the  deck.  The  captain  then  ordered 
him  to  be  put  into  the  men's  room,  with  a  sentry  over  him.  The  other  man 
in  the  canoe,  after  calling  in  vain  for  his  companion,  paddled  off  fast  towards 
the  shore.  The  captain  fired  several  musket  balls  after  him,  which  did  not  hit 
him.  About  three  or  four  leagues  farther  down,  two  men  came  on  board  from 
another  canoe.  While  they  were  on  board,  a  drum  was  kept  beating  near  the 
man  who  had  been  seized,  to  prevent  his  hearing  them,  or  they  him.  He  says 
again,  in  speaking  of  another  part  of  the  coast,  that  Captain  Briggs's  chief 
mate,  in  Old  Calabar  river,  lying  in  ambush  to  stop  the  natives  coming  down 
the  creek,  pursued  Oruk  Robin  John,  who,  jumping  on  shore,  shot  the  mate 
through  the  head.  He  says  also,  of  another  part  of  the  coast,  that  a  Mr. 
Walker,  master  of  a  sloop,  was  on  board  the  Jolly  Prince,  Captain  Lambert, 
when  the  king  of  Nazareth  stabbed  the  captain  at  his  own  table,  and  took  the 
vessel,  putting  all  the  whites  to  death,  except  the  cook,  a  boy,  and,  he  believes, 
one  man.  Captain  Walker,  being  asked  why  the  king  of  Nazareth  took  this 
step,  said  it  was  on  account  of  the  people  whom  Matthews  had  carried  off  from 
Gaboon  and  Cape  Lopez  the  voyage  before.  Walker  escaped  by  knowing  the 
language  of  the  country.  Mr.  Morley  sailed  afterwards  with  the  same  Cap 
tain  Matthews  to  Gaboon  river,  where  the  chiefs'  sons  came  on  board  to  de 
mand  what  he  had  done  with  their  sons,  and  the  boys  he  had  carried  off,  (the 
same  that  Walker  alluded  to,)  and  told  him  that  if  he  dared  to  come  on  shore, 
they  would  have  his  head. 

As  a  farther  corroboration  that  such  practices  as  the  above  take  place,  it  ap 
pears  in  evidence,  that  the  natives  of  the  coast  and  islands  are  found  constantly 
hovering  in  their  canoes,  at  a  distance,  about  such  vessels  as  are  passing  by, 
shy  of  coming  on  board,  for  fear  of  being  taken  off.  But  if  they  can  discover 
that  such  vessels  are  not  in  the  slave  trade,  but  are  men-of-war,  they  come  on 
board  readily,  or  without  any  hesitation,  which  they  would  not  otherwise  have 
done,  and  in  numbers,  and  traverse  the  ships  with  as  much  confidence  as  if  they 
had  been  on  shore. 

Mr.  Ellison  says,  when  he  was  lying  at  Yanamaroo,  in  the  Gambia,  slaves 
were  brought  down.  The  traders  raised  the  price.  The  captains  would  not 
give  it,  but  thought  to  compel  them  by  firing  upon  the  town.  They  fired  red 
hot  shot  from  the  ship,  and  set  several  houses  on  fire.  All  the  ships,  seven  or 
eight,  fired. 

Mr.  Falconbridge  heard  Captain  Vicars,  of  a  Bristol  ship,  say  at  Bonny, 


124  AFRICAN   SLAVE   TRADE. 

when  his  traders  were  slack,  he  fired  a  gun  into  or  over  the  town,  to  fi-cshoa 
their  way.  Captain  Vicars  told  this  to  him  and  other  people  there  at  the  time, 
but  he  has  seen  no  instance  of  it  himself. 

Mr.  Isaac  Parker  says  the  Guinea  captains  lying  in  Old  Calabar  river,  fixed 
on  a  certain  price,  and  agreed  to  lie  under  a  £50  bond,  if  any  one  of  them 
should  give  more  for  slaves  than  another ;  in  consequence  of  which,  the  natives 
did  not  readily  bring  slaves  on  board  to  sell  at  those  prices ;  upon  which,  the 
captains  used  to  row  guard  at  night,  to  take  the  canoes  as  they  passed  the  ships, 
and  so  stopping  the  slaves  from  getting  to  their  towns,  prevent  the  traders  from 
getting  them.  These  they  took  on  board  the  different  ships,  and  kept  them 
till  the  traders  agreed  to  slave  at  the  old  prices. 

Lieutenant  Storey  says  that  Captain  Jeremiah  Smith,  in  the  London,  in 
1766,  having  a  dispute  with  the  natives  of  New  Town,  Old  Calabar,  concern 
ing  the  stated  price  which  he  was  to  give  for  slaves,  for  several  days  stopped 
every  canoe  coming  down  the  creek  from  New  Town,  and  also  fired  several 
guns  indiscriminately  over  the  woods  into  the  town,  till  he  brought  them  to  his 
own  terms. 

Captain  Hall  says,  in  Old  Calabar  river  there  are  two  towns,  Old  Town  and 
New  Town.  A  rivalship  in  trade  produced  a  jealousy  between  the  towns ;  so 
that,  through  fear  of  each  other,  for  a  considerable  time,  no  canoe  would  leave 
their  towns  to  go  up  the  river  for  slaves.  This  happened  in  1767.  In  this 
year,  seven  ships,  of  which  five  were  the  following — Duke  of  York,  Bevan ; 
Edgar,  Lace ;  Indian  Queen,  Lewis ;  Nancy,  Maxwell ;  and  Canterbury, 
Sparkes, — lay  off  the  point  which  separates  the  towns.  Six  of  the  captains 
invited  the  people  of  both  towns  on  board  on  a  certain  day,  as  if  to  reconcile 
them  :  at  the  same  time  they  agreed  with  the  people  of  New  Town  to  cut  off 
all  the  Old  Town  people  who  should  remain  on  board  the  next  morning.  The 
Old  Town  people,  persuaded  of  the  sincerity  'of  the  captains'  proposal,  went 
on  board  in  great  numbers.  Next  morning,  at  eight  o'clock,  one  of  the  ships 
fired  a  gun,  as  a  signal  to  commence  hostilities.  Some  of  the  traders  were  se 
cured  on  board,  some  were  killed  in  resisting,  and  some  got  overboard,  and 
were  fired  upon.  When  the  firing  began,  the  New  Town  people,  who  were  in 
ambush  behind  the  Point,  came  forward  and  picked  up  the  people  of  Old  Town, 
who  were  swimming,  and  had  escaped  the  firing.  After  the  firing  was  over, 
the  captains  of  five  of  the  ships  delivered  their  prisoners  (persons  of  conse 
quence)  to  the  New  Town  canoes,  two  of  whom  were  beheaded  alongside  the 
ships.  The  inferior  prisoners  were  carried  to  the  West  Indies.  One  of  the 
captains,  who  had  secured  three  of  the  king's  brothers,  delivered  one  of  them 
to  the  chief  man  of  New  Town,  who  was  one  of  the  two  beheaded  alongside  ; 
the  other  brothers  he  kept  on  board,  promising,  when  the  ship  was  slaved,  to 
deliver  them  to  the  chief  man  of  New  Town.  His  ship  was  soon  slaved  on  ac 
count  of  his  promise,  and  the  number  of  prisoners  made  that  day ;  but  he  re 
fused  to  deliver  the  king's  two  brothers,  according  to  his  promise,  and  carried 
them  to  the  West  Indies,  and  sold  them.  It  happened  in  process  of  time,  that 
they  escaped  to  Virginia,  and  from  thence,  after  three  years,  to  Bristol,  where 


PROCURING   SLAVES.  125 

the  captain  who  brought  them,  fearing  he  had  done  wrong,  meditated  carrying 
or  sending  them  back,  but  Mr.  Jones,  of  Bristol,  who  had  ships  trading  to  Old 
Calabar,  and  hearing  who  they  were,  had  them  taken  from  the  ship,  where 
they  were  in  irons,  by  habeas  corpus.  After  inquiry  how  they  were  brought 
from  Africa,  they  were  liberated,  and  put  in  one  of  Mr.  Jones's  ships  for  Old 
Calabar,  where  Captain  Hall  was,  when  they  arrived  in  the  ship  Cato. 

So  satisfied  were  the  people  of  Old  Town,  in  1767,  of  the  sincerity  of  the 
captains  who  invited  them,  and  of  the  New  Town  people,  towards  a  reconcili 
ation,  tha£  the  night  before  the  massacre,  the  chief  man  of  Old  Town  gave  to 
the  chief  man  of  New  Town  one  of  his  favorite  women  as  a  wife.  It  was  said 
that  from  three  to  four  hundred  persons  were  killed  that  day,  in  the  ships,  in 
the  water,  or  carried  off  the  coast.  The  king  escaped  from  the  ship  he  was  in, 
by  killing  two  of  the  crew,  who  attempted  to  seize  him.  He  then  got  into  a 
one-man  canoe,  and  paddled  to  the  shore.  A  six  pounder  from  one  of  the  ships 
struck  the  canoe  to  pieces ;  he  then  swam  on  shore  to  the  woods  near  the  ships, 
and  reached  his  own  town,  though  closely  pursued.  It  was  said  he  received 
eleven  wounds  from  musket  shot. 

Captain  Hall,  in  his  first  voyage  on  board  the  Neptune,  had  this  account 
from  the  boatswain,  Thomas  Rutter,  who,  in  1767,  had  been  boatswain  to  the 
Canterbury,  Captain  Sparkes,  of  London,  and  concerned  in  the  said  massacre. 
Rutter  told  him  the  story  exactly  as  related,  and  never  varied  in  it.  He  had 
it  also  from  the  king's  two  brothers,  who  agreed  exactly  with  Rutter.  Captain 
Hall  also  saw  at  Calabar,  in  the  possession  of  the  king's  two  brothers,  their 
depositions  taken  at  Bristol,  and  of  Mr.  Floyd,  who  was  mate  of  one  of  the 
ships  when  the  transaction  happened,  but  he  took  no  copy.  Mr.  Millar  says 
that  a  quarrel  happened  between  the  people  of  Old  and  New  Town,  which  pre 
vented  the  ships  lying  in  Calabar  river  from  being  slaved.  He  believes  that  in 
June,  1767,  Captain  S.  Sparkes,  (captain  of  his  ship,  the  Canterbury,)  came 
one  evening  to  him,  and  told  him  that  the  two  towns,  so  quarreling,  would  meet 
on  board  the  different  ships,  and  ordered  him  to  hand  up  some  swords. 

The  next  day  several  canoes,  as  Sparkes  had  before  advertised  him,  came 
from  both  of  the  towns,  on  board  the  Canterbury,  Mr.  Millar's  own  ship,  and 
one  of  the  persons  so  coming  on  board,  brought  a  letter,  which  he  gave  Sparkes, 
immediately  on  the  receipt  of  which,  he,  Sparkes,  took  a  hanger,  and  attacked 
one  of  the  Old  Town  people  then  on  board,  cutting  him  immediately  on  the 
arms,  head  and  body.  The  man  fled,  ran  down  the  steps  leading  to  the  cabin, 
and  Sparkes  still  following  him  with  the  hanger,  darted  into  the  boy's  room 
Mr.  Millar  is  sure  this  circumstance  can  never  be  effaced  from  his  memory 
From  this  room  he  was,  however,  brought  up  by  means  of  a  rope,  and  Sparkes 
renewing  his  attack  on  him,  he  leaped  overboard. 

This  being  concluded,  Sparkes  left  his  own  ship  to  go  on  board  some  of  the 
other  ships  then  lying  in  the  river.  Soon  after  he  was  gone,  a  boy  belonging 
to  Mr.  Millar's  ship  came  and  informed  him,  Mr.  Millar,  that  he  had  discov 
ered  a  man  concealed  behind  the  medicine  chest.  Mr.  Millar  went  and  found 
the  man.  He  was  the  person  before  mentioned  as  having  brought  a  letter  on 


126  AFRICAN   SLAVE   TRADE. 

board.  On  being  discovered  by  Mr.  Millar,  he  begged  for  mercy,  entreating 
that  he  might  not  be  delivered  up  to  the  people  of  New  Town.  He  was 
brought  on  the  quarter-deck,  where  were  some  of  the  New  Town  people,  who 
would  have  killed  him,  had  they  not  been  prevented.  The  man  was  then  ironed, 
and  conducted  into  the  room  of  the  men  slaves. 

Soon  after  this  transaction,  the  captain  returned,  and  brought  with  him  a 
New  Town  trader,  named  Willy  Honesty.  On  coming  on  board,  he  was  in 
formed  of  what  had  happened  in  his  absence,  and  Mr.  Millar  believes,  in  the 
hearing  of  Willy  Honesty,  who  immediately  exclaimed,  "  Captain,  if  you  will 
give  me  that  man,  to  cut  off  his  head,  I  will  give  you  the  best  man  in  my  ca 
noe,  and  you  shall  be  slaved  the  first  ship."  The  captain  upon  this  looked  into 
Willy  Honesty's  canoe,  picked  his  man,  and  delivered  the  other  in  his  stead, 
when  his  head  was  immediately  struck  off  in  Mr.  Millar's  sight. 

Mr.  Millar  believes  that  some  other  cruelties,  besides  this  particular  act,  were 
done,  because  he  saw  blood  on  the  starboard  side  of  the  mizzen-mast,  though 
he  does  not  recollect  seeing  any  bodies  from  whence  the  blood  might  come ; 
and  others  in  other  ships,  because  he  heard  several  muskets  or  pistols  fired  from 
them  at  the  same  time.  This  affair  might  last  ten  minutes.  He  remembers  a 
four-pounder  fired  at  a  canoe,  but  knows  not  whether  any  damage  was  done. 

As  to  other  acts  of  injustice  on  the  part  of  the  Europeans,  some  consider 
frauds  (says  Mr.  Newton)  as  a  necessary  branch  of  the  slave-trade.  They  put 
false  heads  into  powder  casks ;  cut  off  two  or  three  yards  from  the  middle  of  a 
piece  of  cloth  ;  adulterate  their  spirits,  and  steal  back  articles  given.  Besides 
these,  there  are  others  who  pay  in  bottles,  which  contain  but  half  the  contents 
of  the  samples  shown ;  use  false  steelyards  and  weights,  and  sell  such  guns  as 
burst  on  firing,  so  that  many  of  the  natives  of  the  Windward  Coast  are  with 
out  their  fingers  and  thumbs  on  this  account. 


CHAPTER   X. 

AFRICAN  SLAVE  TRADE  IN  THE  EIGHTEENTH  CENTURY,  CONTINUED. — THE 

MIDDLE  PASSAGE. 

Abstract  of  Evidence  before  House  of  Commons,  continued. — The  enslaved  Africans  on 
board  the  Ships — their  dejection. — Methods  of  confining,  airing,  feeding  and  exerci 
sing  them. — Mode  of  stowing  them,  and  its  horrible  consequences.' — Incidents  of  the 
terrible  Middle  Passage — shackles,  chains,  whips,  filth,  foul  air,  disease,  suffocation. — 
Suicides  by  drowning,  by  starvation,  by  wounds,  by  strangling. — Insanity  and  Death. 
— Manner  of  selling  them  when  arrived  at  their  destination. — Deplorable  situation 
of  the  refuse  or  sickly  Slaves. — Mortality  among  Seamen  engaged  in  the  Slave  Trade. 
Their  miserable  condition  and  sufferings  from  disease,  and  cruel  treatment. 


T 


HE  natives  of  Africa  having  been  made  slaves  in  the  modes  described  in 
the  former  charter,  are  brought  down  for  sale  to  the  European  ships.     On 


THE   MIDDLE   PASSAGE.  127 

being  brought  on  board,  says  Dr.  Trotter,  they  show  signs  of  extreme  distress 
and  despair,  from  a  feeling  of  their  situation,  and  regret  at  being  torn  from 
their  friends  and  connections ;  many  retain  those  impressions  for  a  long  time  ; 
in  proof  of  which,  the  slaves  on  board  his  ship  being  often  heard  in  the  night 
making  a  howling  melancholy  noise,  expressive  of  extreme  anguish,  he  repeat 
edly  ordered  the  woman  who  had  been  his  interpreter  to  inquire  into  the 
cause.  She  discovered  it  to  be  owing  to  their  having  dreamed  they  were  in 
their  own  country  again,  and  finding  themselves,  when  awake,  in  the  hold  of  a 
slave-ship.  This  exquisite  sensibility  was  particularly  observable  among  the 
women,  many  of  whom,  on  such  occasions,  he  found  in  hysteric  fits. 

The  foregoing  description,  as  far  as  relates  to  their  dejection,  when  brought 
on  board,  and  the  cause  of  it,  is  confirmed  by  Hall,  Wilson,  Claxton,  Ellison, 
Towne,  and  Falconbridge,  the  latter  of  whom  relates  an  instance  of  a  young 
woman  who  cried  and  pined  away  after  being  brought  on  board,  who  recovered 
when  put  on  shore,  and  who  hung  herself  when  informed  she  was  to  be  sent 
again  to  the  ship. 

Captain  Hall  says,  after  the  first  eight  or  ten  of  them  come  on  board,  the 
men  are  put  into  irons.  They  are  linked  two  and  two  together  by  the  hands 
and  feet,  in  which  situation  they  continue  till  they  arrive  in  the  West  Indies, 
except  such  as  may  be  sick,  whose  irons  are  then  taken  off.  The  women,  how 
ever,  he  says,  are  not  ironed.  On  being  brought  up  in  a  morning,  says  Surgeon 
Wilson,  an  additional  mode  of  securing  them  takes  place,  for  to  the  shackles 
of  each  pair  of  them  there  is  a  ring,  through  which  is  reeved  a  large  chain, 
which  locks  them  all  in  a  body  to  ring-bolts  fastened  to  the  deck.  The  time 
of  their  coming  up  in  the  morning,  if  fair,  is  described  by  Mr.  Towne  to  be 
between  eight  and  nine,  and  the  time  of  their  remaining  there  to  be  till  four  in 
the  afternoon,  when  they  are  again  put  below  till  the  next  morning.  In  the 
interval  of  being  upon  deck  they  are  fed  twice.  They  have  also  a  pint  of 
water  allowed  to  each  of  them  a  day,  which  being  divided  is  served  out  to 
them  at  two  different  times,  namely,  after  their  meals.  These  meals,  says  Mr. 
Falconbridge,  consist  of  rice,  yams,  and  horse-beans,  with  now  and  then  a 
little  beef  and  bread.  After  meals  they  are  made  to  jump  in  their  irons. 
This  is  called  dancing  by  the  slave-dealers.  In  every  ship  he  has  been  desired 
to  flog  such  as  would  not  jump.  He  had  generally  a  cat-of -nine-tails  in  his 
hand  among  the  women,  and  the  chief  mate,  he  believes,  another  among  the  men. 

The  parts,  says  Mr.  Claxton,  (to  continue  the  account,)  on  which  their 
shackles  are  fastened,  are  often  excoriated  by  the  violent  exercise  they  are  thus 
forced  to  take,  of  which  they  made  many  grievous  complaints  to  him.  In  his 
ship  even  those  who  had  the  flux,  scurvy,  and  such  oedematous  swellings  in 
their  legs  as  made  it  painful  to  them  to  move  at  all,  were  compelled  to  dance 
by  the  cat.  He  says,  also,  that  on  board  his  ship  they  sometimes  sung, 
but  not  for  their  amusement.  The  captain  ordered  them  to  sing,  and  they 
sung  songs  of  sorrow.  The  subject  of  these  songs  were  their  wretched  situa 
tion,  and  the  idea  of  never  returning  home.  He  recollects  their  very  words 
upon  these  occasions. 


128  AFRICAN   SLAVE   TRADE. 

The  above  account  of  shackling,  messing,  dancing,*  and  singing  the  slaves, 
is  allowed  by  all  the  witnesses,  as  far  as  they  speak  to  the  same  points,  except 
by  Mr.  Falconbridge,  in  whose  ships  the  slaves  had  a  pint  and  a  half  of  water 
per  day. 

On  the  subject  of  the  stowage  and  its  consequences,  Dr.  Trotter  says  that 
the  slaves  in  the  passage  are  so  crowded  below,  that  it  is  impossible  to  walk 
through  them,  without  treading  on  them.  Those  who  are  out  of  irons  are 
locked  spoonways  (in  the  technical  phrase)  to  one  another.  It  is  the  first 
mate's  duty  to  see  them  stowed  in  this  way  every  morning ;  those  who  do  not 
get  quickly  into  their  places,  are  compelled  by  a  cat-of-nine-tails. 

When  the  scuttles  are  obliged  to  be  shut,  the  gratings  are  not  sufficient  for 
airing  the  rooms.  He  never  himself  could  breathe  freely,  unless  immediately 
under  the  hatchway.  He  has  seen  the  slaves  drawing  their  breath  with  all 
those  laborious  and  anxious  efforts  for  life,  which  are  observed  in  expiring 
animals,  subjected  by  experiment  to  foul  air,  or  in  the  exhausted  receiver 
of  an  air  pump.  He  has  also  seen  them,  when  the  tarpaulings  have  inadvert 
ently  been  thrown  over  the  gratings,  attempting  to  heave  them  up,  crying  out 
in  their  own  language,  "  We  are  dying  !  "  On  removing  the  tarpauliugs  and 
gratings,  they  would  fly  to  the  hatchway  with  all  the  signs  of  terror  and  dread 
of  suffocation.  Many  of  them  he  has  seen  in  a  dying  state,  but  some  have  re 
covered  by  being  brought  hither,  or  on  the  deck ;  others  were  irrecoverably 
lost  by  suffocation,  having  had  no  previous  signs  of  indisposition. 

Mr.  Falconbridge  also  states  on  this  head,  that  when  employed  in  stowing 
the  slaves,  he  made  the  most  of  the  room  and  wedged  them.  in.  They  had  not 
so  much  room  as  a  man  in  his  coffin,  either  in  length  or  breadth.  It  was  im 
possible  for  them  to  turn  or  shift  with  any  degree  of  ease.  He  had  often 
occasion  to  go  from  one  side  of  their  rooms  to  the  other,  in  which  case  he 
always  took  off  his  shoes,  but  could  not  avoid  pinching  them ;  he  has  the 
marks  on  his  feet  where  they  bit  and  scratched  him.  In  every  voyage,  when 
the  ship  was  full,  they  complained  of  heat  and  want  of  air.  Confinement  in 
this  situation  was  so  injurious,  that  he  has  known  them  to  go  down  apparently  in 
good  health  at  night,  and  found  dead  in  the  morning.  On  his  last  voyage  he 
opened  a  stout  man  who  so  died.  He  found  the  contents  of  the  thorax  and 
abdomen  healthy,  and  therefore  concludes  he  died  of  suffocation  in  the  night 
He  was  never  among  them  for  ten  minutes  below  together,  but  his  shirt  was  as 
wet  as  if  dipped  in  water. 

One  of  his  ships,  the  Alexander,  coming  out  of  Bonny,  got  aground  on  the 
bar,  and  was  detained  there  six  or  seven  days,  with  a  great  swell  and  heavy 
rain.  At  this  time  the  air  ports  were  obliged  to  be  shut,  and  part  of  the 
gratings  on  the  weather  side  covered  :  almost  all  the  men  slaves  were  taken  ill 
with  the  flux.  The  last  time  he  went  down  to  see  them,  it  was  so  hot  he  took 
off  his  shirt.  More  than  twenty  of  them  had  then  fainted,  or  were  fainting. 


*  The  necessity  of  exercise  for  health  is  the  reason  giyen  for  compellng  the  slaves  to 
dance  in  the  above  manner. 


THE   MEDLLE   PASSAGE.  129 

He  got,  however,  several  of  them  hauled  on  deck.  Two  or  three  of  these 
died,  and  most  of  the  rest,  before  they  reached  the  West  Indies.  He  was 
down  only  about  fifteen  minutes,  and  became  so  ill  by  it  that  he  could  not  get 
up  without  help,  and  was  disabled  (the  dysentery  seizing  him  also)  from  doing 
duty  the  rest  of  the  passage.  On  board  the  same  ship  he  has  known  two  or 
three  instances  of  a  dead  and  living  slave  found  in  the  morning  shackled 
together. 

The  crowded  state  of  the  slaves,  and  the  pulling  off  the  shoes  by  the  sur 
geons,  as  described  above,  that  they  might  not  hurt  them  in  traversing  their 
rooms,  are  additionally  mentioned  by  surgeons  Wilson  and  Claxtou.  The 
slaves  are  said  also  by  Hall  and  Wilson  to  complain  on  account  of  heat. 
Both  Hall,  Towne,  and  Morley,  describe  them  as  often  in  a  violent  perspira 
tion,  or  dew  sweat.  Mr.  Ellison  has  seen  them  faint  through  heat,  and  obliged 
to  be  brought  on  deck,  the  steam  coming  up  through  the  gratings  like  a  fur 
nace.  In  Wilson's  and  Towne's  ships,  some  have  gone  below  well  in  an  even 
ing,  and  in  the  morning  have  been  found  dead ;  and  Mr.  Newton  has  often 
seen  a  dead  and  living  man  chained  together,  and,  to  use  his  own  words,  one 
of  the  pair  dead. 

To  come  now  to  the  different  incidents  on  the  passage.  Mr.  Falconbridge 
says  that  there  is  a  place  in  every  ship  for  the  sick  slaves,  but  there  are 
no  accommodations  for  them,  for  they  lie  on  the  bare  planks.  He  has  seen 
frequently  the  prominent  parts  of  their  bones  about  the  shoulder-blade  and 
knees  bare.  He  says  he  cannot  conceive  any  situation  so  dreadful  and  dis 
gusting  as  that  of  slaves  when  ill  of  the  flux ;  in  the  Alexander,  the  deck  was 
covered  with  blood  and  mucus,  and  resembled  a  slaughter-house.  The  stench 
and  foul  air  were  intolerable. 

He  has  known  several  slaves  on  board  refuse  sustenance,  with  a  design 
to  starve  themselves.  Compulsion  was  used  in  every  ship  he  was  in  to  make 
them  take  their  food.  He  has  known  also  many  instances  of  their  refusing  to 
take  medicines  when  sick,  because  they  wished  to  die.  A  woman  on  board  the 
Alexander  was  dejected  from  the  moment  she  came  on  board,  and  refused 
both  food  and  medicine  :  being  asked  by  the  interpreter  what  she  wanted,  she 
replied,  nothing  but  to  die — and  she  did  die.  Many  other  slaves  expressed 
the  same  wish. 

The  ships,  he  says,  are  fitted  up  with  a  view  to  prevent  slaves  jumping  over 
board  ;  notwithstanding  which  he  has  known  instances  of  their  doing  so.  In 
the  Alexander  two  were  lost  in  this  way.  In  the  same  voyage,  near  twenty 
jumped  overboard  out  of  the  Enterprise,  Capt.  Wilson,  and  several  from  a 
large  Frenchman  in  Bonny  River.  In  his  first  voyage  he  saw  at  Bonny,  on 
board  the  Emilia,  a  woman  chained  to  the  deck,  who,  the  chief  mate  said,  was 
mad.  On  his  second  voyage,  there  was  a  woman  on  board  his  own  ship,  whom 
they  were  forced  to  chain  at  certain  times.  In  a  lucid  interval  she  was  sold  at 
Jamaica.  He  ascribes  this  insanity  to  their  being  torn  from  their  connections 
and  country. 

Doctor  Trotter,  examined  on  the  same  subject,  says  that  the  man  sold  with 
9 


130  AFRICAN    SLAVS   TRADE. 

his  family  for  witchcraft,  (of  which  he  had  been  accused,  out  of  reveuge,  by  a 
Cabosheer,)  refused  all  sustenance  after  he  came  on  board.  Early  next  morn 
ing  it  was  found  he  had  attempted  to  cut  his  throat.  Dr.  Trotter  sewed  up 
the  wound,  but  the  following  night  the  man  had  not  only  torn  out  the  sutures, 
but  had  made  a  similar  attempt  on  the  other  side.  From  the  ragged  edges  oi 
the  wound,  and  the  blood  upon  his  finger  ends,  it  appeared  to  have  been  done 
with  his  nails,  for  though  strict  search  was  made  through  all  the  rooms,  no  in 
strument  was  found.  He  declared  he  never  would  go  with  white  men,  uttered 
incoherent  sentences,  and  looked  wishfully  at  the  skies.  His  hands  were  se 
cured,  but  persisting  to  refuse  all  sustenance,  he  died  of  hunger  in  eight  or  tea 
days.  He  remembers  also  an  instance  of  a  woman  who  perished  from  refusing 
food :  she  was  repeatedly  flogged,  and  victuals  forced  into  her  mouth,  but  no 
means  could  make  her  swallow  it,  and  she  lived  for  the  four  last  days  in  a  state 
of  torpid  insensibility.  A  man  jumped  overboard,  at  Anamaboe,  and  was 
drowned.  Another  also,  on  the  Middle  Passage,  but  he  was  taken  up.  A 
woman  also,  after  having  been  taken  up,  was  chained  for  some  time  to  the  mizen- 
inast,  but  being  let  loose  again  made  a  second  attempt,  was  again  taken  up,  and 
expired  under  the  floggings  given  her  in  consequence. 

Mr.  Wilson,  speaking  also  on  the  same  subject,  relates,  among  many  cases 
where  force  was  necessary  to  oblige  the  slaves  to  take  food,  that  of  a  young 
man.  He  had  not  been  long  on  board  before  he  perceived  him  get  thin.  On 
inquiry,  he  found  the  man  had  not  taken  his  food,  and  refused  taking  any. 
Mild  means  were  then  used  to  divert  him  from  his  resolution,  as  well  as  prom 
ises  that  he  should  have  any  thing  he  wished  for :  but  still  he  refused  to  eat. 
They  then  whipped  him  with  the  cat,  but  this  also  was  ineffectual.  He  always 
kept  his  teeth  so  fast,  that  it  was  impossible  to  get  any  thing  down.  They 
then  endeavored  to  introduce  a  speculum  oris  between  them ;  but  the  points 
were  too  obtuse  to  enter,  and  next  tried  a  bolus  knife,  but  with  the  same  effect. 
In  this  state  he  was  for  four  or  five  days,  when  he  was  brought  up  as  dead,  lo 
be  thrown  overboard ;  but  Mr.  Wilson  finding  life  still  existing,  repeated  his 
endeavors,  though  in  vain,  and  two  days  afterwards  he  was  brought  up  again 
in  the  same  state  as  before.  He  then  seemed  to  wish  to  get  up.  The  crew 
assisted  him,  and  brought  him  aft  to  the  fire-place,  when,  in  a  feeble  voice,  in 
his  own  tongue,  he  asked  for  water,  which  was  given  him.  Upon  this  they 
began  to  have  hopes  of  dissuading  him  from  his  design,  but  he  again  shut  his 
teeth  as  fast  as  ever,  and  resolved  to  die,  and  on  the  ninth  day  from  the  first 
refusal  he  died. 

Mr.  Wilson  says  it  hurt  his  feelings  much  to  be  obliged  to  use  the  cat  so 
frequently  to  force  them  to  take  their  food.  In  the  very  act  of  chastise 
ment,  they  have  looked  up  at  him  with  a  smile,  and  in  their  own  language 
have  said,  "presently  we  shall  be  no  more." 

In  the  same  ship  a  woman  found  means  to  convey  below  the  night  preceding 
some  rope-yarn,  which  she  tied  to  the  head  of  the  armorer's  vise,  then  in  the 
women's  room.  She  fastened  it  round  her  neck,  and  in  the  morning  was  found 
dead,  with  her  head  lying  on  her  shoulder,  whence  it  appeared,  she  must  have 


THE   MIDDLE   PASSAGE.  131 

"•*  X  .  • 

used  great  exertions  to  accomplish  her  end.  A  young  woman  also  hanged  her 
self,  by  tying  rope-yarns  to  a  batten,  near  her  usual  sleeping-place,  and  then 
slipping  off  the  platform.  The  next  morning  she  was  found  warm,  and  he 
used  the  proper  means  for  her  recovery,  but  in  vain. 

In  the  same  ship  also,  when  off  Annabona,  a  slave  on  the  sick  list  jumped 
overboard,  and  was  picked  up  by  the  natives,  but  died  soon  afterwards.  At 
another  time,  when  at  sea,  the  captain  and  officers,  when  at  dinner,  heard  the 
alarm  of  a  slave's  being  overboard,  and  found  it  true,  for  they  perceived  him 
making  every  exertion  to  drown  himself.  He  put  his  head  under  water,  bu: 
lifted  his  hands  up ;  and  thus  went  down,  as  if  exulting  that  he  had  got  away. 

Besides  the  above  instance,  a  man  slave  who  came  on  board  apparently  well, 
became  afterwards  mad,  and  at  length  died  insane. 

Mr.  Claxton,  the  fourth  surgeon  examined  on  these  points,  declares  the 
steerage  and  boys'  room  to  have  been  insufficient  to  receive  the  sick  ;  they 
were  therefore  obliged  to  place  together  those  that  were  and  those  that  were 
not  diseased,  and  in  consequence  the  disease  and  mortality  spread  more  and 
more.  The  captain  treated  them  with  more  tenderness  than  he  has  heard  was 
usual,  but  the  men  were  not  humane.  Some  of  the  most  diseased  were  obliged 
to  keep  on  deck  with  a  sail  spread  for  them  to  lie  on.  This,  in  a  little  time, 
became  nearly  covered  with  blood  and  mucus,  which  involuntarily  issued  from 
them,  and  therefore  the  sailors,  who  had  the  disagreeable  task  of  cleaning  the 
sail,  grew  angry  with  the  slaves,  and  used  to  beat  them  inhumanly  with  their 
hands,  or  with  a  cat.  The  slaves  in  consequence  grew  fearful  of  committing 
this  involuntary  action,  and  when  they  perceived  they  had  done  it  would  im 
mediately  creep  to  the  tubs,  and  there  sit  straining  with  such  violence,  as  to 
produce  a  prolapsus  ani,  which  could  not  be  cured. 

Some  of  the  slaves  on  board  the  same  ship,  says  Mr.  Claxton,  had  such 
an  aversion  to  leaving  their  native  places,  that  they  threw  themselves  over 
board,  on  an  idea  that  they  should  get  back  to  their  own  country.  The  cap 
tain,  in  order  to  obviate  this  idea,  thought  of  an  expedient,  viz  :  to  cut  off  the 
heads  of  those  who  died,  intimating  to  them,  that  if  determined  to  go,  they 
must  return  without  their  heads.  The  slaves  were  accordingly  brought  up  to 
witness  the  operation.  One  of  them  seeing,  when  on  deck,  the  carpenter 
standing  with  his  hatchet  up  ready  to  strike  off  the  head  of  a  dead  slave,  with 
a  violent  exertion  got  loose,  and  flying  to  the  place  where  the  nettings  had 
been  unloosed,  in  order  to  empty  the  tubs,  he  darted  overboard.  The  ship 
brought  to,  and  a  man  was  placed  in  the  main  chains  to  catch  him,  which  he 
perceiving,  dived  under  water,  and  rising  again  at  a  distance  from  the  ship, 
made  signs,  which  words  cannot  describe,  expressive  of  his  happiness  in  escap 
ing.  He  then  went  down,  and  was  seen  no  more.  This  circumstance  deterred 
the  captain  from  trying  the  expedient  any  more,  and  therefore  he  resolved  for 
the  future  (as  he  saw  they  were  determined  to  throw  themselves  overboard)  to 
keep  a  strict  watch  ;  notwithstanding  which,  some  afterwards  contrived  to  un 
loose  the  lashing,  so  that  two  actually  threw  themselves  into  the  sea,  and  were 
lost ;  another  was  caught  when  about  three  parts  overboard. 


132  AFRICAN   SLAVE   TRADE. 

« 

All  the  above  incidents,  described  as  to  have  happened  on  the  Middle  Pas 
sage,  are  amply  corroborated  by  the  other  witnesses.  The  slaves  lie  on  the 
bare  boards,  says  surgeon  Wilson.  They  are  frequently  bruised,  and  the  prom 
inent  parts  of  the  body  excoriated,  adds  the  same  gentleman,  as  also  Trotter 
and  Newton.  They  have  been  seen  by  Morley  wallowing  in  their  blood  and 
excrement.  Claxton,  Ellison,  and  Hall  describe  them  as  refusing  sustenance, 
and  compelled  to  eat  by  the  whip.  Morley  has  seen  the  pannekin  dashed 
against  their  teeth,  and  the  rice  held  in  their  mouths,  to  make  them  swallow  it, 
till  they  were  almost  strangled,  and  they  have  even  been  thumb-screwed  *  with 
this  view  in  the  ships  of  Towne  and  Millar.  The  man  stolen  at  Galenas  river, 
says  the  former,  also  refused  to  eat,  and  persisted  till  he  died.  A  woman,  says 
the  latter,  who  was  brought  on  board,  refused  sustenance,  neither  would  she 
speak.  She  was  then  ordered  the  thumb-screws,  suspended  in  the  mizzen  rig 
ging,  and  every  attempt  was  made  with  the  cat  to  compel  her  to  eat,  but  to  no 
purpose.  She  died  in  three  or  four  days  afterwards.  Mr.  Millar  was  told  that 
she  had  said,  the  night  before  she  died,  "  She  was  going  to  her  friends." 

As  a  third  specific  instance,  in  another  vessel,  may  be  mentioned  that  related 
by  Mr.  Isaac  Parker.  There  was  a  child,  says  he,  on  board,  nine  months  old, 
which  refused  to  eat,  for  which  the  captain  took  it  up  in  his  hand,  and  flogged 
it  with  a  cat,  saying,  at  the  same  time,  "  Damn  you,  I  '11  make  you  eat,  or  I  '11 
kill  you."  The  same  child  having  swelled  feet,  the  captain  ordered  them  to 
be  put  into  water,  though  the  ship's  cook  told  him  it  was  too  hot.  This  brought 
off  the  skin  and  nails.  He  then  ordered  sweet  oil  and  cloths,  which  Isaac  Par 
ker  himself  applied  to  the  feet ;  and  as  the  child  at  mess  time  again  refused  to 
eat,  the  captain  again  took  it  up  and  flogged  it,  and  tied  a  log  of  mango-wood 
eighteen  or  twenty  inches  long,  and  of  twelve  or  thirteen  pounds  weight,  round 
its  neck,  as  a  punishment.  He  repeated  the  flogging  for  four  days  together  at 
mess  time.  The  last  time  after  flogging  it,  he  let  it  drop  out  of  his  hand,  with 
the  same  expression  as  before,  and  accordingly  in  about  three  quarters  of  an 
hour  the  child  died.  He  then  called  its  mother  to  heave  it  overboard,  and  beat 
her  for  refusing.  He  however  forced  her  to  take  it  up,  and  go  to  the  ship's 
side,  where,  holding  her  head  on  one  side,  to  avoid  the  sight,  she  dropped 
her  child  overboard,  after  which  she  cried  for  many  hours. 

Besides  instances  of  slaves  refusing  to  eat,  with  the  view  of  destroying  them 
selves,  and  dying  in  consequence  of  it,  those  of  their  going  mad  are  confirmed 
by  Towue,  and  of  their  jumping  overboard,  or  attempting  to  do  it,  by  Towne, 
Millar,  Ellison,  and  Hall. 

Other  incidents  on  the  passage,  mentioned  by  some  of  the  witnesses  in  their 
examination,  may  be  divided  into  three  kinds : 

The  first  kind  consists  of  insurrections  on  the  part  of  the  slaves.  Some  of 
these  frequently  attempted  to  rise,  but  were  prevented,  (Wilson,  Towne,  Trot- 


*  To  show  the  severity  of  this  punishment,  Mr.  Dove  says,  that  while  two  slaves  were 
under  the  torture  of  the  thumb-screws,  the  sweat  ran  down  their  faces,  and  they  trem 
bled  as  under  a  violent  ague  fit;  and  Mr.  Ellison  has  known  instances  of  their  dying,  a 
mortification  having  taken  place  in  their  thumbs  in  consequence  of  these  screws. 


THE   MIDDLE   PASSAGE.  133 

ter,  Newton,  Dalrymple,  Ellison,)  others  rose,  but  were  quelled,  (Ellison,  Xc\v- 
ton,  Falconbridge,)  and  others  rose  and  succeeded,  killing  almost  all  the  whites: 
(Falconbridge  and  Towne.)  Mr.  Towne  says  that,  inquiring  of  the  slaves  into 
the  cause  of  these  insurrections,  he  has  been  asked  what  business  he  had  to 
carry  them  from  their  country.  They  had  wives  and  children,  whom  they  wanted 
to  be  with.  After  an  insurrection,  Mr.  Ellison  says  he  has  seen  them  flogged, 
and  the  cook's  tormentors  and  tongs  heated  to  burn  their  flesh.  Mr.  Newto'u 
also  adds  that  it  is  usual  for  captains,  after  insurrections  and  plots  happen,  to 
flog  the  slaves.  Some  captains,  on  board  whose  ships  he  has  been,  added  tne 
thumb-screw,  and  one  in  particular  told  him  repeatedly  that  he  had  put  slaves 
to  death,  after  an  insurrection,  by  various  modes  of  torture. 

The  second  sort  of  incident  on  the  passage  is  mentioned  by  Mr.  Falconbridge 
in  the  instance  of  an  English  vessel  blowing  up  off  Galenas,  and  most  of  the 
men-slaves,  entangled  in  their  irons,  perishing. 

The  third  sort  is  described  by  Mr.  Hercules  Ross  as  follows.  One  instance, 
says  he,  marked  with  peculiar  circumstances  of  horror,  occurs  : — About  twenty 
years  ago,  a  ship  from  Africa,  with  about  four  hundred  slaves  on  board,  struck 
upon  some  shoals,  called  the  Morant  Keys,  distant  eleven  leagues,  S.S.E.  off 
the  east  end  of  Jamaica.  The  officers  and  seamen  of  the  ship  landed  in  their 
boats,  carrying  with  them  arms  and  provisions.  The  slaves  were  left  on  board 
in  their  irons  and  shackles.  This  happened  in  the  night  time.  The  Morant 
Keys  consist  of  three  small  sandy  islands,  and  he  understood  that  the  ship  had 
struck  upon  the  shoals,  at  about  half  a  league  to  windward  of  them.  When 
morning  came,  it  was  discovered  that  the  negroes  had  got  out  of  their  irons, 
and  were  busy  making  rafts,  upon  which  they  placed  the  women  and  children, 
whilst  the  men,  and  others  capable  of  swimming,  attended  upon  the  rafts,  while 
they  drifted  before  the  wind  towards  the  island  where  the  seamen  had  landed. 
From  an  apprehension  that  the  negroes  would  consume  the  water  and  provis 
ions  which  the  seamen  had  landed,  they  came  to  the  resolution  of  destroying 
them  by  means  of  their  fire-arms  and  other  weapons.  As  the  poor  wretches 
approached  the  shore,  they  actually  destroyed  between  three  and  four  hun 
dred  of  them.  Out  of  the  whole  cargo,  only  thirty-three  or  thirty-four  were 
saved,  and  brought  to  Kingston,  where  Mr.  Ross  saw  them  sold  at  public  vcu- 
due.  The  ship,  to  the  best  of  his  recollection,  was  consigned  to  a  Mr.  Hugh 
Wallace,  of  the  parish  of  St.  Elizabeth's.  Mr.  Ross  says,  in  extenuation  of 
this  massacre,  that  the  crew  were  probably  drunk,  or  they  would  not  have  acted 
so,  but  he  does  not  know  it  to  have  been  the  case. 

When  the  ships  arrive  at  their  destined  ports,  the  slaves  are  exposed  to  sale. 
They  are  sold  either  by  scramble,  by  public  auction,  or  by  lots.  The  sale  by 
scramble  is  thus  described  by  Mr.  Falconbridge  :  "  In  the  Emilia,  at  Jamaica, 
the  ship  was  darkened  with  sails,  and  covered  around.  The  men-slaves  were 
placed  on  the  main  deck,  and  the  women  on  the  quarter  deck.  The  purchasers 
on  shore  were  informed  that  a  gun  would  be  fired  when  they  were  ready  to  open 
the  sale.  A  great  number  of  people  came  on  board  with  tallies  or  cards  in 
their  hands,  with  their  own  names  on  them,  and  rushed  through  the  barricade 


134  AFRICAN   SLAVE   TRADE. 

door  with  the  ferocity  of  brutes.  Some  had  three  or  four  handkerchiefs  tied 
together,  to  encircle  as  many  as  they  thought  fit  for  their  purpose.  In  the  yard 
at  Grenada,  he  adds,  (where  another  of  his  ships,  the  Alexander,  sold  by  scram 
ble,)  the  women  were  so  terrified,  that  several  of  them  got  out  of  the  yard,  and 
ran  about  St.  George's  town  as  if  they  were  mad.  In  his  second  voyage,  while 
lying  at  Kingston,  he  saw  a  sale  by  scramble  on  board  the  Tryal,  Captain  Mac- 
donald.  Forty  or  fifty  of  the  slaves  leaped  into  the  sea,  all  of  whom,  how 
ever,  were  taken  up  again."  This  was  a  very  general  mode  of  sale.  Mr.  Bail- 
lie  says  it  was  the  common  mode  in  America  where  he  has  been.  Mr.  Fitz- 
maurice  has  been  at  twenty  sales  by  scramble  in  Jamaica.  Mr.  Clappesou 
never  saw  any  other  mode  of  sale  during  his  residence  there,  and  it  is  men 
tioned  as  having  been  practiced  under  the  inspection  of  Morley  and  of  Trotter. 

The  slaves  sold  by  public  auction  are  generally  the  refuse,  or  sickly  slaves. 
These  were  in  such  a  state  of  health  that  they  sold,  says  Baillie,  greatly  under 
price.  Falconbridge  has  known  them  sold  for  five  dollars  each,  Town  for  a 
guinea,  and  Mr.  Hercules  Ross  as  low  as  a  single  dollar. 

The  state  of  such  is  described  to  be  very  deplorable  by  General  Tottenham 
and  Mr.  Hercules  Ross.  The  former  says  that  he  once  observed  at  Barbadoes 
a  number  of  slaves  that  had  been  landed  from  a  ship.  They  were  brought 
into  the  yard  adjoining  the  place  of  sale.  Those  that  were  not  very  ill  were 
put  into  little  huts,  and  those  that  were  worse  were  left  in  the  yard  to  die, 
for  nobody  gave  them  any  thing  to  eat  or  drink ;  and  some  of  them  lived 
three  days  in  that  situation.  The  latter  has  frequently  seen  the  very  refuse 
(as  they  are  termed)  of  the  slaves  of  Guinea  ships  landed  and  carried  to  the 
vendue-masters  in  a  very  wretched  state ;  sometimes  in  the  agonies  of  death ; 
and  he  has  known  instances  of  their  expiring  in  the  piazza  of  the  auctioneer. 

Mr.  Newton  says,  that  in  none  of  the  sales  he  saw  was  there  any  care  ever 
taken  to  prevent  such  slaves  as  were  relations  from  being  separated.  They 
were  separated  as  sheep  and  lambs  by  the  butcher.  This  separation  of  rela 
tions  and  friends  is  confirmed  by  Davison,  Trotter,  Clapperson,  and  Towne. 
Fitzmaurice  also  mentions  the  same,  with  an  exception  only  to  infants ;  but 
Mr.  Falconbridge  says  that  one  of  his  captains  (Frazer)  recommended  it  to 
the  planters  never  to  separate  relations  and  friends.  He  says  he  once  heard 
of  a  person  refusing  to  purchase  a  man's  wife,  and  was  next  day  informed  the 
man  had  hanged  himself. 

With  respect  to  the  mortality  of  slaves  in  the  passage,  Mr.  Falconbridge 
says,  that  in  three  voyages  he  purchased  1,100,  and  lost  191 ;  Trotter,  in  one 
voyage,  about  600,  and  lost  about  70 ;  Millar,  in  one  voyage,  490,  and  lost 
180 ;  Ellison,  in  three  voyages,  where  he  recollects  the  mortality,  bought  895, 
and  lost  356.  In  one  of  these  voyages,  says  the  latter,  the  slaves  had  the 
small-pox.  In  this  case  he  has  seen  the  platform  one  continued  scab ;  eight 
or  ten  of  them  were  hauled  up  dead  in  a  morning,  and  the  flesh  and  skin  peeled 
off  their  wrists  when  taken  hold  of. 

Mr.  Morley  says  that  in  four  voyages  he  purchased  about  1,325,  and  lost 
about  313.  Mr.  Towne,  in  two  voyages,  630,  and  lost  115.  Mr.  Claxton,  in 


THE  MIDDLE  PASSAGE.  135 

one  voyage,  250,  and  lost  132.  In  this  voyage,  he  says,  they  were  so  straighten 
ed  for  provisions,  that  if  they  had  been  ten  more  days  at  sea,  they  must  either 
have  eaten  the  slaves  that  died,  or  have  made  the  living  slaves  walk  the  plank, 
a  term  used  among  Guinea  captains  for  making  the  slaves  throw  themselves 
overboard.  He  says,  also,  that  he  fell  in  with  the  Hero,  Captain  Withers, 
which  had  lost  360  slaves,  or  more  than  half  her  cargo,  by  the  small-pox 
The  surgeon  of  the  Hero  told  him  that  when  the  slaves  were  removed  from 
one  place  to  another,  they  left  marks  of  their  skin  and  blood  upon  the  deck,  and 
it  was  the  most  horrid  sight  he  had  ever  seen. 

Mr.  Wilson  states  that  in  his  ship  and  three  others  belonging  to  the  same 
concern,  they  purchased  among  them  2064  slaves,  and  lost  586.  He  adds,  that 
he  fell  in  with  the  Hero,  Captain  Withers,  at  St.  Thomas',  which  had  lost  159 
slaves  by  the  small-pox.  Captain  Hall,  in  two  voyages,  purchased  550,  and 
lost  110.  He  adds,  that  he  has  known  some  ships  in  the  slave-trade  bury  a 
quarter,  some  a  third,  and  others  half  of  their  cargo.  It  is  very  uncommon 
to  find  ships  without  some  loss  *  in  their  slaves. 

Besides  those  which  die  on  the  passage,  it  must  be  noticed  here  that  several 
die  soon  after  they  are  sold.  Sixteen,  says  Mr.  Falconbridge,  were  sold  by 
auction  out  of  the  Alexander,  all  of  whom  died  before  the  ship  left  the  West 
Indies.  Out  of  fourteen,  says  Mr.  Claxton,  sold  from  his  ship  in  an  infections 
state,  only  four  lived ;  and  though  in  the  four  voyages  mentioned  by  Mr.  Wil 
son,  no  less  than  586  perished  on  the  passage  out  of  2,064,  yet  220  addition 
ally  died  of  the  small-pox  in  a  very  little  time  after  their  delivery  in  the  river 
Plate,  making  the  total  loss  for  those  ships  not  less  than  836,  out  of  2,064. 

The  causes  of  the  disorders  which  carry  off  the  slaves  in  such  numbers,  are 
ascribed  by  Mr.  Falconbridge  to  a  diseased  mind,  sudden  transitions  from  heat 
to  cold,  a  putrid  atmosphere,  wallowing  in  their  own  excrements,  and  being 
shackled  together.  A  diseased  mind,  he  says,  is  undoubtedly  one  of  the  causes ; 
for  many  of  the  slaves  on  board  refused  medicines,  giving  as  a  reason,  that 
they  wanted  to  die,  and  could  never  be  cured.  Some  few,  on  the  other  hand, 
who  did  not  appear  to  think  so  much  of  their  situation,  recovered.  That 
shackling  together  is  also  another  cause,  was  evident  from  the  circumstance  of 
the  men  dying  in  twice  the  proportion  the  women  did ;  and  so  long  as  the 
trade  continues,  he  adds,  they  must  be  shackled  together,  for  no  man  will  at 
tempt  to  carry  them  out  of  irons. 

Surgeon  Wilson,  examined  on  the  same  topic,  speaks  nearly  in  the  same 
manner.  He  says  that  of  the  death  of  two-thirds  of  those  who  died  in  his 
ship,  the  primary  cause  was  melancholy.  This  was  evident,  not  only  from  the 
symptoms  of  the  disorder,  and  the  circumstance  that  no  one  who  had  it  was 
ever  cured,  whereas  those  who  had  it  not,  and  yet  were  ill,  recovered ;  but 
from  the  language  of  the  slaves  themselves,  who  declared  that  they  wished  to 
die,  as  also  from  Captain  Smith's  own  declaration,  who  said  their  deaths  were 

*  Total  purchased,  7,904,  lost,  2,053,  exclusive  of  the  Hero,  being  above  one-fourth 
of  the  number  purchased.  The  reader  will  observe  that  Mr.  Claxton  fell  iii  with  th« 
Hero  on  one  voyage,  and  Mr.  Wilson  on  another. 


136  AFRICAN    bLAVii   TRADE. 

to  be  ascribed  to  their  thinking  so  much  of  their  situation.  Though  several 
died  of  the  flux,  he  attributes  their  death,  primarily,  to  the  cause  before  assign 
ed  ;  for,  says  he,  their  original  disorder  was  a  fixed  melancholy,  and  the  symp 
toms,  lowness  of  spirits  and  despondency.  Hence  they  refused  food.  This 
only  increased  the  symptoms. 

Mr.  Towne,  the  only  other  person  who  speaks  of  the  causes  of  the  disorders 
of  the  slaves,  says  "they  often  fall  sick,  sometimes  owing  to  their  crowded 
state,  but  mostly  to  grief  for  being  carried  away  from  their  country  and  friends." 
This  he  knows  from  inquiring  frequently  (which  he  was  enabled  to  do  by 
understanding  their  language)  into  the  circumstances  of  their  grievous  com 
plaints. 

We  make  some  further  extracts  from  the  evidence,  to  exhibit  the  disastrous 
and  fatal  effects  of  the  trade  upon  the  seamen  engaged  in  it.  Such  was  the 
despotic  character  of  the  discipline  on  board  of  the  slave-ships,  and  such  the 
insensibility  to  suffering  acquired  by  the  officers,  that  the  condition  of  the  sea 
men  was  not  much  better  than  that  of  the  slaves.  To  exhibit  the  mortality 
among  the  seamen  on  board  these  infected  ships,  a  report  was  made  to  the 
House  of  Commons,  giving  an  abstract  of  the  muster-rolls  of  such  Liverpool  and 
Bristol  ships  as  were  returned  to  the  custom  houses  from  September,  1784,  to 
January,  1790.  During  this  period,  it  appears  that  in  350  vessels,  12,263  sea 
men  were  employed  ;  of  these,  only  5,760  returned  home  of  the  original  crews ; 
of  the  remaining  6,503,  there  had  died,  before  the  vessels  arrived  in  the  West 
Indies,  2,643.  The  fate  of  the  3,860,  not  accounted  for  in  the  muster-rolls, 
we  gather  from  the  witnesses. 

The  crews  of  the  African  slavers,  says  Captain  Hall,  when  they  arrive  in 
the  West  Indies,  are  generally  (he  does  not  know  a  single  instance  to  the  con 
trary)  in  a  sickly,  debilitated  state,  and  the  seamen,  who  are  discharged  or 
desert  from  those  ships  in  the  West  Indies,  are  the  most  miserable  objects  he 
ever  met  with  in  any  country  in  his  life.  He  has  frequently  seen  them  with 
their  toes  rotted  off,  their  legs  swelled  to  the  size  of  their  thighs,  and  in  an 
ulcerated  state  all  over.  He  has  seen  them  on  the  different  wharves  in  the 
islands  of  Antigua,  Barbadoes,  and  Jamaica,  particularly  at  the  two  last 
islands.  He  has  also  seen  them  laying  under  the  cranes  and  balconies  of  the 
houses  near  the  water-side  in  Barbadoes  and  Jamaica  expiring,  and  some  quite 
dead. 

To  confirm  the  assertion  of  Captain  Hall,  of  the  merchant  service,  that  the 
>rews  of  Guinea-men  generally  arrive  at  their  destined  ports  of  sale  in  a  sickly, 
debilitated  state,  we  may  refer  to  Captain  Hall,  of  the  navy,  who  asserts  that 
in  taking  men  (while  in  the  West  Indies)  out  of  merchant  ships  for  the  king's 
service,  he  has,  in  taking  a  part  of  the  crew  of  a  Guinea  ship,  whose  number 
then  consisted  of  seventy,  been  able  to  select  but  thirty,  who  could  have  been 
thought  capable  of  serving  on  board  any  ships  of  war,  and  when  those  thirty 
were  surveyed  by  order  of  the  admiral,  he  was  reprimanded  for  bringing  Kiel) 
men  into  the  service,  who  were  more  likely  to  breed  distemper  than  to  be  of 
any  use,  and  this  at  a  time  when  seamen  were  so  much  wanted,  that  almost 


TREATMENT    OF   THE   SEAMEN.  1  a  t 

any  thing  would  have  been  taken.  He  adds  also  that  this  was  not  a  singular 
instance,  but  that  it  was  generally  the  case ;  for  he  had  many  opportunities 
between  the  years  1769  and  1773  of  seeing  the  great  distresses  of  crews  of 
Guinea  ships,  when  they  arrived  in  the  West  Indies. 

We  may  refer  also  to  Captain  Smith,  of  the  navy,  who  asserts  that  though 
he  may  have  boarded  near  twenty  of  these  vessels  in  the  West  Indies,  for  the 
purpose  of  impressing  men,  he  was  never  able  to  get  more  than  two  men. 
The  principal  reason  was  the  fear  of  infection,  having  seen  many  of  them  in  a 
very  disordered  and  ulcerated  state. 

The  assertion  also  of  Captain  Hall,  of  the  merchant  service,  relative  to 
their  situation  after  their  arrival  at  their  destined  ports  of  sale,  is  confirmed 
by  the  rest  of  the  witnesses  in  the  minutest  manner ;  for  the  seamen  belonging 
to  the  slave- vessels  are  described  as  lying  about  the  wharves  and  cranes,  or 
wandering  about  the  streets  or  islands  full  of  sores  and  ulcers.  It  is  asserted 
by  the  witnesses,  that  they  never  saw  any  other  than  Guinea  seamen  in  that 
state  in  the  West  Indies.  The  epithets  also  of  sickly,  emaciated,  abject,  de 
plorable  objects,  are  applied  to  them.  They  are  mentioned  again  as  desti 
tute,  and  starving,  and  without  the  means  of  support,  no  merchantmen  taking 
them  in  because  they  are  unable  to  work,  and  men-of-war  refusing  them  for 
fear  of  infection.  Many  of  them  are  also  described  as  lying  about  in  a 
dying  state ;  and  others  have  been  actually  found  dead,  and  negroes  have 
been  seen  carrying  the  bodies  of  others  to  be  interred. 

It  may  be  remarked  here,  that  this  diseased  and  forlorn  state  of  the  seamen 
was  so  inseparable  from  the  slave-trade,  that  the  different  witnesses  had  not  only 
seen  it  at  Jamaica,  Antigua,  and  Barbadoes,  the  places  mentioned  by  Captain 
Hall,  but  wherever  they  have  seen  Guinea-men  arrive,  namely,  at  St.  Vincents, 
Grenada,  Dominique,  and  in  North  America  also. 

The  reasons  why  such  immense  numbers  were  left  behind  in  the  West  Indies, 
as  were  found  in  this  deplorable  state,  are  the  following :  The  seamen  leave 
their  ships  from  ill  usage,  says  Ellison.  It  is  usual  for  captains,  say  Clappe- 
son  and  Young,  to  treat  them  ill,  that  they  may  desert  and  forfeit  their  wages. 
Three  others  state  they  were  left  behind  purposely  by  their  captains  ;  and  Mr. 
H.  Rose  adds,  in  these  emphatical  words,  "  that  it  was  no  uncommon  thing  for 
the  captains  to  send  on  shore,  a  few  hours  before  they  sail,  their  lame,  emaci 
ated,  and  sick  seamen,  leaving  them  to  perish. 

That  the  seamen  employed  in  the  slave-trade  were  worse  fed,  both  in  point 
of  quantity  and  quality  of  provisions,  than  the  seamen  in  other  trades,  was 
allowed  by  most  of  the  witnesses,  and  that  they  had  little  or  no  shelter  night 
or  day  from  the  inclemency  of  the  weather,  during  the  whole  of  the  Middle 
Passage,  was  acknowledged  by  them  all.  With  respect  to  their  personal  ill 
usage,  the  following  extracts  may  suffice  : 

Mr.  Morley  asserts  that  the  seamen  in  all  the  Guinea-men  he  sailed  in, 
except  one,  were  generally  treated  with  great  rigor,  and  many  with  cruelty. 
He  recollects  many  instances :  Mathews,  the  chief  mate  of  the  Venus,  Captain 
Forbes,  would  knock  a  man  down  for  any  frivolous  thing  with  a  cat,  a  piece  of 


138  AFRICAN   SLAVE   TRADE. 

*"     '         •'  f       ••'•••'   W'sit'      ',»•£•      ttLi     iL-ltii    i"^*       '          '   '  »»       "•'   £>;"V.t;      '  "'•'     i  '•'• 

wood,  or  a  cook's  axe,  with  which  he  once  cut  a  man  down  the  shoulder,  by 
throwing  it  at  him  in  a  passion.  Captain  Dixon,  likewise,  in  the  Amelia,  tied 
up  the  men,  and  gave  them  four  or  five  dozen  lashes  at  a  time,  and  then 
rubbed  them  with  pickle.  Mr.  Morley  also  himself,  when  he  was  Dixon's 
cabin-boy,  for  accidentally  breaking  a  glass,  was  tied  to  the  tiller  by  the  hands, 
flogged  with  a  cat,  and  kept  hanging  for  some  time.  Mr.  Morley  has  seen  the 
seamen  lie  and  die  upon  the  deck.  They  are  generally,  he  says,  treated  ill 
when  sick.  He  has  known  men  ask  to  have  their  wounds  or  ulcers  dressed ; 
and  has  heard  the  doctor,  with  oaths,  refuse  to  dress  them. 

Mr.  Ellison  also,  in  describing  the  treatment  in  the  Briton,  says  there  was  a 
boy  on  board,  whom  Wilson,  the  chief  mate,  was  always  beating.  One  morn 
ing,  in  the  passage  out,  he  had  not  got  the  tea-kettle  boiled  in  time  for  his 
breakfast,  upon  which,  when  it  was  brought,  Wilson  told  him  he  would  severely 
flog  him  after  breakfast.  The  boy,  for  fear  of  this,  went  into  the  lee  fore 
chains.  When  Wilson  came  from  the  cabin,  and  called  for  Paddy,  (the  name 
he  went  by,  being  an  Irish  boy,)  he  would  not  come,  but  remained  in  the  fore 
chains ;  on  which  Wilson  going  forward,  and  attempting  to  haul  him  in,  the 
boy  jumped  overboard,  and  was  drowned. 

Another  time  on  the  Middle  Passage,  the  same  Wilson  ordered  one  James 
Allison  (a  man  he  had  been  continually  beating  for  trifles)  to  go  into  the 
women's  room  to  scrape  it.  Allison  said  he  was  not  able,  for  he  was  very 
unwell ;  upon  which  Wilson  obliged  him  to  go  down.  Observing,  however, 
that  the  man  did  not  work,  he  asked  him  the  reason,  and  was  answered  as 
before,  "  that  he  was  not  able."  Upon  this,  Wilson  threw  a  handspike  at  him, 
which  struck  him  on  the  breast,  and  he  dropped  down  to  appearance  dead. 
Allison  recovered  afterwards  a  little,  but  died  the  next  day. 

Mr.  Ellison  relates  other  instances  of  ill-usage  on  board  his  own  ship,  and 
with  respect  to  instances  in  others,  he  says,  that  in  all  slave  ships  they  are  most 
commonly  beaten  and  knocked  about  for  nothing.  He  recollects  that  on  board 
the  Phoenix,  a  Bristol  ship,  while  lying  on  the  coast,  the  boatswain  and  five  of 
the  crew  made  their  escape  in  the  yawl,  but  were  taken  up  by  the  natives. 
When  Captain  Bishop  heard  it,  he  ordered  them  to  be  kept  on  shore  at  Forje, 
a  small  town  at  the  mouth  of  Calabar  River,  chained  by  the  necks,  legs,  and 
hands,  and  to  have  each  a  plantain  a  day  only.  The  boatswain,  whose  name 
was  Tom  Jones,  and  an  old  shipmate  of  his,  and  a  very  good  seaman,  died 
raving  mad  in  his  chains  there.  The  other  five  died  in  their  chains  also. 

Mr.  Towne,  in  speaking  of  the  treatment  on  board  the  Peggy,  Captain 
Davison,  says  that  their  chests  were  brought  upon  deck,  and  staved  and  burnt, 
and  themselves  turned  out  from  lying  below ;  and  if  any  murmurs  were  heard 
among  them,  they  were  inhumanly  beaten  with  any  thing  that  came  in  the  way, 
or  flogged,  both  legs  put  in  irons,  and  chained  abaft  to  the  pumps,  and  there 
made  to  work  points  and  gaskets,  during  the  captain's  pleasure ;  and  very 
often  beat  just  as  the  captain  thought  proper.  He  himself  has  often  seen  the 
captain  as  he  has  walked  by,  kick  them  repeatedly,  and  if  they  have  said  any 
thing  that  he  might  deem  offensive,  he  has  immediately  called  for  a  stick  to 


TREATMENT   OF   THE    SEAMEN. 

beat  them  with;  they  at  the  same  time,  having  both  legs  in  irons,  an  iron  col 
lar  about  their  necks,  and  a  chain ;  and  when  on  the  coast  of  Guinea,  if  not 
released  before  their  arrival  there  from  their  confinement,  they  were  put  into 
the  boats,  and  made  to  row  backwards  and  forwards,  either  with  the  captain 
from  ship  to  ship,  or  on  any  other  duty,  still  both  legs  in  irons,  an  iron  collar 
about  their  necks,  with  a  chain  locked  to  the  boat,  and  taken  out  when  no  other 
duty  was  required  of  them  at  night,  and  locked  fast  upon  the  open  deck,  ex 
posed  to  the  heavy  rains  and  dews,  without  any  thing  to  lie  upon,  or  any  thing 
to  cover  them.  This  was  a  practice  on  board  the  Peggy. 

He  says,  also,  that  similar  treatment  prevailed  on  board  the  Sally,  another 
ship  in  which  he  sailed.  One  of  the  seamen  had  both  legs  in  irons,  and  a  col 
lar  about  his  neck,  and  was  chained  to  the  boat  for  three  months,  and  very  often 
inhumanly  beaten  for  complaining  of  his  situation,  both  by  the  captain  and 
other  officers.  At  last  he  became  so  weak  that  he  could  not  sit  upon  the 
thwart  or  seat  of  the  boat  to  row,  or  do  anything  else.  They  then  put  him 
out  of  the  boat,  and  made  him  pick  oakum  on  board  the  ship,  with  only  three 
pounds  of  bread  a  week,  and  half  a  pound  of  salt  beef  per  day.  He  remain 
ed  in  that  situation,  with  both  his  legs  in  irons,  but  the  latter  part  of  the  time 
without  a  collar.  One  evening  he  came  aft,  during  the  middle  passage,  to  beg 
something  to  eat,  or  he  should  die.  The  captain  on  this  inhumanly  beat  him, 
and  used  a  great  number  of  reproaches,  and  ordered  him  to  go  forward,  and 
die  and  be  damned.  The  man  died  in  the  night.  The  ill  treatment  on  board 
the  Sally  was  general. 

As  another  particular  instance,  a  landsman,  one  Edw.  Hilton,  was  in  the  boat 
watering,  and  complained  of  his  being  long  in  the  boat  without  meat  or  drink. 
The  boatswain,  being  the  officer,  beat  him  with  the  boat's  tiller,  having  nothing 
else,  and  cut  his  head  in  several  places,  so  that  when  he  came  on  board  he  was 
all  over  blood.  Mr.  Towne  asked  him  the  reason  of  it.  Hilton  began  to  tell 
him,  but  before  he  could  properly  tell  the  story,  the  mate  came  forward,  (by 
order  of  the  captain)  the  surgeon  and  the  boatswain,  and  all  of  them  together 
fell  to  beating  him  with  their  canes.  The  surgeon  struck  him  on  the  side  of 
his  eye,  so  that  it  afterwards  mortified,  and  was  lost.  He  immediately  had  both 
his  legs  put  in  irons,  after  he  had  been  so  beat  that  he  could  not  stand.  The 
next  morning  he  was  put  into  the  boat  on  the  same  duty  as  before,  still  remain 
ing  with  both  legs  in  irons,  and  locked  with  a  chain  to  the  boat,  until  such 
time  as  he  became  so  weak  that  he  was  not  able  to  remain  any  longer  there. 
He  was  then  put  on  board  the  ship,  and  laid  forwards,  still  in  irons,  very  ill. 
His  allowance  was  immediately  stopped,  as  it  was  the  surgeon's  opinion  it  was 
the  only  method  of  curing  any  one  of  them  who  complained  of  illness.  He 
remained  in  that  situation,  after  being  taken  out  of  the  boat,  for  some  weeks 
after.  During  this  time,  Mr.  Towne  was  obliged  to  go  to  Junk  River,  and 
on  his  return  he  inquired  for  Hilton,  and  was  told  that  he  was  lying  before  the 
foremast,  almost  dead.  He  went  and  spoke  to  him,  but  Hilton  seemed  insen 
sible.  The  same  day  Mr.  Towne  received  his  orders  to  go  a  second  time  in 
the  shallop  to  Junk  River.  After  he  had  gotten  under  weigh,  the  commander 


140  AFRICAN  SLAVE  TRADE. 

of  the  shallop  was  ordered  to  bring  to,  and  take  Hilton  in,  and  leave  him  on 
Bhore  any  where.  He  lived  that  evening  and  night  out,  and  died  early  the 
next  morning,  and  was  thrown  overboard  off  Cape  Mesurado. 

Mr.  Falconbridge,  being  called  upon  also  to  speak  to  the  ill  usage  of  sea 
men,  said  that  on  board  the  Alexander,  Captain  M'Taggart,  he  has  seen  them 
tied  up  and  flogged  with  the  cat  frequently.  He  remembers  also  an  instance 
of  an  old  man,  who  was  boatswain  of  the  Alexander,  having  one  night  some 
words  with  the  mate,  when  the  boatswain  was  severely  beaten,  and  had  one  or 
two  of  his  teeth  knocked  out.  The  boatswain  said  he  would  jump  overboard; 
upon  whicli  he  was  tied  to  the  rail  of  the  quarter-deck,  and  a  pump-bolt  put 
into  his  mouth  by  way  of  gagging  him.  He  was  then  untied,  put  under  the 
half- deck,  and  a  sentinel  put  over  him  all  night — in  the  morning  he  was  re 
leased.  Mr.  Falconbridge  always  considered  him  as  a  quiet,  inoffensive  man. 
In  the  same  voyage  a  black  boy  was  beaten  every  day,  and  one  day,  after  he 
was  so  beaten,  he  jumped  through  one  of  the  gun-ports  of  the  cabin  into  the 
river.  A  canoe  was  lying  alongside,  which  dropped  astern  and  picked  him  up. 
Mr.  Falconbridge  gave  him  one  of  his  own  shirts  to  put  on,  and  asked  him  if 
he  did  not  expect  to  be  devoured  by  the  sharks.  The  boy  said  he  did,  and 
that  it  would  be  much  better  for  him  to  be  killed  at  once,  than  to  be  daily 
treated  with  so  much  cruelty. 

Mr.  Falconbridge  remembers  also,  on  board  the  same  ship,  that  the  black 
cook  one  day  broke  a  plate.  For  this  he  had  a  fish-gig  darted  at  him,  which 
would  certainly  have  destroyed  him  if  he  had  not  stooped  or  dropped  down. 
At  another  time  also,  the  carpenter's  mate  had  let  his  pitch-pot  catch  fire. 
He  and  the  cook  were  accordingly  both  tied  up,  stripped  and  flogged,  but  the 
cook  with  the  greatest  severity.  After  that  the  cook  had  salt  water  and  cay 
enne  pepper  rubbed  upon  his  back.  A  man  also  came  on  board  at  Bonny, 
belonging  to  a  little  ship,  (Mr.  Falconbridge  believes  the  captain's  name  was 
Dodson,  of  Liverpool,)  which  had  been  overset  at  New  Calabar.  This  man, 
when  he  came  on  board,  was  in  a  convalescent  state.  He  was  severely  beaten 
one  night,  but  for  what  cause  Mr.  Falconbridge  knows  not,  upon  which  he 
came  to  Mr.  Falconbridge  for  something  to  rub  his  back  with.  Mr.  Falcon- 
bridge  was  told  by  the  captain  not  to  give  him  any  thing,  and  the  man  was 
desired  to  go  forward.  He  went  accordingly,  and  lay  under  the  forecastle. 
Mr.  Falconbridge  visited  him  very  often,  at  which  times  he  complained  of  his 
bruises.  He  died  in  about  three  weeks  from  the  time  he  was  beaten.  The 
last  words  he  ever  spoke  were,  after  shedding  tears,  "I  cannot  punish  him," 
meaning  the  captain,  "but  God  will."  These  are  the  most  remarkable  in 
stances  which  Mr.  Falconbridge  recollects.  He  says,  however,  that  the  ill 
treatment  was  so  general,  that  only  three  in  this  ship  escaped  being  beaten  out 
of  fifty  persons. 

To  these  instances,  which  fell  under  the  eyes  of  the  witnesses  now  cited,  we 
may  add  the  observations  of  a  gentleman  who,  though  never  in  the  slave-trade, 
had  yet  great  opportunities  of  obtaining  information  upon  this  subject,  Sir 
George  Young  remarks,  that  those  seamen  whom  he  saw  in  the  slave-trade, 


TREATMENT   OF  THE   SEAMEN.  141 

while  on  the  coast  in  a  man-of-war,  complained  of  their  ill  treatment,  bad  feed 
ing,  and  cruel  usage.  They  all  wanted  to  enter  on  board  his  ship.  It  was  like 
wise  the  custom  for  the  seamen  of  every  ship  he  saw  at  a  distance,  to  come  on 
board  him  with  their  boats  ;  most  of  them  quite  naked,  and  threatening  to  turn 
pirates  if  he  did  not  take  them.  This  they  told  him  openly.  He  is  persuaded, 
if  he  had  given  them  encouragement,  and  had  had  a  ship-of-the-line  to  have 
manned,  he  could  have  done  it  in  a  very  short  time,  for  they  would  all  have  left 
their  ships.  He  has  also  received  several  seamen  on  board  his  ship  from  the 
woods,  where  they  had  no  subsistence,  but  to  which  they  had  fled  for  refuge 
from  their  respective  vessels. 

That  the  above  are  not  the  only  instances  of  barbarity  contained  in  the  evi 
dence,  and  that  this  barbarous  usage  was  peculiar  to,  or  springing  out  of  the 
very  nature  of  the  trade  in  slaves,  may  be  insisted  on  the  following  accounts  : 

Captain  Thompson  concludes  from  the  many  complaints  he  received  from 
seamen,  while  on  the  coast,  that  they  are  far  from  being  well  treated  on  board 
the  slave-ships.  One  Bowden  swam  from  the  Fisher,  of  Liverpool,  Captain 
Kendal,  to  the  Nautilus,  amidst  a  number  of  sharks,  to  claim  his  protection. 
Kendal  wrote  for  the  man,  who  refused  to  return,  saying  his  life  would  be  en 
dangered.  He  therefore  kept  him  in  the  Nautilus  till  she  was  paid  off,  and 
found  him  a  diligent,  willing,  active  seaman.  Several  of  the  crew,  he  thinks, 
of  the  Brothers,  of  Liverpool,  Captain  Clark,  swam  towards  the  Nautilus, 
when  passing  by.  Two  only  reached  her.  The  rest,  he  believes,  regained 
their  own  ship.  The  majority  of  the  crew  had  the  day  before  come  on  board 
the  Nautilus,  in  a  boat,  to  complain  of  ill  usage,  but  he  had  returned  them 
with  an  officer  to  inquire  into  and  redress  their  complaints.  He  received  many 
letters  from  seamen  in  slave-ships,  complaining  of  ill  usage,  and  desiring  him 
to  protect  them,  or  take  them  on  board.  He  is  inclined  to  think  that  ships 
trading  in  the  produce  of  Africa,  are  not  so  ill  used  as  those  in  the  slave-ships. 
Several  of  his  own  officers  gave  him  the  best  accounts  of  the  treatment  in  the 
Iris,  a  vessel  trading  for  wood,  gums,  and  ivory,  near  which  the  Nautilus  lay 
for  some  weeks. 

Lieutenant  Simpson  says  that  on  his  first  voyage,  when  lying  at  Fort  Appo- 
lonia,  the  Fly  Guineaman  was  in  the  roads.  On  the  return  of  the  Adventure's 
boat  from  the  fort,  they  were  hailed  by  some  seamen  belonging  to  the  Fly,  re 
questing  that  they  might  be  taken  from  on  board  the  Guiueaman,  and  put  on 
board  the  man-of-war,  for  that  their  treatment  was  such  as  to  make  their  lives 
miserable.  The  boat,  by  the  direction  of  Captain  Parry,  was  sent  to  the  Fly, 
and  one  or  two  men  were  brought  on  board  him.  In  his  second  voyage,  he  re 
collects  that  on  first  seeing  the  Albion  Guineaman,  she  carried  a  press  of  sail, 
seemingly  to  avoid  them,  but  finding  it  impracticable,  she  spoke  them  ;  the  day 
after  which  the  captain  of  the  Albion  brought  a  seaman  on  board  the  Adven 
ture,  whom  he  wished  to  be  left  there,  complaining  that  he  was  a  very  riotous 
and  disorderly  man.  The  man,  on  the  contrary,  proved  very  peaceable  and 
well-behaved,  nor  was  there  one  single  instance  of  his  conduct  from  which  he 
could  suppose  he  merited  the  character  given  him.  He  seemed  to  rejoice  at 


112  AFRICAN   SLAVE  TRADE. 

quitting  the  Albion,  and  informed  Mr.  Simpson  that  he  was  cruelly  beaten  both 
by  the  captain  and  surgeon ;  that  he  was  half  starved ;  and  that  the  surgeon 
neglected  the  sick  seamen,  alleging  that  he  was  only  paid  for  attending  the 
slaves.  He  also  informed  Mr.  Simpson  that  their  allowance  of  provisions  was 
increased,  and  their  treatment  somewhat  better  when  a  man-of-war  was  on  the 
coast.  He  recollects  another  instance  of  a  seaman,  with  a  leg  shockingly  ul 
cerated,  requesting  a  passage  in  the  Adventure  to  England ;  alleging  that  he 
was  left  behind  from  a  Guineaman.  He  alleged  various  instances  of  ill  treat 
ment  he  had  received,  and  confirmed  the  account  of  the  sailor  of  the  Albion, 
that  their  allowonce  of  provisions  was  increased,  and  treatment  better,  when  a 
man-of-war  was  on  the  coast.  During  Mr.  Simpson's  stay  at  Cape  Coast  Cas 
tle,  the  Adventure's  boat  was  sent  to  Annamaboe  to  the  Spy  Guineaman ;  on 
her  return,  three  men  were  concealed  under  her  sails,  who  had  left  the  slave- 
ship  ;  they  complained  that  their  treatment  was  so  bad  that  their  lives  were 
miserable  on  board — beaten  and  half  starved.  There  were  various  other  in 
stances  which  escaped  his  memory.  Mr.  Simpson  says,  however,  that  he  has 
never  heard  any  complaints  from  West  Indiamen,  or  other  merchant  ships ;  on 
the  contrary,  they  wished  to  avoid  a  man-of-war ;  whereas,  if  the  captain  of  the 
Adventure  had  listened  to  all  the  complaints  made  to  him  from  sailors  of  slave- 
ships,  and  removed  them,  he  must  have  greatly  distressed  the  African  trade. 

Captain  Hall,  of  the  navy,  speaking  on  the  same  subject,  asserts  that  as  to 
peculiar  modes  of  punishment  adopted  in  Guinearnen,  he  once  saw  a  man 
chained  by  the  neck  in  the  main  top  of  a  slave-ship,  when  passing  under  the 
stern  of  His  Majesty's  ship  Crescent,  in  Kingston-Bay,  St.  Vincent's ;  and  was 
told  by  part  of  the  crew,  taken  out  of  the  ship,  at  their  own  request,  that  the 
man  had  been  there  one  hundred  and  twenty  days.  He  says  he  has  great  rea 
son  to  believe  that  in  no  trade  are  seamen  so  badly  treated  as  in  the  slave- 
trade,  from  their  always  flying  to  men-of-war  for  redress,  and  whenever  they 
came  within  reach ;  whereas  men  from  West  Indian  or  other  trades  seldom  ap 
ply  to  a  ship-of-war. 

The  last  witness  it  will  be  necessary  to  cite  is  the  Rev.  Mr.  Newton.  This 
gentleman  agrees  in  the  ill  usage  of  the  seamen  alluded  to,  and  believes  that 
the  slave-trade  itself  is  a  great  cause  of  it,  for  he  thinks  that  the  real  or  sup 
posed  necessity  of  treating  the  negroes  with  rigor  gradually  brings  a  numbness 
upon  the  heart,  and  renders  most  of  those  who  are  engaged  in  it  too  indiffer 
ent  to  the  sufferings  of  their  fellow-creatures.  If  it  should  be  asked  how  it 
happened  that  seamen  entered  for  slave- vessels,  when  such  general  ill  usage 
there  could  hardly  fail  of  being  known,  the  reply  must  be  taken  from  the  evi 
dence,  "that  whereas  some  of  them  enter  voluntarily,  the  greater  part  of  them 
are  trepanned,  for  that  it  is  the  business  of  certain  landlords  to  make  them  in 
toxicated,  and  get  them  into  debt,  after  which  their  only  alternative  is  a  Guin 
eaman  or  a  gaol." 


SLAVERY  LN  WEST  INDIES.  143 

CHAPTER     XI. 

SLAVERY  IN  THE  WEST  INDIES,  1150  TO  1790. 

Abstract  of  Evidence  continued. — Slavery  in  the  West  Indies  from  1750  to  1790. — Gen 
eral  estimation  and  treatment  of  the  Slaves. — Labor  of  Plantation  Slaves — their  days 
of  rest,  food,  clothing,  property. — Ordinary  pnnishment  by  the  whip  and  cowskin. — 
Frequency  and  severity  of  these  Punishments. — Extraordinary  Punishments  of  vari 
ous  kinds,  for  nominal  offenses. — Capital  offenses  and  Punishments. — Slaves  turned 
off  to  steal,  beg,  or  starve,  when  incapable  of  labor. — Slaves  had  little  or  no  redress 
against  ill  usage. 


HE  natives  of  Africa,  when  bought  by  European  colonists,  are  generally 
esteemed,  says  Dr.  Jackson,  a  species  of  inferior  beings,  whom  the  right  of 
purchase  gives  the  owner  a  power  of  using  at  his  will.  Consistently  with  this 
definition,  we  find  the  evidence  asserting,  with  one  voice,  that  they  "have  no 
legal  protection  against  their  masters,"  and  of  course,  that  "their  treatment 
varies  according  to  the  disposition  of  their  masters."  If  their  masters  be  good 
men,  says  the  Dean  of  Middleham,  they  are  well  off,  but  if  not,  they  suffer. 
The  general  treatment,  however,  is  described  to  be  very  severe.  Some  speak 
more  moderately  than  others  upon  it,  but  all  concur  in  the  general  usage  as 
being  bad.  Mr.  Woolrich,  examined  on  this  point,  says  that  he  never  knew 
the  best  master  in  the  West  Indies  use  his  slaves  so  well  as  the  worst  master 
his  servants  in  England ;  that  their  state  is  inconceivable ;  that  it  cannot  be 
described  to  the  full  understanding  of  those  who  have  never  seen  it,  and  that 
a  sight  of  some  gangs  would  convince  more  than  all  words.  Others,  again, 
make  use  of  the  words,  "  used  with  great  cruelty, — like  beasts,  or  worse ;  "  and 
the  Dean  of  Middleham,  after  balancing  in  his  mind  ull  his  knowledge  upon 
this  subject,  cannot  say,  (setting  aside  on  one  hand  particular  instances  of 
great  severity,  and  on  the  other  hand  particular  instances  of  great  humanity,) 
that  treatment  altogether  humane  and  proper  was  the  lot  of  such  as  he  had 
either  observed  or  heard  of. 

To  come  to  a  more  particular  description  of  their  treatment,  it  will  be 
proper  to  divide  them  into  different  classes.  The  first  may  be  said  to  consist 
of  those  who  are  bought  for  the  plantation  use.  These  are  artificers  of  various 
descriptions,  and  the  field  slaves.  The  second  consists  of  what  may  be  termed 
in-or-out-door  slaves.  The  former  are  domestics,  both  in  town  and  country, 
and  the  latter,  porters,  fishermen,  boatmen,  and  the  like. 

The;  field-slaves,  whose  case  is  the  first  to  be  considered,  are  called  out  by 
day-light  to  their  work.  For  this  purpose  the  shell  blows,  and  they  hurry  into 
the  field.  If  they  are  not  there  in  time,  they  are  flogged.  When  put  to  their 
work,  they  perform  it  in  rows,  and,  without  exception,  under  the  whip  of  dri 
vers,  a  certain  number  of  whom  are  allotted  to  each  gang.  By  these  means, 
the  weak  arc  made  to  keep  up  with  the  strong.  Mr.  Fitzmaurice  is  sorry  to 
say,  that  from  this  cause  many  of  them  are  hurried  to  the  grave  ;  as  the  able, 
even  if  placed  with  the  weakly  to  bring  them  up,  will  leave  them  behind,  and 
then  the  weakly  are  generally  flogged  up  by  the  driver.  This,  however,  is  i.  <•• 


144  SLAVERY  IN  WEST  INDIES. 

mode  of  their  labor.  As  to  the  time  of  it,  they  begin,  as  before  said,  at  day 
light,  and  continue,  with  two  intermissions,  (one  for  half  an  hour  in  the  morn 
ing,  and  the  other  for  two  hours  at  noon,)  till  sun-set. 

The  above  description,  however,  does  not  include  the  whole  of  their  opera 
tions  for  the  day,  for  it  is  expected  that  they  shall  range  about  and  pick  grass 
for  the  cattle.  It  is  clear,  from  the  different  evidences,  that  the  custom  of 
grass-picking  varies,  as  to  the  time  in  which  it  is  to  be  done,  on  different 
estates,  for  on  some  it  is  to  be  done  within  the  intervals  of  rest  said  to  be 
allowed  at  noon,  and  on  others  after  the  labor  of  the  day.  It  is  complained 
of,  however,  in  either  case,  as  a  great  grievance,  as  it  lengthens  the  time  of 
work ;  as  also,  because,  particularly  in  droughts,  it  is  very  difficult  to  find  grass 
at  all,  and  because,  if  they  do  not  bring  it  in  sufficient  quantities,  they  are 
punished.  Grass-picking,  says  Captain  Smith,  is  one  of  the  most  frequent 
causes  of  punishment.  He  has  seen  some  flogged  for  not  getting  so  great  a 
quantity  of  it  as  others,  and  that  at  a  time  when  he  has  thought  it  impossible 
they  could  have  gotten  half  the  quantity,  having  been  upon  the  spot. 

It  is  impossible  to  pass  over  in  silence  the  almost  total  want  of  indulgence 
which  the  women  slaves  frequently  experience  during  the  operations  in  the 
field.  It  is  asserted  by  Dalrymple,  that  the  drivers,  in  using  their  whip,  never 
distinguish  sex. 

The  above  accounts  of  the  mode  and  duration  of  the  labor  of  the  field  slaves, 
are  confined  to  that  season  of  the  year  which  is  termed  "out  of  crop,"  or  the 
time  in  which  they  are  preparing  the  lands  for  the  crop.  In  the  crop  season, 
however,  the  labor  is  of  much  longer  duration.  Weakly  handed  estates,  says 
Mr.  Fitzmaarice,  which  are  far  the  most  numerous,  form  their  negroes  in  crop 
into  two  spells,  which  generally  change  at  twelve  at  noon,  and  twelve  at  night. 
The  boilers  and  others  about  the  works,  relieved  at  twelve  at  noon,  cut  canes 
from  shell  blow  (half-past  one)  till  dark',  when  they  carry  cane-tops  or  grass 
to  the  cattle  pens,  and  then  they  may  rest  till  twelve  at  night,  when  they  re 
lieve  the  spell  in  the  boiling-house,  by  which  they  themselves  had  been  relieved 
at  twelve  in  the  day.  On  all  the  estates  the  boiling  goes  on  night  and  day  with 
out  intermission ;  but  full-handed  estates  have  three  spells,  and  intermissions 
accordingly. 

Mr.  Dalrymple,  speaking  also  of  their  labor  in  time  of  crop,  says  they  are 
obliged  to  work  as  long  as  they  can,  which  is  as  long  as  they  can  keep  awake 
or  stand  on  their  legs.  Sometimes  they  fall  asleep,  through  excess  of  fatigue, 
when  their  arms  are  caught  in  the  mill  and  torn  off.  He  saw  several  who  had 
lost  their  arms  in  that  way.  Mr.  Cook  states,  on  the  same  subject,  that  in 
crop  time  they  work  in  general  about  eighteen  hours  out  of  the  twenty-four, 
and  are  often  hurt  through  mere  fatigue  and  want  of  sleep.  He  knew  a  girl 
lose  her  hand  by  the  mill,  while  feeding  it,  for  being  overcome  by  sleep,  she 
dropped  against  the  rollers.  He  has  heard  of  several  instances  of  this  kind. 

To  this  account  of  the  labor  of  the  slaves,  both  in  and  out  of  crop,  it  ap 
pears  by  the  evidence  they  have  Sunday  and  Saturday  afternoon  out  of  crop, 
to  themselves,  that  is,  to  cultivate  their  own  grounds  for  their  support ;  on 


ABSTRACT  OF  EVIDENCE.  145 

others,  Sunday  only ;  and  on  others,  Sunday  only  in  part,  for  some  people, 
says  the  Dean  of  Middleham,  required  grass  for  the  cattle  on  Sundays  to  be 
gathered  twice  in  the  day ;  and  Lieutenant  Davison  says  he  has  known  them 
forced  to  work  on  Sundays  for  their  masters.  It  appears  again,  that  in  crop, 
on  no  estates,  have  they  more  than  Sunday  for  the  cultivation  of  their  lands. 
The  Dean  of  Middleham  has  known  them  continue  boiling  the  sugar  till  late 
on  Saturday  night,  and  in  one  instance  remembers  it  to  have  been  protracted 
till  sun-rise  on  Sunday  morning:  and  the  care  afterwards  of  setting  up  the 
sugar-jars  must  have  required  several  hours. 

The  point  which  may  be  considered  next,  is  that  of  the  slaves'  food. 
This  appears  by  the  evidence  to  be  subject  to  no  rale.  On  some  estates  they 
are  allowed  land,  which  they  cultivate  for  themselves  at  the  times  mentioned 
above,  but  they  have  no  provisions  allowed  them,  except  perhaps  a  small  pres 
ent  of  salt  fish  or  beef,  or  salt  pork,  at  Christmas.  On  others  they  are  allowed 
provisions,  but  no  land :  on  others  again,  they  are  allowed  land  and  provisions 
jointly.  Without  enumerating  the  different  rations  mentioned  to  be  allowed 
them  by  the  different  witnesses,  it  may  be  sufficient  to  take  the  highest.  The 
best  allowance  is  evidently  at  Barbadoes,  and  the  following  is  the  account  of  it. 
The  slaves  in  general,  says  General  Tottenham,  appeared  to  be  ill-fed ;  each 
slave  had  a  pint  of  grain  for  twenty-four  hours,  and  sometimes  half  a  rotten 
herring,  when  to  be  had.  When  the  herrings  were  unfit  for  the  whites,  they 
were  bought  up  by  the  planters  for  the  slaves.  Mr.  Davis  says  that  on  those 
estates  in  Barbadoes,  where  he  has  seen  the  slaves'  allowance  dealt  out,  a 
grown  negro  had  nine  pints  of  corn,  and  about  one  pound  of  salt  fish  a  week, 
but  the  grain  of  the  West  Indies  is  much  lighter  than  wheat.  He  is  of  opin 
ion  that  in  general  they  were  too  sparingly  fed.  The  Dean  of  Middleham  also 
mentions  nine  pints  per  week  as  the  quantity  given,  but  that  he  has  known 
masters  abridge  it  in  the  time  of  crop.  This  is  the  greatest  allowance  mentioned 
throughout  the  whole  of  the  evidence,  and  this  is  one  of  the  cases  in  which  the 
slaves  had  provisions  but  no  land.  Where,  on  the  other  hand,  they  have  land 
and  no  provisions,  all  the  witnesses  agree  that  it  is  quite  ample  for  their  sup 
port,  but  that  they  have  not  sufficient  time  to  cultivate  it.  Their  lands,  too, 
are  often  at  the  distance  of  three  miles  from  their  houses,  and  Mr.  Giles  thinks 
the  slaves  were  often  so  fatigued  by  the  labor  of  the  week,  as  scarcely  to  be 
capable  of  working  on  them  on  Sunday  for  their  own  use.  It  is  also  mention 
ed  as  a  great  hardship,  that  often  when  they  had  cleared  these  lands,  their 
master  has  taken  them  away  for  canes,  giving  them  new  wood-land  in  their 
stead,  to  be  cleared  afresh.  This  circumstance,  together  with  the  removal  of 
their  houses,  many  of  them  have  so  taken  to  heart  as  to  have  died. 

Whether  or  not  their  food  may  be  considered  as  sufficient  in  general  for 
their  support,  may  be  better  seen  from  the  following  than  the  preceding  ac 
count.  Mr.  Cook  says  that  they  have  not  sufficient  food.  He  has  known  them 
to  eat  the  putrid  carcasses  of  animals,  and  is  convinced  they  did  it  through 
want.  Mr.  J.  Terry  has  known  them,  on  estates  where  they  have  been  worse 
fed  than  on  others,  eat  the  putrid  carcasses  of  animals  also.  Dead  mules, 
10 


14G  SLAVERY  IN  WEST  INDIES. 

horses,  and  cows,  says  Mr.  Coor,  were  all  burned  under  the  inspection  of  a 
white  man.  Had  they  been  buried,  the  negroes  would  have  dug  them  up  in 
the  night  to  eat  them  through  hunger.  It  was  generally  said  to  be  done  to 
prevent  the  negroes  from  eating  them,  lest  it  should  breed  distempers. 

On  the  subject  of  their  clothing,  there  is  the  same  variation  as  to  quantity 
as  in  their  food.  It  depends  on  the  disposition  and  circumstances  of  their 
masters.  The  largest  allowance  in  the  evidence  is  that  which  is  mentioned  by 
Dr.  Harrison.  The  men,  he  says,  at  Christmas,  are  allowed  two  frocks,  and 
two  pair  of  Osnaburgh  trowsers,  and  the  women  two  coats  and  two  shifts 
apiece.  Some  also  have  two  handkerchiefs  for  the  head.  They  have  no  other 
clothes  than  these,  except  they  get  them  by  their  own  extra  labor.  Woolrich 
and  Coor  agree,  that  as  far  as  their  experience  went,  the  masters  did  not  ex 
pend  for  the  clothing  of  their  slaves  more  than  half  a  crown  or  three  shillings 
a  year ;  and  Cook  says  that  they  are  in  general  but  very  indifferently  clothed, 
and  that  one-half  of  them  go  almost  naked  in  the  field. 

With  respect  to  their  houses  and  lodging,  the  accounts  of  the  three  follow 
ing  gentlemen  will  suffice : 

Mr.  Woolrich  states  their  houses  to  be  small,  square  huts,  built  with  poles, 
and  thatched  at  the  top  and  sides  with  a  kind  of  bamboo,  and  built  by  the 
slaves  themselves.  He  describes  them  as  lying  in  the  middle  of  these  huts 
before  a  small  fire,  but  to  have  no  bedding.  Some,  he  says,  obtain  a  board  or 
mat  to  lie  on  before  the  fire.  A  few  of  the  head-slaves  have  cabins  of  boards 
raised  from  the  floor,  but  no  bedding,  except  some,  who  have  a  coarse  blanket. 
The  Rev.  Mr.  Rees,  in  describing  their  houses  nearly  in  the  same  manner, 
observes  that  their  furniture  consists  of  stools  and  benches,  that  they  had  no 
beds  or  bedding  in  the  houses  he  was  in,  but  that  some  of  them  slept  on  the 
ground,  and  others  on  a  board  raised  from  it.  Some  of  the  new  slaves,  says 
Dr.  Harrison,  have  a  few  blankets,  but  it  is  not  the  general  practice :  for  in 
general  they  have  no  bedding  at  all. 

Of  the  property  of  the  field-slaves,  the  next  article  to  be  considered,  the 
following  testimony  will  give  a  sufficient  illustration  : 

Many  field-slaves,  says  Mr.  Woolrich,  have  it  not  in  their  power  to  earn 
any  thing,  exclusive  of  their  master's  work.  Some  few  raise  fowls,  and  some 
few  pigs,  and  sell  them,  but  their  number  is  very  few.  Mr.  Dalrymple  docs 
not  say  that  slaves  never  become  possessed  of  much  property,  but  he  never 
knew  an  instance  of  it,  nor  can  he  conceive  how  they  can  have  time  for  it. 
The  Dean  of  Middle-ham  observes,  that  the  quantity  of  ground  allowed  to 
field -slaves  for  raising  provisions  does  not  admit  of  their  frequently  possessing 
any  considerable  property.  It  is  not  likely  they  can  spare  much  of  their  pro 
duce  for  sale.  Sometimes  they  possess  a  pig,  and  two  or  three  fowls,  and  if 
they  have  also  a  few  plantain  trees,  these  may  be  the  means  of  supplying  them 
with  knives,  iron  pots,  and  such  other  conveniences  as  their  masters  do  not 
allow  them.  The  greatest  property  Mr.  M.  Terry  ever  knew  a  field-slave  to 
possess  was  two  pigs,  and  a  little  poultry.  A  field-slave  has  not  the  means  of 
getting  much  property.  Mr.  J.  Terry  has  known  the  field-slaves  so  poor  as 


ABSTRACT   OF    EVIDENCE.  147 

not  to  be  able  to  have  poultry.  They  were  not  allowed  to  keep  sheep  on  any 
estate  he  knew.  On  some  they  might  keep  two  or  three  goats,  but  very  few 
allowed  it.  Some  keep  pigs  and  poultry,  if  able  to  buy  any. 

To  this  testimony  it  may  be  added,  that  all  the  witnesses,  to  whom  the 
question  has  been  proposed,  agree  in  answering,  that  they  never  knew  or  heard 
of  a  field-slave  ever  amassing  such  a  sum  as  enabled  him  to  purchase  his  own 
freedom. 

With  respect  to  the  artificers,  such  as  house-carpenters,  coopers,  and  masons, 
and  the  drivers  and  head-slaves,  who  form  the  remaining  part  of  the  planta 
tion  slaves,  they  are  described  as  having  in  general  a  more  certain  allowance 
of  provisions,  and  as  being  better  off. 

Having  now  described  the  state  of  the  plantation,  it  will  be  proper  to  say  a 
few  words  on  that  of  the  in-and-out-door  slaves.  The  in-door  slaves,  or  do 
mestics,  are  allowed  by  all  the  witnesses  to  be  better  clothed  and  less  worked 
than  the  others,  and  invariably  to  look  better.  Some,  however,  complain  of 
their  being  much  pinched  for  food. 

With  respect  to  the  out-door  slaves,  several  persons,  who  have  a  few  slaves, 
and  little  work,  allow  them  to  work  out,  and  oblige  them  to  bring  home  three 
or  four  bits  a  day.  The  situation  of  these  is  considered  to  be  very  hard,  for 
they  are  often  unable  to  find  work,  and  to  earn  the  stated  sum,  and  yet,  if  they 
fail,  they  are  severely  punished.  Mr.  Clappeson  has  known  them  steal  grass, 
and  sell  it,  to  make  up  the  sum  required. 

In  this  description  may  be  ranked  such  as  follow  the  occupation  of  porters. 
These  are  allowed  to  work  out,  and  at  the  end  of  the  week  obliged  to  bring 
home  to  their  masters  a  certain  weekly  sum.  Their  situation  is  much  aggra 
vated  by  having  no  fixed  rates.  If,  says  Foster,  on  being  offered  too  little  for 
their  work  they  remonstrate,  they  are  often  beaten,  and  receive  nothing,  and 
should  they  refuse  the  next  call  from  the  same  person,  they  are  summoned 
before  a  magistrate,  and  punished  on  the  parade  for  the  refusal,  and  he  has 
known  them  so  punished. 

Having  now  described  the  labor,  food,  clothing,  houses,  property,  and  differ 
ent  kinds  of  employment  of  the  plantation,  as  well  as  the  situation  of  the 
in-and-out-door  slaves,  as  far  as  the  evidence  will  warrant,  it  may  be  proper  to 
advert  to  their  punishments  ;  and,  first,  to  those  that  are  inflicted  by  the  cow- 
skin  or  the  whip. 

In  the  towns  many  people  have  their  slaves  flogged  upon  their  own  premises, 
in  which  case  it  is  performed  by  a  man,  who  is  paid  for  it,  and  who  goes  round 
the  town  in  quest  of  the  delinquents.  But  those,  says  Mr.  H.  Ross,  who  do 
not  choose  to  disturb  their  neighbors  with  the  slave  cries,  send  them  to  the 
wharves  or  gaol,  where  they  are  corrected  also  by  persons  paid.  At  other  times 
they  are  whipped  publicly  round  the  town,  and  at  others  tied  down,  or  made 
to  stand  in  some  public  place,  and  receive  it  there.  When  they  are  flogged  on 
the  wharves,  to  which  they  go  for  the  convenience  of  the  cranes  and  weights, 
they  are  described  by  H.  Ross,  Morley,  Jeffreys,  Towne,  and  Captain  Scott, 
to  have  their  arms  tied  to  the  hooks  of  the  crane,  and  weights  of  fifty-six 


148  SLAVERY    IN    WEST    INDIES. 

pounds  applied  to  their  feet.  In  this  situation  the  crane  is  wound  up,  so  that 
it  lifts  them  nearly  from  the  ground,  and  keeps  them  in  a  stretched  posture, 
when  the  whip  or  cow-skin  is  used.  After  this  they  are  again  whipped,  but 
with  ebony  bushes  (which  are  more  prickly  than  the  thorn  bushes  in  this  coun 
try)  in  order  to  let  out  .the  congealed  blood. 

Respecting  the  whippings  in  gaol  and  round  the  town,  Dr.  Harrison  thought 
them  too  severe  to  be  inflicted  on  any  of  the  human  species.  He  attended  a 
man,  who  had  been  flogged  in  gaol,  who  was  ill  in  consequence  five  or  six 
weeks.  It  was  by  his  master's  order  for  not  coming  when  he  was  called.  He 
could  lay  two  or  three  fingers  in  the  wounds  made  by  the  whip. 

The  punishments  in  the  country  by  means  of  the  whip  and  cow-skin  appear 
to  differ,  except  in  one  instance,  from  those  which  have  been  mentioned  of  the 
town. 

It  is  usual  for  those,  says  Mr.  Coor,  who  do  not  come  into  the  field  in  time, 
to  be  punished.  In  this  case  a  few  steps  before  they  join  the  gang  they  throw 
down  the  hoe,  clap  both  hands  on  their  heads,  and  patiently  take  ten,  fifteen, 
or  twenty  lashes. 

There  is  another  mode  described  by  Mr.  Coor.  About  eight  o'clock,  says 
he,  the  overseer  goes  to  breakfast,  and  if  he  has  any  criminals  at  home,  he 
orders  a  black  man  to  follow  him  ;  for  it  is  then  usual  to  take  such  out  of  the 
stocks  and  flog  them  before  the  overseer's  house.  The  method  is  generally 
this  :  The  delinquent  is  stripped  and  tied  on  a  ladder,  his  legs  on  the  sides  and 
his  arms  above  his  head,  and  sometimes  a  rope  is  tied  round  his  middle.  The 
driver  whips  him  on  the  bare  skin,  and  if  the  overseer  thinks  he  does  not  lay  it 
on  hard  enough,  he  sometimes  knocks  him  down  with  his  own  hand,  or  makes 
him  change  places  with  the  delinquent,  and  be  severely  whipped.  Mr.  Coor 
has  known  many  to  receive  on  the  ladder,  from  one  hundred  to  one  hundred 
and  fifty  lashes,  and  some  two  cool  hundreds,  as  they  are  generally  called.  He 
has  known  many  returned  to  confinement,  and  in  one,  two  or  three  days, 
brought  to  the  ladder,  and  receive  the  same  complement,  or  thereabouts,  as 
before.  They  seldom  take  them  off  the  ladder,  until  all  the  skin,  from  the 
hams  to  the  small  of  the  back,  appears  only  raw  flesh  and  blood,  and  then  they 
wash  the  parts  with  salt  pickle.  This  appeared  to  him  from  the  convulsions 
it  occasioned,  more  cruel  than  the  whipping,  but  it  was  done  to  prevent  mor 
tification.  He  has  known  many  after  such  whipping  sent  to  the  field  under 
guard  and  worked  all  day,  with  no  food  but  what  their  friends  might  give  them, 
out  of  their  own  poor  pittance.  He  has  known  them  returned  to  the  stocks  at 
night,  and  worked  next  day,  successively.  This  cruel  whipping,  hard  working, 
and  starving  has,  to  his  knowledge,  made  many  commit  suicide.  He  remem 
bers  fourteen  slaves,  who,  from  bad  treatment,  rebelled  on  a  Sunday,  ran  into 
the  woods,  and  all  cut  their  throats  together. 

The  whip,  says  Woolrich,  is  generally  made  of  plaited  cow-skin,  with  a 
thick  strong  lash.  It  is  so  formidable  an  instrument  in  the  hands  of  some  of 
the  overseers,  that  by  means  of  it  they  can  take  the  skin  off  a  horse's  back. 
He  has  heard  them  boast  of  laying  the  marks  of  it  in  a  deal  board,  and  he  has 


ABSTRACT   OF   EVIDENCE.  149 

seen  it  done.  On  its  application  on  a  slave's  back,  he  has  seen  the  blood  spurt 
out  immediately  on  the  first  stroke. 

Nearly  the  same  account  of  its  construction  is  given  by  other  witnesses, 
and  its  power  and  effects  are  thus  described :  At  every  stroke,  says  Captain 
Smith,  a  piece  of  flesh  was  drawn  out.  Dalrymple  avers  the  same  thing.  It 
will  even  bring  blood  through  the  clothes,  says  J.  Terry;  and  such  is  the 
effusion  of  blood  on  those  occasions,  adds  Fitzmaurice,  as  to  make  their  frocks, 
if  immediately  put  on,  appear  as  stiff  as  buckram ;  and  Coor  observes,  that  at 
his  first  going  to  Jamaica,  a  sight  of  a  common  flogging  would  put  him  in  a 
tremble,  so  that  he  did  not  feel  right  for  the  rest  of  the  day.  It  is  observed 
also  by  Dr.  Harrison  and  the  Dean  of  Middleham,  that  the  incisions  are  some 
times  so  deep  that  you  may  lay  your  fingers  in  the  wounds.  There  are  also 
wheals,  says  Mr.  Coor,  from  their  hams  to  the  small  of  their  backs.  These 
wheals,  cuts,  or  marks,  are  described  by  Captain  Thompson,  Dean  of  Middle- 
ham,  Mr.  Jeffreys,  and  General  Tottenham,  as  indelible,  as  lasting  to  old  age, 
or  as  such  as  no  time  can  erase,  and  Woolrich  has  often  seen  their  backs  one 
undistinguished  mass  of  lumps,  holes,  and  furrows. 

As  farther  proofs  of  the  severity  of  these  punishments  by  the  whip  or  cow- 
skin,  the  following  facts  may  be  adduced.  Duncan  and  Falconbridge  have 
known  them  so  whipped  that  they  could  not  lie  down.  He  knew  also  a  negro 
girl  die  of  a  mortification  of  her  wounds,  two  days  after  the  whipping  had  ta 
ken  place.  A  case  similar  to  the  last  is  also  mentioned  by  Mr.  Rees.  Find 
ing,  one  day  in  his  walks,  a  woman  lying  down  and  groaning,  he  understood 
from  her  that  she  had  been  so  severely  whipped  for  running  away,  that  she  could 
hardly  move  from  the  place  where  she  was.  Her  left  side,  where  she  had  been 
most  whipped,  appeared  in  a  mortifying  state,  and  almost  covered  with  worms. 
He  relieved  her,  as  she  was  hungry,  and  in  a  day  or  two  afterwards,  going  to 
visit  her  again,  found  she  was  dead  and  buried.  To  mention  other  instances  : 
a  planter  flogged  his  driver  to  dpath,  and  even  boasted  of  it  to  the  person  from 
whom  Mr.  Dalrymple  had  the  account.  Captain  Hall  (of  the  navy)  also  knows, 
by  an  instance  that  fell  under  his  eye,  that  a  slave's  death  may  be  occasioned 
by  severe  punishment.  Dr.  Jackson  thinks,  also,  severe  whippings  are  some 
times  the  occasion  of  their  death.  He  recollects  a  negro  dying  under  the  lash, 
or  soon  afterwards ;  and  Captain  Ross  avers  that  they  often  die  in  a  few  days 
after  their  severe  punishments,  for  having  but  little  food,  and  little  care  being 
taken  to  keep  the  sores  clean  after  the  whipping,  their  death  is  often  the  con 
sequence. 

Having  now  collected  what  is  said  on  the  punishments  by  the  whip  and  cow- 
skin,  it  will  be  proper  to  mention  those  other  modes  which  the  evidence 
presents  us.  These,  however,  are  not  easily  subject  to  a  division  from  the  great 
variety  of  their  kinds. 

Captain  Cook,  speaking  of  the  towns,  says  he  has  been  shocked  to  see  a  girl 
of  sixteen  or  seventeen,  a  domestic  slave,  running  in  the  streets  on  her  ordi 
nary  business,  with  an  iron  collar,  having  two  hooks  projecting  several  inches, 
both  before  and  behind. 


150  SLAVERY   IN  WEST  INDIES. 

Captain  Ross,  speaking  of  the  country,  has  known  slaves  severely  punished, 
then  put  into  the  stocks,  a  cattle  chain  of  sixty  or  seventy  pounds  weight  put 
on  them,  and  a  large  collar  about  their  necks,  and  a  weight  of  fifty-six  pounds 
fastened  to  the  chain  when  they  were  drove  a-field. 

Mr.  Cook  states  that,  when  runaway  slaves  are  brought  in,  they  are  gener 
ally  severely  flogged,  and  sometimes  have  an  iron  boot  put  on  one  or  both  legs, 
and  a  chain  or  collar  round  their  necks.  The  chain  is  locked,  the  collar  fas 
tened  on  by  a  rivet.  When  the  collar  is  with  three  projections,  it  is  impossible 
for  them  to  lie  down  to  sleep  ;  even  with  two,  they  must  lie  uneasily.  He  has 
seen  collars  with  four  projections.  He  never  knew  any  injury  from  the  chain 
and  collar,  but  severely  galling  their  necks.  He  has,  however,  known  a  negro 
lose  his  leg  from  wearing  the  iron  boot. 

Mr.  Dalrymple,  in  June,  1789,  saw  a  negress  brought  to  St.  George's,  Gre 
nada,  to  have  her  fingers  cut  off.  She  had  committed  a  fault,  and  ran  away  to 
avoid  punishment ;  but  being  taken,  her  master  suspended  her  by  the  hands, 
flogged  and  cut  her  cruelly  on  the  back,  breast  and  thighs,  and  then  left  her 
suspended  till  her  fingers  mortified.  In  this  state  Mr.  Dalrymple  saw  her  at 
Dr.  Gilpin's  house. 

Captain  Ross  has  seen  a  negro  woman  in  Jamaica  flogged  with  ebony  bushes, 
(much  worse  than  our  own  thorn-bushes)  so  that  the  skin  of  her  back  was  taken 
off,  down  to  her  heels.  She  was  then  turned  round  and  flogged  from  her  breast 
down  to  her  waist,  and  in  consequence  he  saw  her  afterwards  walking  upon  all 
fours,  and  unable  to  get  up. 

Captain  Cook  being  on  a  visit  to  General  Frere,  at  an  estate  of  his  in  Bar- 
badoes,  and  riding  one  morning  with  the  General  and  two  other  officers,  they 
saw,  near  a  house,  upon  a  dunghill,  a  naked  negro,  nearly  suspended,  by  strings 
from  his  elbows  backwards,  to  the  bough  of  a  tree,  with  his  feet  barely  upon  the 
ground,  and  an  iron  weight  round  his  neck,  at  least,  to  appearance,  of  fourteen 
pounds  weight :  and  thus,  without  one  creature  near  him,  or  apparently  near 
the  house,  was  this  wretch  left  exposed  to  the  noon-day  sun.  Returning  a  few 
hours  after,  they  found  him  still  in  the  same  state,  and  would  have  released  him, 
but  for  the  advice  of  General  Frere,  who  had  an  estate  in  the  neighborhood. 
The  gentlemen,  through  disgust,  shortened  their  visit,  and  returned  the  next 
morning. 

Lieutenant  Davison  and  Mr.  Woolrich  mention  the  thumb-screw,  and  Mr. 
Woolrich,  Captain  Ross,  Mr.  Clappeson,  and  Dr.  Harrison  mention  the  picket 
as  instruments  of  punishment.  A  negro  man,  in  Jamaica,  says  Dr.  Harrison, 
was  put  on  the  picket  so  long  as  to  cause  a  mortification  of  his  foot  and  hand, 
on  suspicion  of  robbing  his  master,  a  public  officer,  of  a  sum  of  money,  which, 
it  afterwards  appeared,  the  master  had  taken  himself.  Yet  the  master  was 
privy  to  the  punishment,  and  the  slave  had  no  compensation.  He  was  pun 
ished  by  order  of  the  master,  who  did  not  then  choose  to  make  it  known  that 
he  himself  had  made  use  of  the  money. 

Jeffreys,  Captain  Ross,  M.  Terry,  and  Coor,  mention  the  cutting  off  of  ears, 
as  another  species  of  punishment.  The  last,  gentleman  gives  the  following  in- 


ABSTRACT   OF  EVIDENCE.  151 

stance  in  Jamaica  :  One  of  the  house-girls  having  broken  a  plate,  or  spilt  a 
cup  of  tea,  the  doctor  (with  whom  Mr.  Coor  boarded)  nailed  her  ear  to  a  post. 
Mr.  Coor  remonstrated  with  him  in  vain.  They  went  to  bed,  and  left  her  there. 
In  the  morning  she  was  gone,  having  torn  the  head  of  the  nail  through  her  ear. 
She  was  soon  brought  back,  and  when  Mr.  Coor  came  to  breakfast,  he  found 
she  had  been  severely  whipped  by  the  doctor,  who,  in  his  fury,  clipped  both  her 
ears  off  close  to  her  head,  with  a  pair  of  large  scissors,  and  she  was  sent  to 
pick  seeds  out  of  cotton,  among  three  or  four  more,  emaciated  by  his  cruelties, 
until  they  were  fit  for  nothing  else. 

Mr.  M.  Cook,  while  in  Jamaica,  knew  a  runaway  slave  brought  in,  with  part 
of  a  turkey  with  him,  which  he  had  stolen,  and  which,  Mr.  Cook  thinks,  he  had 
stolen  from  hunger,  as  he  was  nothing  but  skin  and  bone.  His  master  imme 
diately  made  two  negroes  hold  him  down,  and,  with  a  hammer  and  a  punch, 
knocked  out  two  of  his  upper  and  two  of  his  under  teeth. 

Mr.  Dalrymple  was  informed  by  a  young  woman  slave,  in  Grenada,  who  had 
no  teeth,  that  her  mistress  had,  with  her  own  hands,  pulled  them  out,  and  given 
her  a  severe  flogging  besides,  the  marks  of  which  she  then  bore.  This  relation 
was  confirmed  by  several  town's  people  of  whom  he  inquired  concerning  it. 

Mr.  Jeffreys  has  seen  slaves  with  one  of  their  hands  off,  which  he  understood 
to  have  been  cut  off  for  lifting  it  up  against  a  white  man.  Captain  Lloyd  also 
saw  at  Mrs.  Winne's,  at  Maumee  Bay,  in  Jamaica,  a  female  slave  with  but  one 
hand  only,  the  other  having  been  cut  off  for  the  same  offense.  ,  Mrs.  Winne 
had  endeavored  to  prevent  the  amputation,  but  in  vain,  for  her  indented  white 
woman  could  not  be  dissuaded  from  swearing  that  the  slave  had  struck  her,  and 
the  hand  was  accordingly  cut  off. 

Captain  Giles,  Dr.  Jackson,  Mr.  Fitzmaurice,  and  Mr.  M.  Terry,  have  seen 
negroes  whose  legs  had  been  cut  off,  by  their  master's  orders,  for  running  away, 
and  Mr.  Dalrymple  gives  the  following  account:  A  French  planter,  says  he, 
in  the  English  island  of  Grenada,  sent  for  a  surgeon  to  cut  off  the  leg  of  a  ne 
gro  who  had  run  away.  On  the  surgeon's  refusing  to  do  it,  the  planter  took 
an  iron  bar,  and  broke  the  leg  in  pieces,  and  then  the  surgeon  cut  it  off.  This 
planter  did  many  such  acts  of  cruelty,  and  all  with  impunity. 

Mr.  Fitzmaurice  mentions,  among  other  instances  of  cruelty,  that  of  drop 
ping  hot  lead  upon  negroes,  which  he  often  saw  practiced  by  a  planter  of  the 
name  of  Tlushie,  during  his  residence  in  Jamaica. 

Mr.  Hercules  Ross,  hearing  one  day,  in  Jamaica,  from  an  inclosure,  the 
cries  of  some  poor  wretch  under  torture,  he  looked  through,  and  saw  a  young 
female  suspended  by  the  wrists  to  a  tree,  swinging  to  and  fro.  Her  toes 
could  hardly  touch  the  ground,  and  her  body  was  exceedingly  agitated.  The 
sight  rather  confounded  him,  as  there  was  no  whipping,  and  the  master  was 
just  by,  seemingly  motionless ;  but,  on  looking  more  attentively,  he  saw  in  his 
hand  a  stick  of  fire,  which  he  held,  so  as  occasionally  to  touch  her  as  she 
swung.  He  continued  this  torture  with  unmoved  countenance,  until  Mr.  H. 
Ross,  calling  on  him  to  desist,  and  throwing  stones  at  him  over  the  fence, 
stopped  it. 


152  SLAVERY    IN   WEST   INDIES. 

Mr.  Fitzmaurice  once  found  Rushie,  the  Jamaica  planter  before  mentioned, 
in  the  act  of  hanging  a  negro.  Mr.  Fitzmaurice  begged  leave  to  intercede, 
as  he  was  doing  an  action  that  in  a  few  minutes  he  would  repent  of.  Rushie, 
upon  this,  being  a  passionate  man,  ordered  him  off  his  estate.  Mr.  Fitzmau 
rice  accordingly  went,  but  returned  early  the  next  morning,  before  Rushie  was 
up,  and  going  into  the  curing-house,  beheld  the  same  negro  lying  dead  upon  a 
board.  It  was  notorious  that  Rushie  had  killed  many  of  his  negroes,  and 
destroyed  them  so  fast  that  he  was  obliged  to  sell  his  estate.  Captain  Ross 
says,  also,  that  there  was  a  certain  planter  in  the  same  island,  who  had  hanged 
a  negro  on  a  post,  close  to  his  house,  and  in  three  years  destroyed  forty 
negroes  out  of  sixty  by  severity.  The  rest  of  the  conduct  of  this  planter,  as 
described  by  Captain  Ross,  was,  after  a  debate,  canceled  by  the  committee 
of  the  House  of  Commons  who  took  the  evidence,  as  containing  circumstances 
too  horrible  to  be  given  to  the  world.  On  Shrewsbury  estate,'  in  Jamaica, 
says  Mr.  Coor,  the  overseer  sent  for  a  slave,  and  in  talking  with  him,  he  has 
tily  struck  him  on  the  head  with  a  small  hanger,  and  gave  him  two  stabs  about 
the  waist.  The  slave  said,  "Overseer,  you  have  killed  me."  He  pushed  him 
out  of  the  piazza.  The  slave  went  home  and  died  that  night.  He  was  buried 
and  no  more  said  about  it.  A  manager  of  an  estate,  says  Mr.  Woolrich,  in 
Tortola,  whose  owner  did  not  reside  on  the  island,  sitting  at  dinner,  in  a  sud 
den  resentment  at  his  cook,  went  directly  to  his  sword,  and  ran  the  negro 
woman  through  the  body,  and  she  died  upon  the  floor  immediately,  and  the 
negroes  were  called  in  to  take  her  away  and  bury  her. 

Mr.  Giles  recollects  several  shocking  instances  of  punishment.  In  particu 
lar  on  the  estate  where  he  lived,  in  Montserrat,  the  driver  at  day-break  once 
informed  the  overseer  that  one  of  four  or  five  negroes,  chained  in  the  dun 
geon,  would  not  rise.  He  accompanied  the  overseer  to  the  dungeon,  who  set 
the  others  that  were  in  the  chain  to  drag  him  out,  and  not  rising  when  out,  he 
ordered  a  bundle  of  cane-trash  to  be  put  round  him  and  set  fire  to.  As  he 
still  did  not  rise,  he  had  a  small  soldering  iron  heated  and  thrust  between  his 
teeth.  As  the  man  did  not  yet  rise,  he  had  the  chain  taken  off  and  sent  him 
to  the  hospital,  where  he  languished  some  days  and  died. 

An  overseer  on  the  estate  where  Mr.  J.  Terry  was,  in  Grenada,  (Mr.  Cog- 
hlan,)  threw  a  slave  into  the  boiling  cane-juice,  who  died  in  four  days.  Mr. 
J.  Terry  was  told  of  this  by  the  owner's  son,  by  the  carpenter,  and  by  many 
slaves  on  the  estate.  He  has  heard  it  often. 

Mr.  Woolrich  says  a  negro  ran  away  from  a  planter  in  Tortola,  with  whom 
he  was  well  acquainted.  The  overseer  having  ordered  to  take  him,  dead  or 
alive,  a  while  after  found  him  in  one  of  his  huts,  fast  asleep,  in  the  day  time, 
and  shot  him  through  the  body.  The  negro  jumping  up,  said,  "  What,  you 
kill  me  asleep  ?"  and  dropped  dead  immediately.  The  overseer  took  off  his 
head  and  carried  it  to  the  owner.  Mr.  Woolrich  knew  another  instance  in 
the  same  island.  A  planter,  offended  with  his  waiting  man,  a  mulatto,  stepped 
suddenly  to  his  gun,  on  which  the  man  ran  off,  but  his  master  shot  him  through 
the  head  with  a  single  ball. 


ABSTRACT    OF   EVIDENCE.  153 

From  the  above  accounts,  there  are  no  less  than  sixteen  sorts  of  extraordi 
nary  punishments,  which  the  imagination  has  invented  in  the  moments  of  pas 
sion  and  caprice.  It  is  much  to  be  lamented  that  there  are  others  in  the 
evidence  not  yet  mentioned.  But  as  it  is  necessary  to  insert  a  new  head, 
under  which  will  be  explained  the  concern  which  the  very  women  take,  both 
in  the  ordinary  and  extraordinary  punishments  of  the  slaves,  and  as  some  of 
the  latter,  not  yet  mentioned,  are  inseparably  connected  with  it,  it  was  thought . 
proper  to  cite  them  under  this  new  division  rather  than  continue  them  under 
the  old.  It  will  appear  extraordinary  to  the  reader,  that  many  women,  living 
in  the  colonies,  should  not  only  order,  and  often  superintend,  but  sometimes 
actually  inflict,  with  their  own  hands,  some  severe  punishments  upon  theii 
slaves,  and  that  these  should  not  always  be  women  of  a  low  order,  but  often 
of  respectability  and  rank. 

Lieutenant  Davison,  Captain  Smith  and  Dr.  Jackson,  all  agree  that  it  was 
common  for  ladies  of  respectability  and  rank  to  superintend  the  punishments 
of  their  slaves.  Conformably  with  this,  we  find  Dr.  Harrison  stating  to  the 
committee,  that  a  negro,  in  Jamaica,  was  flogged  to  death  by  her  mistress's 
order,  who  stood  by  to  see  the  punishment.  Lieutenant  Davison  also  states, 
that  in  the  same  island  he  has  seen  several  negro  girls  at  work  with  the  needle, 
in  the  presence  of  their  mistresses,  with  a  thumb-screw  on  their  left  thumbs, 
and  he  has  seen  the  blood  gush  out  from  the  ends  of  them.  He  has  also  seen 
a  negro  girl  made  to  kneel  with  her  bare  knees  on  pebbles,  and  to  work  there 
at  the  same  time  ;  a  sort  of  punishment,  he  says,  among  the  domestics,  which 
he  knows  to  be  in  common  use. 

On  the  subject  of  women  becoming  the  executioners  of  their  own  fury,  Dr. 
Jackson  observes,  that  the  first  thing  that  shocked  him  in  Jamaica  was  a  creole 
lady  of  some  consequence,  superintending  the  punishment  of  her  slaves,  male 
and  female,  ordering  the  number  of  lashes,  and,  with  her  own  hands,  flogging 
the  negro  driver  if  he  did  not  punish  properly. 

Capt.  Cook  relates  that  two  young  ladies  of  fortune,  in  Barbadoes,  sisters, 
one  of  whom  was  displeased  at  a  female  slave  belonging  to  the  other,  pro 
ceeded  to  some  very  derogatory  acts  of  cruelty.  With  their  own  garters  they 
tied  the  young  woman  neck  and  heels,  and  then  beat  her  almost  to  death  with 
the  heels  of  their  shoes.  One  of  her  eyes  continued  a  long  while  afterwards 
in  danger  of  being  lost.  They,  after  this,  continued  to  use  her  ill,  confining 
and  degrading  her.  Capt.  Cook  came  in  during  the  beating,  and  was  an  eye 
witness  to  it  himself. 

Lieutenant  Davison  states,  in  his  evidence,  that  the  clergyman's  wife  at  Port 
Koyal,  was  remarkably  cruel.  She  used  to  drop  hot  sealing  wax  on  her 
negroes,  after  flogging  them.  He  was  sent  for  as  surgeon  to  one  of  them, 
whose  breast  was  terribly  burnt  with  sealing  wax.  He  lived  next  door,  he 
states,  also,  to  a  washer-woman  at  Port  Royal,  who  was  almost  continually 
flogging  her  negroes.  He  has  often  gone  in  and  remonstrated  against  her 
cruelty,  when  he  has  seen  the  negro  women  chained  to  the  washing-tubs, 


SLAVERY    IN   WEST   INDIES. 

almost  naked,  with  their  thighs  and  backs  in  a  gore  of  blood,  from  flogging. 
He  could  mention  various  other  capricious  punishments,  if  necessary. 

Mr.  Forster,  examined  on  the  same  subject,  says  he  has  known  a  creole 
woman,  in  Antigua,  drop  hot  sealing  wax  on  a  girl's  back,  after  a  flogging. 
He  and  many  others  saw  a  young  woman  of  fortune  and  character  flogging  a 
negro  man  very  severely  with  her  own  hands.  Many  similar  instances  he 
.  could  relate  if  necessary.  They  are  almost  innumerable  among  the  domestic 
slaves. 

If  it  should  be  asked  for  what  offenses  the  different  punishments  now  cited 
have  taken  place,  the  following  answer  may  be  given  :  The  slaves  appear  to 
have  been  punished,  as  far  as  can  be  ascertained  from  the  evidence  under  the 
head  of  ordina;  ^  punishments,  for  not  coming  into  the  field  in  time,  not  pick 
ing  a  sufficient  quantity  of  grass,  not  appearing  willing  to  work,  when  in  fact 
sick  and  not  able,  for  staying  too  long  on  an  errand,  for  not  coming  immedi 
ately  when  called,  for  not  bringing  home  (the  women)  the  full  weekly  sum 
enjoined  by  their  owners,  for  running  away,  and  for  theft,  to  which  they  were 
often  driven  by  hunger.  Under  the  head  of  "extraordinary  punishments," 
some  appear  to  have  suffered  for  running  away,  or  for  lifting  up  a  hand 
against  a  white  man,  or  for  breaking  a  plate,  or  spilling  a  cup  of  tea,  or  to 
extort  confession.  Others,  again,  in  the  moments  of  sudden  resentment,  and 
one  on  a  diabolical  pretext,  which  the  master  held  out  to  the  world  to  conceal 
his  own  villainy,  and  which  he  knew  to  be  false. 

On  the  subject  of  capital  offenses  and  punishments,  a  man  and  a  woman  slave 
are  mentioned  to  have  been  hanged,  the  man  for  running  away,  and  the  woman 
for  having  secreted  him.  The  Dean  of  Middleham  saw  two  instances  of  slaves 
being  gibbetted  alive  in  chains,  but  he  does  not  say  for  what,  only  that  this  is 
the  punishment  for  enormous  crimes  :  and  Mr.  Jeffreys,  the  only  other  person 
who  speaks  on  this  subject,  says  that  he  was  in  one  of  the  islands,  when  some 
of  the  slaves  murdered  a  white  man,  and  destroyed  some  property  on  the  es 
tate.  The  execution  of  these  he  describes  as  follows  : 

He  was  present,  he  says,  at  the  execution  of  seven  negroes  in  Tobago,  in 
the  year  1774,  whose  right  arms  were  chopped  off:  they  were  then  dragged  to 
seven  stakes,  and  a  fire,  consisting  of  trash  and  dry  wood,  was  lighted  about 
them.  They  were  there  burnt  to  death.  He  does  not  remember  hearing  one 
of  them  murmur,  complain,  cry,  or  do  any  thing  that  indicated  fear.  One  of 
them,  in  particular,  named  Chubb,  was  taken  in  the  woods  that  morning,  was 
tried  about  noon,  and  was  thus  executed  with  the  rest  in  the  evening.  Mr.  Jef 
freys  stood  close  by  Chubb  when  his  arm  was  cut  off.  He  stretched  his  arm 
out,  and  laid  it  upon  the  block,  pulled  up  the  sleeve  of  his  shirt  with  more  cool 
ness  than  he  (Mr.  Jeffreys)  should  have  done,  were  he  to  have  been  bled.  He 
afterwards  would  not  suffer  himself  to  be  dragged  to  the  stake,  as  the  others 
had  been,  but  got  upon  his  feet  and  walked  to  it.  As  he  was  going  to  the 
stake,  he  turned  about,  and  addressed  himself  to  Mr.  Jeffreys,  who  was  stand 
ing  within  two  or  three  yards  of  him,  and  said,  "  Buckra,  you  see  me  now,  but 
to-morrow  I  shall  be  like  that,"  kicking  up  the  dust  with  his  foot,  (Here  Mr. 


ABSTRACT   OF  EVIDENCE.  155 

Jeffreys  solemnly  added,  in  his  evidence,  the  words  "  So  help  me  God.")  The 
impression  this  made  upon  his  mind,  Mr.  Jeffreys  declared,  no  time  could  ever 
erase.  Sampson,  who  made  the  eighth,  and  a  negro,  whose  name  Mr.  Jeffreys 
does  not  recollect,  were  present  at  this  execution.  Sampson,  next  morning, 
was  hung  in  chains  alive,  and  there  he  hung  till  he  was  dead,  which,  to  the  best 
of  his  recollection,  was  seven  days.  The  other  negro  was  sentenced  to  be  sent 
to  the  mines  in  South  America,  and,  he  believes,  was  sent  accordingly.  Nei 
ther  of  those  two,  during  the  time  of  the  execution,  showed  any  marks  of  con 
cern,  or  dismay,  that  he  could  observe.  A  stronger  instance  of  human  forti 
tude,  he  declared,  he  never  saw. 

Having  now  stated  the  substance  of  the  evidence  on  the  subject  of  offenses 
and  punishments,  we  come  to  a  custom  which  appears  to  have  been  too  general 
to  be  passed  over  in  silence. 

Dalrymple,  Forester,  Captain  Smith,  Captain  Wilson,  and  General  Totten 
ham,  assert  that  it  is  no  uncommon  thing  for  persons  to  neglect  and  turn  off 
their  slaves  when  past  labor.  They  are  turned  off,  say  Captain  Wilson,  Lieu 
tenant  Davison,  and  General  Tottenham,  to  plunder,  beg,  or  starve.  Captain 
Cook  has  known  some  to  take  care  of  them  ;  but  says  others  leave  them  to  starve 
and  die.  They  are  often  desired,  when  old,  says  Mr.  Fitzmaurice,  to  provide 
for  themselves,  and  they  suffer  much.  Mr.  Clappeson  knew  a  man  who  had  an 
old,  decrepit  woman  slave,  to  whom  he  would  allow  nothing.  When  past  la 
bor,  the  owner  did  not  feed  them,  says  Giles  ;  and  Cook  states  that,  within  his 
experience,  they  had  no  food  except  what  they  could  get  from  such  relations  as 
they  might  have  had.  General  Tottenham  has  often  met  them,  and,  once  in 
particular,  an  old  woman,  past  labor,  who  told  him  that  her  master  had  set  her 
adrift  to  shift  for  herself.  He  saw  her  about  three  days  afterwards,  lying  dead 
in  the  same  place.  The  custom  of  turning  them  off  when  old  and  helpless  is 
called  in  the  islands  "  Giving  them  free." 

As  a  proof  of  how  little  the  life  of  an  old  slave  was  regarded  in  the  West 
Indies,  we  may  make  the  following  extract  from  the  evidence  of  Mr.  Coor. 
Once,  when  he  was  dining  with  an  overseer,  an  old  woman  who  had  run  away  a 
few  days,  was  brought  home,  with  her  hands  tied  behind.  After  dinner,  the 
overseer,  with  the  clerk,  named  Bakewell,  took  the  woman,  thus  tied,  to  the 
hot-house,  a  place  for  the  sick,  and  where  the  stocks  are  in  one  of  the  rooms. 
Mr.  Coor  went  to  work  in  the  mill,  about  one  hundred  yards  off,  and  hearing  a 
most  distressful  cry  from  that  house,  he  asked  his  men  what  it  was.  They  said 
they  thought  it  was  old  Quasheba.  About  five  o'clock  the  noise  ceased,  and 
about  the  time  he  was  leaving  work,  Bakewell  came  to  him,  apparently  in  great 
spirits,  and  said,  "Well,  Mr.  Coor,  Old  Quasheba  is  dead.  We  took  her  to 
the  stocks-room ;  the  overseer  threw  a  rope  over  the  beam  ;  I  was  Jack  Ketch, 
and  hauled  her  up  till  her  feet  were  off  the  ground.  The  overseer  locked  the 
door,  and  took  the  key  with  him,  till  my  return  just  now,  with  a  slave  for  the 
stocks,  when  I  found  her  dead."  Mr.  Coor  said,  " You  have  killed  her;  I 
heard  her  cry  all  the  afternoon."  He  answered,  "  She  was  good  for  nothing ; 
what  signifies  killing  such  an  old  woman  as  her?"  Mr.  Ooqr  said,  "  Bakewell, 


166  SLAVERY    IN   WEST   INDIES. 

you  shock  me,"  and  left  him.     The  next  morning  his  men  told  him  they  had 
helped  to  bury  her. 

But  it  appears  that  the  aged  are  not  the  only  persons  whose  fate  is  to  be 
commiserated,  when  they  became  of  no  value  ;  for  people  in  youth,  if  disabled, 
were  abandoned  to  equal  misery.  General  Tottenham,  about  three  weeks  before 
the  hurricane,  saw  a  youth,  about  nineteen,  walking  in  the  streets,  in  a  most  de 
plorable  situation,  entirely  naked,  and  with  an  iron  collar  about  his  neck,  with 
five  long  projecting  spikes.  His  body,  before  and  behind,  was  almost  cut  to 
pieces,  and  with  running  sores  all  over  it,  and  you  might  put  your  finger  in 
some  of  the  wheals.  He  could  not  sit  down,  owing  to  his  being  in  a  state  of 
mortification,  and  it  was  impossible  for  him  to  lie  down,  from  the  projection  of 
the  prongs.  The  boy  came  to  the  general  and  asked  relief.  He  was  shocked 
at  his  appearance,  and  asked  him  what  he  had  done  to  suffer  such  a  punishment, 
and  who  inflicted  it.  He  said  it  was  his  master,  who  lived  about  two  miles 
from  town,  and  that  as  he  could  not  work,  he  would  give  him  nothing  to  eat. 

If  it  be  possible  to  view  human  depravity  in  a  worse  light  than  it  has  already 
appeared  in  on  the  subject  of  the  treatment  of  the  slaves  when  disabled  from 
labor,  it  may  be  done  by  referring  to  the  evidence  of  Captain  Lloyd,  who  was 
told  by  a  person  of  veracity,  when  in  the  West  Indies,  but  whom  he  did  not 
wish  to  name  in  his  evidence,  that  it  was  the  practice  of  a  certain  planter  to 
frame  pretenses  for  the  execution  of  his  old  worn  out  slaves,  in  order  to  get  the 
island  allowance.  And  it  was  supposed  that  he  dealt  largely  in  that  way. 

Having  now  cited  both  the  ordinary  and  extraordinary  punishments  inflicted 
upon  the  slaves,  it  may  be  presumed  that  some  one  will  ask  here,  whether,  un 
der  these  various  acts  of  cruelty,  they  were  wholly  without  redress  ?  To  this 
the  following  answer  may  be  given :  That,  with  respect  to  the  ordinary  pun 
ishments  by  the  whip  and  cowskin,  (where  they  did  not  terminate  in  death,)  the 
power  of  the  master  or  overseer  was  under  little  or  no  control. 

As  to  such  of  the  extraordinary  punishments  before  mentioned  as  did  not 
terminate  in  death,  such  as  picketing,  dropping  hot  sealing-wax  on  the  flesh, 
cutting  off  ears,  and  the  like,  it  appears  that  slaves  had  no  redress  whatever, 
for  that  these  actions  also  on  the  part  of  the  masters  were  not  deemed  within 
the  reach  of  the  law.  In  the  instance  cited  of  the  doctor  clipping  off  the  ears 
of  a  female  slave,  no  more  notice  was  taken  of  it,  says  Coor,  than  if  a  dog's 
ears  had  been  cut  off,  though  it  must  have  been  known  to  the  magistrates.  In 
the  dreadful  instance  also  cited  of  a  planter's  breaking  his  slave's  leg  by  an  iron 
bar,  to  induce  the  surgeon  to  cut  it  off,  as  a  punishment,  Mr.  Dalrymple  ob 
serves  that  it  was  not  the  public  opinion  that  any  punishment  was  due  to  him 
on  that  account,  for  though  it  was  generally  known,  he  was  equally  well  re 
ceived  in  society  afterwards  as  before ;  and  in  the  case  also  mentioned  of  the 
owner  torturing  his  female  slave  by  the  application  of  a  lighted  torch  to  her 
body,  Mr.  H.  Ross  states,  only  that  this  owner  was  not  a  man  of  character ; 
with  respect  to  his  suffering  by  the  law,  he  observes  that  he  was  never  brought 
to  any  trial  for  it ;  and  he  did  not  know  that  the  law  then  extended  to  the  pun 
ishment  of  whites  for  such  acts  as  these. 


ABSTRACT   OF   EVIDENCE.  157 

With  respect  to  such  of  the  punishments  as  have  terminated  in  death,  the 
reader  will  be  able  to  collect  what  power  the  masters  and  overseers,  and  what 
protection  the  slaves  have  had  by  law,  from  the  following  accounts : 

There  are  no  less  than  seven  specific  instances  mentioned  in  the  evidence,  in 
which  slaves  died  in  consequence  of  the  whipping  they  received,  and  yet  in 
no  one  of  them  was  the  murderer  brought  to  account.  One  of  the  perpetra 
tors  is  mentioned  by  Mr.  Dalrymple  as  having  boasted  of  what  he  had  done; 
and  Dr.  Jackson  speaks  of  the  other  in  these  words  :  "  No  attempts,  says  he, 
were  made  to  bring  him  to  justice :  people  said  it  was  an  unfortunate  thing, 
and  were  surprised  that  he  was  not  more  cautious,  as  it  was  not  the  first  thing 
of  the  kind  that  had  happened  to  him,  but  they  dwelt  chiefly  on  the  proprie 
tor's  loss." 

In  such  of  the  extraordinary  punishments  as  terminated  in  death,  there  are 
no  less  than  seven  specific  instances  also  in  the  evidence.  In  one  of  them,  viz  : 
that  of  throwing  the  slave  into  the  boiling  cane-juice,  we  find  from  Mr.  J.  Terry 
that  the  overseer  was  punished,  but  his  punishment  consisted  only  of  replacing 
the  slave  and  leaving  his  owner's  service.  In  that  of  killing  the  slave  by  light 
ing  a  fire  round  him  and  putting  a  hot  soldering  iron  into  his  mouth,  the  over 
seer's  conduct,  says  Mr.  Giles,  was  not  even  condemned  by  his  master,  nor  in 
any  of  the  rest  were  any  means  whatsoever  used  to  punish  the  offenders.  In 
the  three  mentioned  by  Mr.  Woolrich,  he  particularly  says,  all  the  white  peo 
ple  in  the  island  were  acquainted  with  these  acts.  Neither  of  the  offenders, 
however,  were  called  to  an  account,  nor  were  they  shunned  in  society  for  it,  or 
considered  as  in  disgrace. 

Such  appears  to  have  been,  in  the  experience  of  the  different  witnesses  cited, 
the  forlorn  and  wretched  situation  of  the  slaves.  They  often  complain,  says 
Dr.  Jackson,  that  they  are  an  oppressed  people  ;  that  they  suffer  in  this  world, 
but  expect  happiness  in  the  next ;  whilst  they  denounce  the  vengeance  of  God 
on  their  oppressors,  the  white  men.  If  you  speak  to  them  of  future  punish 
ments,  they  say,  "  Why  should  a  poor  negro  be  punished  ?  he  does  no  wrong ; 
fiery  caldrons,  and  such  things,  are  reserved  for  white  people,  as  punishments 
for  the  oppression  of  slaves." 

Bryan  Edwards,  the  historian  of  the  West  Indies,  gives  the  price  of  new  ne 
groes  in  1791.  An  able  man,  in  his  prime,  £50  sterling  ;  an  able  woman,  £49 
sterling;  a  youth  approaching  to  manhood,  £47  sterling;  a  young  girl,  £46 
sterling  ;  boys  and  girls,  from  £40  to  £45  sterling ;  an  infant,  £5.  The  annual 
profit  arising  to  the  owner,  from  each  able  field  negro,  employed  in  cultivating 
sugar,  he  estimates  at  £25  sterling.  An  opinion  prevailed  among  the  planters 
that  it  was  cheaper  to  buy  than  to  breed.  If  a  negro  lasted  a  certain  time  his 
death  was  accounted  nothing.  This  time  was  fixed  at  seven  years  by  some 
planters  ;  by  others  at  less.  A  planter  of  Jamaica,  by  name  of  Yeman,  ac 
cording  to  Captain  Scott's  testimony,  reduced  his  calculation  to  four  years, 
treating  his  slaves  most  cruelly,  and  saying  that  four  years'  labor  was  enough 
for  him,  for  he  then  had  got  his  money  out  of  him,  and  he  did  not  care  what 
became  of  him  afterwards. 


158  EARLY    OPPONENTS   OF   SLAVERY 


CHAPTER  XII. 

EAELT  OPPONENTS  OF  AFRICAN  SLAVERY  IN  ENGLAND  AND  AMERICA. 

Period  from  1660  to  1760 :  Godwin,  Richard  Baxter,  Atkins,  Hughes,  Bishop  Warbur- 
ton. — Planters  accustomed  to  take  their  Slaves  to  England,  and  to  carry  them  back 
into  slavery  by  force. — Important  case  of  James  Somerset  decided,  1772. — John 
Wesley. — Motion  in  House  of  Commons  against  Slave-Trade,  1776. — Case  of  ship 
Zong. — Bridgwater  Petitions. — The  Quakers  in  England  oppose  Slavery. — Resolutions 
of  the  Quakers,  from  1727  to  1760. — They  Petition  House  of  Commons. — First  Society 
formed,  1783. — The  Quakers  and  others  in  America. — Action  of  the  Quakers  of  Penn 
sylvania  from  1688  to  1788. — Benezet  writes  tracts  against  Slavery. — His  letter  to  the 
Queen. — Sentiment  in  America,  favorable  to  Africans,  1772. — House  of  Burgesses  of 
Va.,  addresses  the  King. — Original  draft  of  Declaration  of  Independence. — First  So 
ciety  formed  in  America  "for  Promoting  Abolition  of  Slavery,"  1774. — Opposition  to 
the  Slave-Trade  in  America. 


T 


HE  first  importation  of  slaves  from  Africa  by  the  English  was  in  1562,  in 
the  reign  of  Elizabeth.  This  great  princess  seems  on  the  very  commencement 
of  the  trade  to  have  questioned  its  lawfulness ;  to  have  entertained  a  religious 
scruple  concerning  it,  and',  indeed,  to  have  revolted  at  the  very  thought  of  it. 
She  seems  to  have  been  aware  of  the  evils  to  which  its  continuance  might 
lead,  or  that,  if  it  were  sanctioned,  the  most  unjustifiable  means  might  be  made 
use  of  to  procure  the  persons  of  the  natives  of  Africa.  And  in  what  light  she 
would  have  viewed  any  acts  of  this  kind,  had  they  taken  place,  we  may  con 
jecture  from  this  fact ;  that  when  Captain  (afterwards  Sir  John)  Hawkins  re 
turned  from  his  first  voyage  to  Africa  and  Hispaniola,  whither  he  had  carried 
slaves,  she  sent  for  him,  and,  as  we  learn  from  Hill's  Naval  History,  expressed 
her  concern  lest  any  of  the  Africans  should  be  carried  off  without  their  free 
consent,  declaring  that  "  It  would  be  detestable,  and  call  down  the  vengeance 
of  Heaven  upon  the  undertakers."  Captain  Hawkins  promised  to  comply 
with  the  injunctions  of  Elizabeth  in  this  respect.  But  he  did  not  keep  his 
word  ;  for  when  he  went  to  Africa  again,  he  seized  many  of  the  inhabitants, 
and  carried  them  off  as  slaves,  which  occasioned  Hill,  in  the  account  he  gives 
of  his  voyage,  to  use  these  remarkable  words  :  "  Here  began  the  horrid  prac 
tice  of  forcing  the  Africans  into  slavery,  an  injustice  and  barbarity  which,  so 
sure  as  there  is  vengeance  in  heaven  for  the  worst  of  crimes,  will  some  time  bo 
the  destruction  of  all  who  allow  or  encourage  it." 

Though  the  slave-trade  commenced  so  early,  there  were  no  united  and  effec 
tive  efforts  made  for  its  abolition  till  the  year  1787  ;  at  which  period  a  num 
ber  of  persons  associated  themselves  in  England  for  this  benevolent  object. 
However,  for  a  long  time  previous  to  the  forming  of  this  important  associa 
tion,  individuals  were  continually  rising,  who,  by  their  writings  and  labors 
rendered  valuable  service  to  the  cause  of  humanity,  and  who  are  properly  con 
sidered  as  forerunners  inasmuch  as  they  prepared  the  way  for  that  extensive 
and  united  effort  which 'finally  succeeded  in  rendering  illegal  the  abominable 
traffic.  In  giving  a  history  of  the  Abolition  of  the  slave-trade,  it  will  be 


IN   ENGLAND    AND   AMERICA.  159 

proper  to  notice  a  few  of  the  more  prominent  and  active  of  these  harbingers 
in  the  great  cause  of  humanity. 

Morgan  Godwyn,  a  clergyman  of  the  established  church,  wrote  a  Treatise 
upon  the  subject,  which  he  dedicated  to  the  then  archbishop  of  Canterbury. 
He  gave  it  to  the  world,  at  the  time  mentioned,  under  the  title  of  "  The 
Negro's  and  Indian's  Advocate."  In  this  treatise  he  lays  open  the  situation 
of  these  oppressed  people,  of  whose  sufferings  he  had  been  an  eyewitness  in 
the  island  of  Barbadoes.  He  calls  forth  the  pity  of  the  reader  in  an  affecting 
manner,  and  exposes  with  a  nervous  eloquence  the  brutal  sentiments  and  con 
duct  of  their  oppressors.  This  seems  to  have  been  the  first  work  undertaken 
in  England  expressly  in  favor  of  the  cause. 

Richard  Baxter,  the  celebrated  divine  among  the  Nonconformists,  in  his 
Christian  Directory,  published  about  the  same  time  as  the  Negro's  and  Indian's 
Advocate,  gives  advice  to  those  masters  in  foreign  plantations,  who  have 
negroes  and  other  slaves.  In  this  he  protests  loudly  against  this  trade.  He 
says  expressly  that  they,  who  go  out  as  pirates,  and  take  away  poor  Africans, 
or  people  of  another  land  who  never  forfeited  life  or  liberty,  and  make  them 
slaves  and  sell  them,  are  the  worst  of  robbers,  and  ought  to  be  considered  as 
the  common  enemies  of  mankind  ;  and  that  they,  who  buy  them,  and  use  them 
as  mere  beasts  for  their  own  convenience,  regardless  of  their  spiritual  welfare, 
are  fitter  to  be  called  demons  than  Christians.  He  then  proposes  several 
queries,  which  he  answers  in  a  clear  and  forcible  manner,  showing  the  great 
inconsistency  of  this  traffic,  and  the  necessity  of  treating  those  then  in  bondage 
with  tenderness  and  due  regard  to  their  spiritual  concerns. 

The  person  who  seems  to  have  noticed  the  subject  next  was  Dr.  Primatt. 
In  his  "  Dissertation  on  the  Duty  of  Mercy,  and  on  the  Sin  of  Cruelty  to 
Brute-animals,"  he  takes  occasion  to  advert  to  the  subject  of  the  African  slave 
trade.  "It  has  pleased  God,"  says  he,  "to  cover  some  men  with  white  skins, 
and  others  with  black ;  but  as  there  is  neither  merit  nor  demerit  in  complex 
ion,  the  white  man,  notwithstanding  the  barbarity  of  custom  and  prejudice, 
can  have  no  right  by  virtue  of  his  color  to  enslave  and  tyrannize  over  the 
black  man.  For  whether  a  man  be  white  or  black,  such  he  is  by  God's  ap 
pointment,  and,  abstractedly  considered,  is  neither  a  subject  for  pride,  nor  an 
object  of  contempt." 

In  the  year  1735,  Atkins  who  was  a  surgeon  in  the  navy,  published  his 
voyage  to  Guinea,  Brazil,  and  the  West  Indies.  In  this  work  he  describes 
openly  the  manner  of  making  the  natives  slaves,  such  as  by  kidnapping,  by 
unjust  accusations  and  trials,  and  by  other  nefarious  means.  He  states  also 
the  cruelties  practiced  upon  them  by  the  white  people,  and  the  iniquitous  ways 
and  dealings  of  the  latter,  and  answers  their  argument,  by  which  they  insinua 
ted  that  the  condition  of  Africans  was  improved  by  their  transportation  to 
other  countries. 

In  the  year  1750  the  reverend  Griffith  Hughes,  rector  of  St.  Lucy,. in  Bar 
badoes,  published  his  Natural  History  of  that  island.  He  took  an  opportu- 


160  EARLY    OPPONENTS    OF   SLAVERY 

nity,  in  the  course  of  it,  of  laying  open  to  the  world  the  miserable  situation  of 
the  Africans,  and  the  waste  of  them  by  hard  labor  and  other  cruel  means. 

Edmund  Burke,  in  his  account  of  the  European  settlements,  complains 
"that  the  negroes  in  our  colonies  endure  a  slavery  more  complete,  and  attended 
with  far  worse  circumstances,  than  what  any  people  in  their  condition  suffer  in 
any  other  part  of  the  world,  or  have  suffered  in  any  other  period  of  time." 

Bishop  Warburton  preached  a  sermon  in  the  year  1766,  before  the  Society 
for  the  Propagation  of  the  Gospel,  in  which  he  took  up  the  cause  of  the 
Africans,  and  in  which  he  severely  reprobated  their  oppressors.  The  language 
in  this  sermon  is  so  striking,  that  we  make  an  extract  from  it.  "  From  the 
free  savages,"  says  he,  "  I  now  come  to  the  savages  in  bonds.  By  these  I 
mean  the  vast  multitudes  yearly  stolen  from  the  opposite  continent,  and  sacri 
ficed  by  the  colonists  to  their  great  idol  the  god  of  gain.  But  what  then,  say 
these  sincere  worshippers  of  mammon  ?  They  are  our  own  property  which  we 
offer  up.  Gracious  God !  to  talk,  as  of  herds  of  cattle,  of  property  in  ra 
tional  creatures,  creatures  endued  with  all  our  faculties,  possessing  all  our 
qualities  but  that  of  color,  our  brethren  both  by  nature  and  grace,  shocks  all 
the  feelings  of  humanity,  and  the  dictates  of  common  sense  !  But,  alas  !  what 
is  there,  in  the  infinite  abuses  of  society,  which  does  not  shock  them  ?  Yet 
nothing  is  more  certain  in  itself  and  apparent  to  all,  than  that  the  infamous 
traffic  for  slaves  directly  infringes  both  divine  and  human  law.  Nature  created 
man  free,  and  grace  invites  him  to  assert  his  freedom. 

"  In  excuse  of  this  violation  it  hath  been  pretended,  that  though  indeed 
these  miserable  outcasts  of  humanity  be  torn  from  their  homes  and  native 
country  by  fraud  and  violence,  yet  they  thereby  become  the  happier,  and  their 
condition  the  more  eligible.  But  who  are  you,  who  pretend  to  judge  of 
another  man's  happiness ;  that  state,  which  each  man  under  the  guidance  of 
his  Maker  forms  for  himself,  and  not  one  man  for  another  ?  To  know  what 
constitutes  mine  or  your  happiness  is  the  sole  prerogative  of  Him  who  created 
us,  and  cast  us  in  so  various  and  different  moulds.  Did  your  slaves  ever  com 
plain  to  you  of  their  unhappiness  amidst  their  native  woods  and  deserts  ?  or 
rather  let  me  ask,  Did  they  ever  cease  complaining  of  their  condition  under 
you,  their  lordly  masters,  where  they  see  indeed  the  accommodations  of  civil 
life,  but  see  them  all  pass  to  others,  themselves  unbenefited  by  them  ?  Be  so 
gracious  then,  ye  petty  tyrants  over  human  freedom,  to  let  your  slaves  judge 
for  themselves,  what  it  is  which  makes  their  own  happiness,  and  then  see 
whether  they  do  not  place  it  in  the  return  to  their  own  country,  rather  than  in 
the  contemplation  of  your  grandeur,  of  which  their  misery  makes  so  large  a 
part ;  a  return  so,  passionately  longed  for,  that,  despairing  of  happiness  here, 
that  is,  of  escaping  the  chains  of  their  cruel  task-masters,  they  console  them 
selves  with  feigning  it  to  be  the  gracious  reward  of  heaven  in  their  future 
state." 

Before  the  year  1700,  planters,  merchants,  and  others,  resident  in  the  West 
Indies,  but  coming  to  England,  were  accustomed  to  bring  with  them  certain 
.slaves  to  act  as  servants  with  them  during  their  stay.  The  latter,  seeing  the 


IN  ENGLAND  AND   AMERICA.  161 

freedom  and  the  happiness  of  servants  in  that  country,  and  considering  what 
would  be  their  own  hard  fate  on  their  return  to  the  islands,  frequently  abscon 
ded.  Their  masters  of  course  made  search  after  them,  and  often  had  them 
seized  and  carried  away  by  force.  It  was,  however,  declared  by  many  on  these 
occasions,  that  the  English  laws  did  not  sanction  such  proceedings,  for  that  all 
persons  who  were  baptized  became  free.  The  consequence  of  this  was,  that 
most  of  the  slaves  who  came  over  with  their  masters  prevailed  upon  some 
pious  clergyman  to  baptize  them.  They  took  of  course  godfathers  of  sue 
citizens  as  had  the  generosity  to  espouse  their  cause.  When  they  were*  seized 
they  usually  sent  to  these,  if  they  had  an  opportunity,  for  their  protection. 
And  in  the  result,  their  godfathers,  maintaining  that  they  had  been  baptized, 
and  that  they  were  free  on  this  account  as  well  as  by  the  general  tenor  of  the 
laws  of  England,  dared  those,  who  had  taken  possession  of  them,  to  send  them 
out  of  the  kingdom. 

The  planters,  merchants,  and  others,  being  thus  circumstanced,  knew  not 
what  to  do.  They  were  afraid  of  taking  their  slaves  away  by  force,  and  they 
were  equally  afraid  of  bringing  any  of  the  cases  before  a  public  court.  In  this 
dilemma,  in  1729  they  applied  to  York  and  Talbot,  the  attorney  and  solicitor- 
general  for  the  time  being,  and  obtained  the  following  strange  opinion  from 
them :  "  We  are  of  opinion,  that  a  slave  by  coming  from  the  West  Indies  into 
Great  Britain  or  Ireland,  either  with  or  without  his  master,  does  not  become 
free,  and  that  his  master's  right  and  property  in  him  is  not  thereby  determined 
or  varied,  and  that  baptism  doth  not  bestow  freedom  on  him,  nor  make  any 
alteration  in  his  temporal  condition  in  these  kingdoms.  We  are  also  of  opin 
ion,  that  the  master  may  legally  compel  him  to  return  to  the  plantations." 

This  opinion  was  delivered  in  the  year  1729.  The  planters,  merchants,  and 
others,  gave  it  of  course  all  the  publicity  in  their  power.  And  the  consequen 
ces  were  as  might  easily  have  been  apprehended.  In  a  little  time  slaves  ab 
sconding  were  advertised  in  the  London  papers  as  runaways,  and  rewards 
offered  for  the  apprehension  of  them.  They  were  advertised  also,  in  the  same 
papers,  to  be  sold  by  auction,  sometimes  by  themselves,  and  again  with  horses, 
chaises,  and  harness.  They  were  seized  also  by  their  masters,  or  by  persons 
employed  by  them,  in  the  very  streets,  and  dragged  from  thence  to  the  ships ; 
and  so  unprotected  now  were  these  poor  slaves,  that  persons  in  nowise  con 
cerned  with  them  began  to  institute  a  trade  in  their  persons,  making  agree 
ments  with  captains  of  ships  going  to  the  West  Indies  to  put  them  on  board 
at  a  certain  price. 

These  circumstances  did  not  fail  of  producing  new  coadjutors  in  the  cause. 
And  first  they  produced  that  able  and  indefatigable  advocate,  Mr.  Granville 
Sharp.  This  gentleman  is  to  be  distinguished  from  those  who  preceded  him  in 
this  particular,  that,  whereas  these  were  only  writers,  he  was  both  a  writer  and 
an  actor  in  the  cause.  In  fact,  he  was  the  first  laborer  in  it  in  England.  The 
following  is  a  short  history  of  the  beginning  and  of  the  course  of  his  labors  : 

In  the  year  1765,  Mr.  David  Lisle  had  brought  over  from  Barbadoes,  Jona 
than  Strong,  an  African  slave,  as  his  servant.     He  used  the  latter  in  a  bar- 
11 


162  EARLY  OPPONENTS  OF  SLAVERY 

-  ^r  .  -  *° 

barous  manner  at  his  lodgings  in  Wapping,  but  particularly  by  beating  him 
over  the  head  with  a  pistol,  which  occasioned  his  head  to  swell.  When  the 
swelling  went  down,  a  disorder  fell  into  his  eyes,  which  threatened  the  loss  of 
them.  To  this  an  ague  and  fever  succeeded,  and  a  lameness  in  both  of  his  legs. 

Jonathan  Strong,  having  been  brought  into  this  deplorable  situation,  and 
being  therefore  wholly  useless,  was  left  by  his  master  to  go  whither  he  pleased. 
He  applied  accordingly  to  Mr.  William  Sharp,  the  surgeon,  for  his  advice,  as 
to  one  who  gave  up  a  portion  of  his  time  to  the  healing  of  the  diseases  of  the 
poor.  It  was  here  that  Mr.  Granville  Sharp,  the  brother  of  the  former,  saw 
him.  Suffice  it  to  say,  that  in  process  of  time  he  was  cured.  During  this 
time  Mr.  Granville  Sharp,  pitying  his  hard  case,  supplied  him  with  money, 
and  he  afterwards  got  him  a  situation  in  the  family  of  Mr.  Brown,  an  apoth 
ecary,  to  carry  out  medicines. 

In  this  new  situation,  when  Strong  had  become  healthy  and  robust  in  his 
appearance,  his  master  happened  to  see  him.  The  latter  immediately  formed 
the  design  of  possessing  him  again.  Accordingly,  when  he  had  found  out  his 
residence,  he  procured  John  Ross,  keeper  of  the  Poultry-compter,  and  Will 
iam  Miller,  an  officer  under  the  lord  mayor,  to  kidnap  him.  This  was  done  by 
sending  for  him  to  a  public  house  in  Fenchurch  street,  and  then  seizing  him. 
By  these  he  was  conveyed,  without  any  warrant,  to  the  Poultry-compter,  where 
he  was  sold  by  his  master,  to  John  Kerr,  for  thirty  pounds. 

Strong,  in  this  situation,  sent,  as  was  usual,  to  his  godfathers,  John  London 
and  Stephen  Nail,  for  their  protection.  They  went,  but  were  refused  admit 
tance  to  him.  At  length  he  sent  for  Mr.  Granville  Sharp.  The  latter  went, 
but  they  still  refused  access  to  the  prisoner.  He  insisted,  however,  upon  see 
ing  him,  and  charged  the  keeper  of  the  prison  at  his  peril  to  deliver  him  up 
till  he  had  been  carried  before  a  magistrate. 

Mr.  Sharp  immediately  upon  this  waited  upon  Sir  Robert  Kite,  the  then 
lord  mayor,  and  entreated  him  to  send  for  Strong,  and  to  hear  his  case.  A 
day  was  accordingly  appointed.  Mr.  Sharp  attended,  and  also  William 
M'Bean,  a  notary  public,  and  David  Laird,  captain  of  the  ship  Thames,  which 
was  to  have  conveyed  Strong  to  Jamaica,  in  behalf  of  the  purchaser,  John 
Kerr.  A  long  conversation  ensued,  in  which  the  opinion  of  York  and  Talbot 
was  quoted.  Mr.  Sharp  made  his  observation.  Certain  lawyers,  who  were 
present,  seemed  to  be  staggered  at  the  case,  but  inclined  rather  to  recommit 
the  prisoner.  The  lord  mayor,  however,  discharged  Strong,  as  he  had  been 
taken  up  without  a  warrant. 

As  soon  as  this  determination  was  made  known,  the  parties  began  to  move 
off.  Captain  Laird,  however,  who  kept  close  to  Strong,  laid  hold  of  him  be 
fore  he  had  quitted  the  room,  and  said  aloud,  "  Then  I  now  seize  him  as  my 
slave."  Upon  this,  Mr.  Sharp  put  his  hand  upon  Laird's  shoulder,  and  pro 
nounced  these  words  :  "I  charge  you  in  the  name  of  the  king  with  an  assault 
upon  the  person  of  Jonathan  Strong,  and  all  these  are  my  witnesses."  Laird 
was  greatly  intimidated  by  this  charge,  made  in  the  presence  of  the  lord  mayor 

•"• 


IN  ENGLAND  AND  AMERICA.  163 

and  others,  and  fearing  a  prosecution,  let  his  prisoner  go,  leaving  him  to  be 
conveyed  away  by  Mr.  Sharp. 

Mr.  Sharp,  having  been  greatly  affected  by  this  case,  and  foreseeing  how 
much  he  might  be  engaged  in  others  of  a  similar  nature,  thought  it  time  that 
the  law  of  the  land  should  be  known  upon  this  subject.  He  applied  therefore 
to  Doctor  Blackstone,  afterwards  Judge  Blackstone,  for  his  opinion  upon  it. 
He  was,  however,  not  satisfied  with  it,  when  he  received  it ;  nor  could  he  ob 
tain  any  satisfactory  answer  from  several  other  lawyers,  to  whom  he  afterwards 
applied.  The  truth  is,  that  the  opinion  of  York  and  Talbot,  which  had  been 
made  public  and  acted  upon  by  the  planters,  merchants,  and  others,  was  con 
sidered  of  high  authority,  and  scarcely  any  one  dared  to  question  the  legality 
of  it.  lu  this  situation,  Mr.  Sharp  saw  no  means  of  help  but  in  his  own  in 
dustry,  and  he  determined  immediately  to  give  up  two  or  three  years  to  the 
study  of  the  English  law,  that  he  might  the  better  advocate  the  cause  of  these 
miserable  people.  The  result  of  these  studies  was  the  publication  of  a  book, 
in  the  year  1769,  which  he  called  "A  Representation  of  the  Injustice  and  dan 
gerous  Tendency  of  Tolerating  Slavery  in  England."  In  this  work  he  refuted, 
in  the  clearest  manner,  the  opinion  of  York  and  Talbot.  He  produced  against 
it  the  opinion  of  the  Lord  Chief  Justice  Holt,  who  many  years  before  had  de 
termined  that  every  slave  coming  into  England  became  free.  He  attacked 
and  refuted  it  again  by  a  learned  and  laborious  inquiry  into  all  the  principles 
of  villenage,  He  refuted  it  again,  by  showing  it  to  be  an  axiom  in  the  British 
constitution,  "  That  every  man  in  England  was  free  to  sue  for  and  defend  his 
rights,  and  that  force  could  not  be  used  without  a  legal  process,"  leaving  it  to 
the  judges  to  determine  whether  an  African  was  a  man.  He  attacked,  also, 
the  opinion  of  Judge  Blackstone,  and  showed  where  his  error  lay.  This  book, 
containing  these  and  other  arguments  on  the  subject,  he  distributed,  but  par 
ticularly  among  the  lawyers,  giving  them  an  opportunity  of  refuting  or 
acknowledging  the  doctrines  it  contained. 

While  Mr.  Sharp  was  engaged  in  this  work,  another  case  offered,  in  which 
he  took  a  part.  This  was  in  the  year  1768.  Hylas,  an  African  slave,  prose 
cuted  a  person  of  the  name  of  Newton  for  having  kidnapped  his  wife,  and  sent 
her  to  the  West  Indies.  The  result  of  this  trial  was,  that  damages  to  the 
amount  of  a  shilling  were  given,  and  the  defendant  was  bound  to  bring  back 
the  woman,  either  by  the  first  ship,  or  in  six  months  from  this  decision  of  the 
court. 

But  soon  after  the  work  just  mentioned  was  out,  and  when  Mr.  Sharp  was 
better  prepared,  a  third  case  occurred.  This  happened  in  the  year  1770.  Rob 
ert  Stapylton,  who  lived  at  Chelsea,  in  conjunction  with  John  Malonj  and 
Edward  Armstrong,  two  watermen,  seized  the  person  of  Thomas  Lewis,  an 
African  slave,  in  a  dark  night,  and  dragged  him  to  a  boat  lying  in  the  Thames; 
they  then  gagged  him,  and  tied  him  with  a  cord,  and  rowed  him  down  to  a 
ship,  and  put  him  on  board  to  be  sold  as  a  slave  in  Jamaica.  This  action  took 
place  near  the  garden  of  Mrs.  Banks,  the  mother  of  Sir  Joseph  Banks.  Lewis, 
it  appears,  on  being  seized,  screamed  violently.  The  servants  of  Mrs.  Banks, 


164  EARLY  OPPONENTS  OF  SLAVERY 

who  heard  his  cries,  ran  to  his  assistance,  but  the  boat  was  gone.  OB  inform 
ing  their  mistress  of  what  had  happened,  she  sent  for  Mr  Sharp,  who  began 
now  to  be  known  as  the  friend  of  the  helpless  Africans,  and  professed  her  will 
ingness  to  incur  the  expense  of  bringing  the  delinquents  to  justice.  Mr.  Sharp, 
with  some  difficulty,  procured  a  habeas  corpus,  in  consequence  of  which  Lewis 
was  brought  from  Gravesend  just  as  the  vessel  was  on  the  point  of  sailing. 
An  action  was  then  commenced  against  Stapylton,  who  defended  himself  on 
the  plea,  "  That  Lewis  belonged  to  him  as  his  slave."  In  the  course  of  the  trial, 
Mr.  Dunning,  who  was  counsel  for  Lewis,  paid  Mr.  Sharp  a  handsome  com 
pliment,  for  he  held  in  his  hand  Mr.  Sharp's  book  on  the  injustice  and  danger 
ous  tendency  of  tolerating  slavery  in  England,  while  he  was  pleading ;  and  in 
his  address  to  the  jury  he  spoke  and  acted  thus :  "I  shall  submit  to  you,"  says 
Mr.  Dunning,  "what  my  ideas  are  upon  such  evidence,  reserving  to  myself 
an  opportunity  of  discussing  it  more  particularly,  and  reserving  to  myself  a 
right  to  insist  upon  a  position,  which  I  will  maintain  (and  here  he  held  up  the 
book  to  the  notice  of  those  present)  in  any  place  and  in  any  court  of  the  king 
dom,  that  our  laws  admit  of  no  such  property."  The  result  of  the  trial  was, 
that  the  jury  pronounced  the  plaintiff  not  to  have  been  the  property  of  the 
defendant,  several  of  them  crying  out  "No  property,  no  property." 

After  this,  one  or  two  other  trials  came  on,  in  which  the  oppressor  was  de 
feated  ;  and  several  cases  occurred,  in  which  slaves  were  liberated  from  the  holds 
of  vessels,  and  other  places  of  confinement,  by  the  exertions  of  Mr.  Sharp. 
One  of  these  cases  was  singular.  The  vessel  on  board  which  a  poor  African 
had  been  dragged  and  confined  had  reached  the  Downs,  and  had  actually  got 
under  way  for  the  West  Indies.  In  two  or  three  hours  she  would  have  been 
out  of  sight ;  but  just  at  this  critical  moment  the  writ  of  habeas  corpus  was 
carried  on  board.  The  officer  who  served  it  on  the  captain  saw  the  miserable 
African  chained  to  the  mainmast,  bathed  in  tears,  and  casting  a  last  mournful 
look  on  the  land  of  freedom,  which  was  fast  receding  from  his  sight.  The  cap 
tain,  on  receiving  the  writ,  became  outrageous ;  but,  knowing  the  serious  con 
sequences  of  resisting  the  law  of  the  land,  he  gave  up  his  prisoner,  whom  the 
officer  carried  safe,  but  now  crying  for  joy,  to  the  shore. 

Though  the  injured  Africans,  whose  causes  had  been  tried,  escaped  slavery, 
and  though  many,  who  had  been  forcibly  carried  into  dungeons,  ready  to  be 
transported  back  into  the  colonies,  had  been  delivered  out  of  them,  Mr..  Sharp 
was  not  easy  in  his  mind.  Not  one  of  the  cases  had  yet  been  pleaded  on  the 
broad  ground,  "  Whether  an  African  slave  coming  into  England  became  free  ?  " 
This  great  question  had  been  hitherto  studiously  avoided.  It  was  still,  there 
fore,  left  in  doubt.  Mr.  Sharp  was  almost  daily  acting  as  if  it  had  been  deter 
mined,  and  as  if  he  had  been  following  the  known  law  of  the  land.  He  wished, 
therefore,  that  the  next  cause  might  be  argued  upon  this  principle.  Lord 
Mansfield,  too,  who  had  been  biased  by  the  opinion  of  York  and  Talbot,  be 
gan  to  waver  in  consequence  of  the  different  pleadings  he  had  heard  on  this 
subject.  He  saw  also  no  end  of  trials  like  these,  till  the  law  should  be  ascer 
tained,  and  he  was  anxious  for  a  decision  on  the  same  basis  as  Mr.  Sharp.  In 


IN  ENGLAND  AND  AMERICA.  165 

this  situation  the  following  case  offered,  which  was  agreed  upon  for  the  deter 
mination  of  this  important  question. 

James  Somerset,  an  African  slave,  had  been  brought  to  England  by  his 
master,  Charles  Stewart,  in  November,  1769.  Somerset,  in  process  of  time, 
left  him.  Stewart  took  an  opportunity  of  seizing  him,  and  had  him  conveyed 
on  board  the  Ann  and  Mary,  Captain  Knowles,  to  be  carried  out  of  the  king 
dom,  and  sold  as  a  slave  in  Jamaica.  The  question  was,  "  Whether  a  slave, 
by  coming  into  England,  became  free  ?  " 

In  order  that  time  might  be  given  for  ascertaining  the  law  fully  on  this  head, 
the  case  was  argued  at  three  different  sittings.  First,  in  January,  1772  ; 
secondly,  in  February,  1772  ;  and  thirdly,  in  May,  1772.  And  that  no  decis 
ion  otherwise  than  what  the  law  warranted  might  be  given,  the  opinion  of  the 
Judges  was  taken  upon  the  pleadings.  The  result  of  the  trial  was,  That  as 
soon  as  ever  any  slave  set  his  foot  upon  English  territory,  he  became  free 

Thus  ended  the  great  case  of  Somerset,  which,  having  been  determined  after 
so  deliberate  an  investigation  of  the  law,  can  never  be  reversed  while  the  Brit 
ish  Constitution  remains.  The  eloquence  displayed  in  it  by  those  who  were 
engaged  on  the  side  of  liberty,  was  perhaps  never  exceeded  on  any  occasion 

Mr.  Sharp  felt  it  his  duty,  immediately  after  the  trial,  to  write  to  Lord 
North,  then  principal  minister  of  state,  warning  him,  in  the  most  earnest  man 
ner,  to  abolish  immediately  both  the  trade  and  the  slavery  of  the  human 
species  in  all  the  British  dominions,  as  utterly  irreconcileable  with  the  princi 
ples  of  the  British  constitution,  and  the  established  religion  of  the  land. 

In  the  year  1774,  John  Wesley,  the  celebrated  divine,  to  whose  pious  labors 
the  religious  world  will  be  long  indebted,  undertook  the  cause  of  the  Africans. 
He  had  been  in  America,  and  had  seen  and  pitied  their  hard  condition.  The 
work  which  he  gave  to  the  world  in  consequence,  was  entitled  "  Thoughts  on 
Slavery."  Mr.  Wesley  had  this  great  cause  much  at  heart,  and  frequently 
recommended  it  to  the  support  of  those  who  attended  his  useful  ministry. 

The  year  1776  produced  two  new  friends  in  England,  in  the  same  cause, 
but  in  a  line  in  which  no  one  had  yet  moved.  David  Hartley,  then  a  member 
of  parliament  for  Hull,  found  it  impossible  any  longer  to  pass  over  without 
notice  the  cause  of  the  oppressed  Africans.  He  had  long  felt  for  their 
wretched  condition,  and,  availing  himself  of  his  legislative  situation,  he  made 
a  motion  in  the  house  of  commons,  "That  the  slave  trade  was  contrary  to  the 
laws  of  God  and  the  rights  of  men." 

Dr.  Adam  Smith,  in  his  "Theory  of  Moral  Sentiments,"  had,  so  early  as 
the  year  1759,  held  the  slaves  up  in  an  honorable,  and  their  tyrants  in  a 
degrading  light.  "  There  is  not  a  negro  from  the  coast  of  Africa,  who  does 
not,  in  this  respect,  possess  a  degree  of  magnanimity  which  the  soul  of  his 
sordid  master  is  too  often  scarce  capable  of  conceiving.  Fortune  never 
exerted  more  cruelly  her  empire  over  mankind,  than  when  she  subjected  those 
nations  of  heroes  to  the  refuse  of  the  gaols  of  Europe,  to  wretches  who  possess 
the  virtue  neither  of  the  countries  they  came  from,  nor  of  those  they  go  to. 
and  whose  levity,  brutality,  and  baseness  so  justly  expose  them  to  the  con- 


4 

160  EAELY  OPPONENTS  OF  SLAVERY 

tempt  of  the  vanquished."  In  17*76,  in  his  "Wealth  of  Nations,"  he  showed 
in  a  forcible  manner  (for  he  appealed  to  the  interest  of  those  concerned)  the 
dearness  of  African  labor,  or  the  impolicy  of  employing  slaves. 

In  the  year  1783,  we  find  Mr.  Sharp  coming  again  into  notice.  We  find 
him  at  this  time  taking  a  part  in  a  cause,  the  knowledge  of  which,  in  propor 
tion  as  it  was  disseminated,  produced  an  earnest  desire  among  all  disinterested 
persons  for  the  abolition  of  the  slave-trade. 

In  this  year,  certain  underwriters  desired  to  be  heard  against  Gregson  and 
others  of  Liverpool,  in  the  case  of  the  ship  Zong,  captain  Collingwood, 
alleging  that  the  captain  and  officers  of  the  said  vessel  threw  overboard  one 
hundred  and  thirty-two  slaves  alive  into  the  sea,  in  order  to  defraud  them,  by 
claiming  the  value  of  said  slaves,  as  if  they  had  been  lost  in  a  natural  way. 
In  the  course  of  the  trial,  which  afterwards  came  on,  it  appeared  that  the 
slaves  on  board  the  Zong  were  very  sickly  ;  that  sixty  of  them  had  already 
died,  and  several  were  ill  and  likely  to  die ;  when  the  captain  proposed  to 
James  Kelsall,  the  mate,  and  others,  to  throw  several  of  them  overboard, 
stating  "  that  if  they  died  a  natural  death,  the  loss  would  fall  upon  the  owners 
of  the  ship,  but  that  if  they  were  thrown  into  the  sea,  it  would  fall  upon  the 
underwriters."  He  selected,  accordingly,  one  hundred  and  thirty -two  of  the 
most  sickly  of  the  slaves.  Fifty-four  of  these  were  immediately  thrown  over 
board,  and  forty-two  were  made  to  be  partakers  of  their  fate  on  the  succeed 
ing  day.  In  the  course  of  three  days  afterwards,  the  remaining  twenty-six 
were  brought  upon  the  deck  to  complete  the  number  of  victims.  The  first 
sixteen  submitted  to  be  thrown  into  the  sea,  but  the  rest,  with  a  noble  resolu 
tion,  would  not  suffer  the  officers  to  touch  them,  but  leaped  after  their  com 
panions  and  shared  their  fate. 

The  plea  which  was  set  up  in  behalf  of  this  atrocious  and  unparalleled  act 
of  wickedness,  was  that  the  captain  discovered,  when  he  made  the  proposal, 
that  he  had  only  two  hundred  gallons  of  water  on  board,  and  that  he  had 
missed  his  port.  It  was  proved,  however,  in  answer  to  this,  that  no  one  had 
been  put  upon  short  allowance ;  and  that,  as  if  Providence  had  determined  to 
afford  an  unequivocal  proof  of  the  guilt,  a  shower  of  rain  fell  and  continued 
for  three  days  immediately  after  the  second  lot  of  slaves  had  been  destroyed, 
by  means  of  which  they  might  have  filled  many  of  their  vessels  with  water, 
and  thus  have  prevented  all  necessity  for  the  destruction  of  the  third. 

Mr.  Sharp  was  present  at  this  trial,  and  procured  the  attendance  of  a  short 
hand  writer  to  take  down  the  facts  which  should  come  out  in  the  course  of  it. 
These  he  gave  to  the  public  afterwards.  He  communicated  them,  also,  with  a 
copy  of  the  trial,  to  the  Lords  of  the  Admiralty,  as  the  guardians  of  justice 
upon  the  seas,  and  to  the  Duke  of  Portland,  as  principal  minister  of  state.  No 
notice,  however,  was  taken  by  any  of  these  of  the  information  which  had  been 
thus  sent  them.  But  though  nothing  was  done  by  the  persons  then  in  power, 
in  consequence  of  the  murder  of  so  many  innocent  individuals,  yet  the  publi 
cation  of  an  account  of  it  by  Mr.  Sharp,  in  the  newspapers,  made  such  an 
impression  upon  others  that  new  coadjutors  rose  up. 


IN  ENGLAND  AND  AMERICA.  167 

_          \ 

In  the  year  1T84,  Dr.  Gregory  produced  his  "Essays  Historical  and  Moral." 
He  took  an  opportunity  of  disseminating  in  these  a  circumstantial  knowledge 
of  the  slave-trade,  and  an  equal  abhorrence  of  it  at  the  same  time.  He  ex 
plained  the  manner  of  procuring  slaves  in  Africa ;  the  treatment  of  them  in 
the  passage,  (in  which  he  mentioned  the  case  of  the  ship  Zong,)  and  the  cruel 
treatment  of  them  in  the  colonies.  He  recited  and  refuted  also  the  various 
arguments  adduced  in  defense  of  the  trade.  He  showed  that  it  vas  destruc 
tive  to  seamen.  He  produced  many  weighty  arguments  also  against  slavery 
itself.  He  proposed  clauses  for  an  act  of  parliament  for  the  abolition  of 
both  ;  showing  the  good  both  to  England  and  her  colonies  from  such  a  meas 
ure,  and  that  a  trade  might  be  substituted  in  Africa,  in  various  articles  for 
that  which  he  proposed  to  suppress. 

In  the  same  year,  James  Ramsay,  vicar  of  Teston  in  Kent,  became  also  an 
able,  zealous,  and  indefatigable  patron  of  the  African  cause.  This  gentleman 
had  resided  nineteen  years  in  the  island  of  St.  Christopher,  where  he  had 
observed  the  treatment  of  the  slaves,  and  had  studied  the  laws  relating  to 
them.  On  his  return  to  England,  yielding  to  his  own  feelings  of  duty,  and 
the  solicitations  of  some  friends,  he  published  a  work  which  he  called  "An 
Essay  on  the  Treatment  and  Conversion  of  the  African  Slaves  in  the  British 
Sugar  Colonies."  After  having  given  an  account  of  the  relative  situation  of 
master  and  slave  in  various  parts  of  the  world,  he  explained  the  low  and  de 
grading  situation  which  the  Africans  held  in  society  in  the  British  islands. 
He  showed  that  their  importance  would  be  increased,  and  the  temporal  inter 
est  of  their  masters  promoted,  by  giving  them  freedom,  and  by  granting  them 
other  privileges.  He  showed  the  great  difficulty  of  instructing  them  in  the 
state  in  which  they  then  were,  and  such  as  he  himself  had  experienced  both  in 
his  private  and  public  attempts,  and  such  as  others  had  experienced  also.  He 
stated  the  way  in  which  private  attempts  of  this  nature  might  probably  be 
successful.  He  then  answered  all  objections  against  their  capacities,  as  drawn 
from  philosophy,  form,  anatomy,  and  observation ;  and  vindicated  these  from 
his  own  experience.  And  lastly,  he  threw  out  ideas  for  the  improvement  of 
their  condition,  by  the  establishment  of  a  greater  number  of  spiritual  pastors 
among  them  ;  by  giving  them  more  privileges  than  they  then  possessed  ;  and 
by  extending  towards  them  the  benefits  of  a  proper  police.  Mr.  Ramsay  had 
no  other  motive  for  giving  this  work  to  the  public  than  that  of  humanity,  for 
he  compiled  it  at  the  hazard  of  forfeiting  that  friendship  which  he  had  con 
tracted  with  many  during  his  residence  in  the  islands,  and  of  suffering  much  in 
his  private  property,  as  well  as  subjecting  himself  to  the  ill-will  and  persecu 
tion  of  numerous  individuals. 

The  publication  of  this  book  by  one  who  professed  to  have  been  so  long  resi 
dent  in  the  islands,  and  to  have  been  an  eye-witness  of  facts,  produced,  as  may 
easily  be  supposed,  a  good  deal  of  conversation,  and  made  a  considerable  im 
pression,  but  particularly  at  this  time,  when  a  storm  was  visibly  gathering  over 
the  heads  of  the  oppressors  of  the  African  race. 

In  the  year  1785,  another  advocate  was  seen  in  Monsieur  Necker,  in  his  eel- 


168  EARLY    OPPONENTS  OF   SLAVEKY 

ebrated  work  on  the  French  Finances,  which  had  just  been  translated  into  the 
English  language  from  the  original  work,  in  1784.  This  virtuous  statesman, 
after  having  given  his  estimate  of  the  population  and  revenue  of  the  French 
West  Indian  colonies,  proceeds  thus  :  "  The  colonies  of  France  contain,  as 
we  have  seen,  near  five  hundred  thousand  slaves,  and  it  is  from  the  number  of 
these  poor  wretches  that  the  inhabitants  set  a  value  on  their  plantations.  What 
a  dreadful  prospect  1  and  how  profound  a  subject  for  reflection  !  Alas  1  how 
little  are  we  both  in  our  morality  and  our  principles  1  We  preach  up  human 
ity,  and  yet  go  every  year  to  bind  in  chains  twenty  thousand  natives  of  Africa  ! 
We  call  the  Moors  barbarians  and  ruffians,  because  they  attack  the  liberty  of 
Europeans  at  the  risk  of  their  own ;  yet  these  Europeans  go,  without  danger, 
and  as  mere  speculators,  to  purchase  slaves  by  gratifying  the  avarice  of  their 
masters,  and  excite  all  those  bloody  scenes,  which  are  the  usual  preliminaries 
of  this  traffic  !"  He  goes  on  still  further  in  the  same  strain.  He  then  shows 
the  kind  of  power  which  has  supported  this  execrable  trade.  He  throws  out 
the  idea  of  a  general  compact,  by  which  all  the  European  nations  should  agree 
to  abolish  it.  And  he  indulges  the  pleasing  hope  that  it  may  take  place  even 
in  the  present  generation. 

In  the  same  year  we  find  other  coadjutors  coming  before  our  view,  but  these 
in  a  line  different  from  that  in  which  any  other  belonging  to  this  class  had  yet 
moved.  Mr.  George  White,  a  clergyman  of  the  established  church,  and  Mr. 
John  Chubb,  suggested  to  Mr.  William  Tucket,  the  mayor  of  Bridgewater, 
where  they  resided,  and  to  others  of  that  town,  the  propriety  of  petitioning 
parliament  for  the  abolition  of  the  slave-trade.  This  petition  was  agreed  up 
on,  and  when  drawn  up,  was  as  follows  : 

"  The  humble  petition  of  the  inhabitants  of  Bridgewater  showeth :  That 
your  petitioners,  reflecting  with  the  deepest  sensibility  on  the  deplorable  con 
dition  of  that  part  of  the  human  species,  the  African  negroes,  who,  by  the 
most  flagitious  means,  are  reduced  to  slavery  and  misery  in  the  British  colonies, 
beg  leave  to  address  this  honorable  house  in  their  behalf,  and  to  express  a  just 
abhorrence  of  a  system  of  oppression,  which  no  prospect  of  private  gain,  no 
consideration  of  public  advantage,  no  plea  of  political  expediency,  can  suffi 
ciently  justify  or  excuse. 

"  That,  satisfied  as  your  petitioners  are  that  this  inhuman  system  meets  with 
the  general  execration  of  mankind,  they  flatter  themselves  the  day  is  not  far 
distant  when  it  will  be  universally  abolished.  And  they  most  ardently  hope  to 
see  a  British  parliament,  by  the  extinction  of  that  sanguinary  traffic,  extend  the 
blessings  of  liberty  to  millions  beyond  this  realm,  hold  up  to  an  enlightened 
world  a  glorious  and  merciful  example,  and  stand  foremost  in  the  defense  of 
the  violated  rights  of  human  nature." 

This  petition  was  presented  by  the  honorable  members  for  the  town  of 
Bridgewater.  It  was  ordered  to  lie  on  the  table.  The  answer  which  these 
gentlemen  gave  to  their  constituents  relative  to  the  reception  of  it  in  the  house 
of  commons,  is  worthy  of  notice  :  "  There  did  not  appear,"  say  they  in  their 
common  letter,  "the  least  disposition  to  pay  any  further  attention  to  it.  Every 


IN   ENGLAND   AND   AMERICA.  •    169 

one  says  that  the  abolition  of  the  slave-trade  must  immediately  throw  the  West 
Indian  islands  into  convulsions,  and  soon  complete  their  utter  ruin." 

Amongst  others,  the  amiable  and  gifted  Cowper  did  not  fail  to  utter  his  sen 
timents  in  regard  to  the  cruel  system.  Who  has  not  been  impressed  by  the 
following  lines  ? 

"  We  have  no  slaves  at  home — then  why  abroad  ? 

And  they  themselves  once  ferried  o'er  the  wave 

That  parts  us,  are  emancipate  and  loos'd. 

Slaves  cannot  breathe  in  England  ;  if  their  lungs 

Receive  our  air,  that  moment  they  are  free  ; 

They  touch  our  country,  and  their  shackles  fall. 

That 's  noble,  and  bespeaks  a  nation  proud 

And  jealous  of  the  blessing.     Spread  it  then, 

And  let  it  circulate  through  every  vein 

Of  all  your  empire — that  where  Britain's  pow'r 

Is  felt,  mankind  may  feel  her  mercy  too." 

George  Fox,  the  venerable  founder  of  the  society  of  the  Quakers,  took  strong 
and  decided  ground  against  the  slave-trade.  He  was  cotemporary  with  Rich 
ard  Baxter,  being  born  not  long  after  him,  and  dying  much  about  the  same 
time.  When  he  was  in  the  island  of  Barbadoes,  in  the  year  1611,  he  delivered 
himself  to  those  who  attended  his  religious  meetings  in  the  following  manner : 

"  Consider  with  yourselves,"  says  he,  "  if  you  were  in  the  same  condition  as 
the  poor  Africans  are,  who  came  strangers  to  you,  and  were  sold  to  you  as 
slaves ;  I  say,  if  this  should  be  the  condition  of  you  or  yours,  you  would  think 
it  a  hard  measure ;  yea,  and  very  great  bondage  and  cruelty ;  and  therefore  con 
sider  seriously  of  this  ;  and  do  you  for  them,  and  to  them,  as  you  would  willingly 
have  them,  or  any  others  do  unto  you,  were  you  in  the  like  slavish  condition." 

In  the  year  1727,  we  find  that  the  whole  society,  at  a  yearly  meeting  held  in 
London,  adopted  the  following  resolution  :  "  It  is  the  sense  of  this  meeting, 
that  the  importing  of  negroes  from  their  native  country  and  relations,  by  Friends, 
is  not  a  commendable  nor  allowed  practice,  and  is  therefore  censured  by  this 
meeting." 

In  the  year  1158,  the  Quakers  thought  it  their  duty,  as  a  body,  to  pass  an 
other  resolution  upon  this  subject.  At  this  time  the  nature  of  the  trade  begin 
ning  to  be  better  known,  we  find  them  more  animated  upon  it,  &<*  the  following 
extract  will  show : 

"We  fervently  warn  all  in  profession  with  us,  that  they  carefully  avoid  be 
ing  any  way  concerned  in  reaping  the  unrighteous  profits  arising  from  the  in 
iquitous  practice  of  dealing  in  negro  or  other  slaves;  whereby,  in  the  original 
uurchase,  one  man  selleth  another,  as  he  doth  the  beasts  that  perish,  without  any 
better  pretension  to  a  property  in  him  than  that  of  superior  force ;  in  direct 
violation  of  the  Gospel  rule,  which  teacheth  all  to  do  as  they  would  be  done 
by,  and  to  do  good  to  all ;  being  the  reverse  of  that  covetous  disposition  which 
furnisheth  encouragement  to  those  poor  ignorant  people  to  perpetuate  their 
savage  wars,  in  order  to  supply  the  demands  of  this  most  unnatural  traffic,  by 
which  great  numbers  of  mankind,  free  by  nature,  are  subject  to  inextricable 


EARLY  OPPONENTS  OF  SLAVERY 

•  -  •  .''.'"••    ,?4_        -,  ,      :•         v  J.i_-_- 

bondage ;  and  which  hath  often  been  observed  to  fill  their  possessors  with 
haughtiness,  tyranny,  luxury,  and  barbarity,  corrupting  the  minds  and  debasing 
the  morals  of  their  children,  to  the  unspeakable  prejudice  of  religion  and  vir 
tue,  and  the  exclusion  of  that  holy  spirit  of  universal  love,  meekness,  and  char 
ity,  which  is  the  unchangeable  nature  and  the  glory  of  true  Christianity.  We 
therefore  can  do  no  less  than,  with  the  greatest  earnestness,  impress  it  upon 
Friends  every  where,  that  they  endeavor  to  keep  their  hands  clear  of  this  un 
righteous  gain  of  oppression." 

At  the  yearly  meeting  of  1761,  they  agreed  to  exclude  from  membership 
such  as  should  be  found  concerned  in  this  trade  ;  and  in  the  meeting  of  1763, 
they  endeavored  to  draw  the  cords  still  tighter,  by  attaching  criminality  to  those 
who  should  aid  and  abet  the  trade  in  any  manner. 

The  society  was  now  ready  to  make  an  appeal  to  others,  and  to  bear  a  more 
public  testimony  in  favor  of  the  injured  Africans.  Accordingly,  in  the  month 
of  June,  1783,  when  a  bill  had  been  brought  into  the  house  of  commons  for 
certain  regulations  to  be  made  with  respect  to  the  African  trade,  the  society 
sent  the  following  petition  to  that  branch  of  the  legislature  : 

"Your  petitioners,  met  in  this  their  annual  assembly,  having  solemnly  consid 
ered  the  state  of  the  enslaved  negroes,  conceive  themselves  engaged,  in  religious 
duty,  to  lay  the  suffering  situation  of  that  unhappy  people  before  you,  as  a  sub 
ject  loudly  calling  for  the  humane  interposition  of  the  legislature. 

"  Your  petitioners  regret  that  a  nation  professing  the  Christian  faith,  should 
so  far  counteract  the  principles  of  humanity  and  justice,  as  by  the  cruel  treat 
ment  of  this  oppressed  race  to  fill  their  minds  with  prejudices  against  the  mild 
and  benificent  doctrines  of  the  Gospel. 

"  Under  the  countenance  of  the  laws  of  this  country,  many  thousands  of 
these  our  fellow-creatures,  entitled  to  the  natural  rights  of  mankind,  are  held 
as  personal  property  in  cruel  bondage  ;  and  your  petitioners  being  informed 
that  a  bill  for  the  regulation  of  the  African  trade  is  now  before  the  house, 
containing  a  clause  which  restrains  the  officers  of  the  African  company  from 
exporting  negroes,  your  petitioners,  deeply  affected  with  a  consideration  of  the 
rapine,  oppression,  and  bloodshed  attending  this  traffic,  humbly  request  that 
this  restriction  may  be  extended  to  all  persons  whomsoever,  or  that  the  house 
would  grant  such  other  relief  in  the  premises  as  in  its  wisdom  may  seem  meet." 

This  petition  was  presented  by  Sir  Cecil  Wray,  who,  on  introducing  it,  spoke 
very  respectfully  of  the  society.  He  declared  his  hearty  approbation  of  their 
application,  and  said  he  hoped  he  should  see  the  day  when  not  a  slave  would 
remain  within  the  dominions  of  this  realm.  Lord  North  seconded  the  motion, 
saying  he  could  have  no  objection  to  the  petition,  and  that  its  object  ought  to 
recommend  it  to  every  humane  breast ;  that  it  did  credit  to  the  most  benevo 
lent  society  in  the  world  ;  but  that,  the  session  being  so  far  advanced,  the  sub 
ject  could  not  then  be  taken  into  consideration  ;  and  he  regretted  that  the  slave- 
trade,  against  which  the  petition  was  so  justly  directed,  was,  in  a  commercial 
view,  necessary  to  almost  every  nation  of  Europe.  The  petition  was  then 
brought  up  and  read,  after  which  it  was  ordered  to  lie  on  the  table.  This  was 


IN  ENGLAND   AND   AMERICA.  f    171 

the  first  petition  (being  two  years  earlier  than  that  from  the  inhabitants  of 
Bridgewater)  which  was  ever  presented  to  parliament  for  the  abolition  of  the 
slave-trade. 

In  the  same  year,  1783,  an  event  occurred  which  will  be  found  of  great  im 
portance,  and  in  which  only  individuals  belonging  to  the  society  were  concerned. 
This  event  seems  to  have  arisen  naturally  out  of  existing  or  past  circumstances. 
For  the  society,  as  before  stated,  had  sent  a  petition  to  parliament  in  this  year, 
praying  for  the  abolition  of  the  slave-trade.  It  has  also  laid  the  foundation 
for  a  public  distribution  of  books,  which  had  been  published  with  a  view  of  en 
lightening  others.  The  case  of  .the  ship  Zong  had  occurred  this  same  year. 
A  letter  also  had  been  presented,  much  about  the  same  time,  by  Benjamin 
West,  from  Anthony  Benezet,  in  America,  to  the  Queen,  in  behalf  of  the  in 
jured  Africans,  which  she  had  received  graciously.  These  subjects  occupied  at 
this  time  the  attention  of  many  Quaker  families,  and  among  others,  that  of  a 
few  individuals  who  were  in  close  intimacy  with  each  other.  These,  when  they 
met  together,  frequently  conversed  upon  them.  They  perceived,  as  facts  came 
out  in  conversation,  that  there  was  a  growing  knowledge  and  hatred  of  the 
slave-trade,  and  that  the  temper  of  the  times  was  ripening  towards  its  aboli 
tion.  Hence  a  disposition  manifested  itself  among  these,  to  unite  as  laborers 
for  the  furtherance  of  so  desirable  an  object.  An  union  was  at  length  proposed 
and  approved  of.  The  first  meeting  was  held  on  the  seventh  of  July,  It 83. 
At  this  "they  assembled  to  consider  what  steps  they  should  take  for  the  relief 
and  liberation  of  the  negro  slaves  in  the  West  Indies,  and  for  the  discourage 
ment  of  the  slave-trade  on  the  coast  of  Africa." 

To  promote  this  object,  they  conceived  it  necessary  that  the  public  mind 
should  be  enlightened  respecting  it.  They  had  recourse  therefore  to  the  pub 
lic  papers,  and  they  appointed  their  members  in  turn  to  write  in  these,  and  to 
see  that  their  productions  were  inserted.  They  kept  regular  minutes  for  this 
purpose.  It  was  not,  however,  known  to  the  world  that  such  an  association 
existed. 

This  was  the  first  society  ever  formed  in  England  for  the  promotion  of  the 
abolition  of  the  slave-trade. 

The  Quakers  in  America  early  manifested  a  deep  and  compassionate  feeling 
toward  the  afflicted  African.  It  is  true  that,  at  first,  they  with  others  became 
the  owners  of  slaves,  the  manner  in  which  they  were  procured  not  being  at  that 
time  generally  known.  Most  of  them,  however,  treated  their  slaves  with  great 
kindness.  But  notwithstanding  their  mildness  toward  them,  and  the  conse 
quent  content  of  their  slaves,  some  of  the  society  soon  began  to  entertain 
doubts  in  regard  to  the  lawfulness  of  holding  the  negroes  in  bondage  at  all. 

So  early  as  in  the  year  1688,  some  emigrants  from  Krieshiem,  in  Germany, 
who  had  adopted  the  principles  of  William  Penn,  and  followed  him  into  Penn 
sylvania,  urged  in  the  yearly  meeting  of  the  society  there,  the  inconsistency  of 
buying,  selling,  and  holding  men  in  slavery,  with  the  principles  of  the  Christian 
religion. 

In  the  year  1696,  the  yearly  meeting  for  that  province  took  up  the  subject 


172  t  EARLY   OPPONENTS   OF   SLAVERY 

as  a  public  concern,  and  the  result  was  advice  to  the  members  of  it  to  guard 
against  future  importations  of  African  slaves,  and  to  be  particularly  attentive 
to  the  treatment  of  those  who  were  then  in  their  possession. 

In  the  year  1711,  the  same  yearly  meeting  resumed  the  important  subject, 
and  confirmed  and  renewed  the  advice  which  had  been  before  given. 

In  the  year  IT 54,  the  same  meeting  issued  a  pertinent  and  truly  Christian 
letter  to  all  the  members  within  its  jurisdiction.  This  letter  contained  exhor 
tations  to  all  in  the  connection  to  desist  from  purchasing  and  importing  slaves, 
and,  where  they  possessed  them,  to  have  a  tender  consideration  of  their  condi 
tion.  But  that  the  first  part  of  the  subject  of  this  exhortation  might  be  en 
forced,  the  yearly  meeting  for  the  same  provinces  came  to  a  resolution,  in  1755, 
that  if  any  of  the  members  belonging  to  it  bought  or  imported  slaves,  the 
overseers  were  to  inform  their  respective  monthly  meetings  of  it,  that  "  these 
might  treat  with  them  as  they  might  be  directed  in  the  wisdom  of  truth. " 

In  the  year  1776,  the  same  yearly  meeting  carried  the  matter  still  further. 
It  was  then  enacted,  "  that  the  owner  of  slaves  who  refused  to  execute  proper 
instruments  for  giving  them  their  freedom,  were  to  be  disowned  likewise." 

In  1778,  it  was  enacted  by  the  same  meeting,  "that  the  children  of  those 
who  had  been  set  free  by  members  should  be  tenderly  advised,  and  have  a  suit 
able  education  given  them." 

Whilst  the  body  were  thus  decisive  in  their  measures,  individuals  of  the  so 
ciety  were  zealous  and  devoted  in  their  endeavors  to  promote  the  same  humane 
cause.  Amongst  these  Anthony  Benezet  stands  conspicuous.  This  distin 
guished  philanthropist  was  born  at  St.  Quintin,  in  Picardy,  of  a  respectable 
family,  in  the  year  1713.  His  father  was  one  of  the  many  protestants  who,  in 
consequence  of  the  persecutions  which  followed  the  revocation  of  the  edict  of 
Nantz,  sought  an  asylum  in  foreign  countries.  After  a  short  stay  in  Holland, 
he  settled,  with  his  wife  and  children,  in  London,  in  1715. 

Anthony  Benezet,  having  received  from  his  father  a  liberal  education,  served 
an  apprenticeship  in  an  eminent  mercantile  house  in  London.  In  1731,  how 
ever,  he  removed  with  his  family  to  Philadelphia,  where  he  joined  in  profession 
with  the  Quakers.  His  three  brothers  then  engaged  in  trade,  and  made  con 
siderable  pecuniary  acquisitions  in  it.  He  himself  might  have  partaken  of  their 
prosperity,  but  he  did  not  feel  himself  at  liberty  to  embark  in  their  undertak 
ings.  He  considered  the  accumulation  of  wealth  as  of  no  importance,  when 
compared  with  the  enjoyment  of  doing  good ;  and  he  chose  the  humble  situa 
tion  of  a  schoolmaster,  as  according  best  with  his  notion,  believing  that  by  en 
deavoring  to  train  up  youth  in  knowledge  and  virtue,  he  should  become  more 
extensively  useful  than  in  any  other  way  to  his  fellow-creatures.  He  had  not 
been  long  in  his  new  situation  before  he  manifested  such  an  uprightness  of  con 
duct,  such  a  courtesy  of  manners,  such  a  purity  of  intention,  and  such  a  spirit 
of  benevolence,  that  he  attracted  the  notice,  and  gained  the  good  opinion,  of 
the  inhabitants  among  whom  he  lived.  He  had  ready  access  to  them,  in  conse 
quence,  upon  all  occasions ;  and  if  there  were  any  whom  he  failed  to  influence 
at  any  of  these  times,  he  never  went  away  without  the  possession  of  their  respect 


IN  ENGLAND  AND  AMERICA.  173 

In  the  year  1756,  when  a  considerable  number  of  French  families  were  re 
moved  from  Acadia  into  Pennsylvania,  on  account  of  some  political  suspicions, 
he  felt  deeply  interested  about  them.  In  a  country  where  few  understood  their 
language,  they  were  wretched  and  helpless ;  but  Anthony  Benezet  endeavored 
to  soften  the  rigor  of  their  situation  by  his  kind  attention  towards  them.  He 
exerted  himself  also  in  their  behalf,  by  procuring  many  contributions  for  them, 
which,  by  the  consent  of  his  fellow-citizens,  were  entrusted  to  his  care. 

One  of  the  means  which  Anthony  Benezet  took  to  promote  the  cause  in  ques 
tion,  (and  an  effectual  one  it  proved,  as  far  as  it  went,)  was  to  give  his  scholars 
a  due  knowledge  and  proper  impressions  concerning  it.  Situated  as  they  were 
likely  to  be,  in  after  life,  in  a  country  where  slavery  was  a  custom,  he  thus  pre 
pared  many,  and  this  annually,  for  the  promotion  of  his  plans.  To  enlighten 
others,  and  to  give  them  a  similar  bias,  he  had  recourse  to  different  measures 
from  time  to  time.  In  the  almanacs  published  annually  in  Philadelphia,  he 
procured  articles  to  be  inserted,  which  he  believed  would  attract  the  notice  of 
the  reader,  and  make  him  pause,  at  least  for  a  while,  as  to  the  lawfulness  of 
the  slave-trade.  He  wrote,  also,  as  he  saw  occasion,  in  the  public  papers  of 
the  day.  From  small  things  he  proceeded  to  greater.  He  collected,  at  length, 
further  information  on  the  subject,  and,  winding  it  up  with  observations  and  re 
flections,  he  produced  several  little  tracts,  which  he  circulated  successively,  (but 
generally  at  his  own  expense,)  as  he  considered  them  adapted  to  the  temper 
and  circumstances  of  the  times.  In  the  course  of  this  employment,  having 
found  some  who  had  approved  his  tracts,  and  to  whom,  on  that  account,  he 
wished  to  write,  and  sending  his  tracts  to  others,  to  whom  he  thought  it  proper 
to  introduce  them  by  letter,  he  found  himself  engaged  in  a  correspondence 
which  much  engrossed  his  time,  but  which  proved  of  great  importance  in  pro 
curing  many  advocates  for  his  cause. 

In  the  year  1762,  when  he  had  obtained  a  still  greater  store  of  information, 
he  published  a  larger  work.  This  he  entitled,  "  A  Short  Account  of  that  Part 
of  Africa  inhabited  by  the  Negroes."  In  1767,  he  published  "A  Caution  and 
Warning  to  Great  Britain  and  her  Colonies,  on  the  Calamitous  State  of  the 
enslaved  Negroes  in  the  British  Dominions  .•"  and  soon  after  this  appeared 
"  A  Historical  Account  of  Guinea,  its  Situation,  Produce,  and  the  General 
Disposition  of  its  Inhabitants  ;  with  an  Inquiry  into  the  Rise  and  Progress 
of  the  Slave-trade,  its  Nature,  and  Calamitous  Effects."  This  pamphlet 
contained  a  clear  and  distinct  development  of  the  subject,  from  the  best  author 
ities.  It  contained  also  the  sentiments  of  many  enlightened  men  upon  it ;  and 
it  became  instrumental,  beyond  any  other  book  ever  before  published,  in  dissem 
inating  a  proper  knowledge  and  detestation  of  this  trade. 

Anthony  Benezet  may  be  considered  one  of  the  most  zealous,  vigilant,  and 
active  advocates  which  the  cause  of  the  oppressed  Africans  ever  had.  He 
seemed  to  have  been  born  and  to  have  lived  for  the  promotion  of  it,  and  there 
fore  he  never  omitted  any  the  least  opportunity  of  serving  it.  If  -a  person 
called  upon  him  who  was  going  a  journey,  his  first  thoughts  usually  were,  how 
he  could  make  him  an  instrument  in  its  favor ;  and  he  either  gave  him  tracts  to 


¥ 

174  EAKLY   OPPONENTS   OF   SLAVERY 

distribute,  or  he  sent  letters  by  him,  or  he  gave  him  some  commission  on  the 
subject,  so  that  he  was  the  means  of  employing  several  persons  at  the  same 
time,  in  various  parts  of  America,  in  advancing  the  work  he  had  undertaken. 

In  the  same  manner  he  availed  himself  of  every  other  circumstance,  as  far 
as  he  could,  to  the  same  end.  When  he  heard  that  Mr.  Granville  Sharp  had 
obtained,  in  the  year  IT 7 2,  the  verdict  in  the  case  of  Somerset,  the  slave,  he 
opened  a  correspondence  with  him,  which  he  kept  up,  that  there  might  be  an 
union  of  action  between  them  for  the  future,  as  far  as  it  could  be  effected,  and 
that  they  might  each  give  encouragement  to  the  other  to  proceed. 

He  wrote  also  a  letter  to  the  Countess  of  Huntingdon  on  the  following  sub 
ject  :  She  had  founded  a  college,  at  the  recommendation  of  George  White- 
field,  called  the  Orphan-house,  near  Savannah,  in  Georgia,  and  had  endowed 
it.  The  object  of  this  institution  was  to  furnish  scholastic  instruction  to  the 
poor,  and  to  prepare  some  of  them  for  the  ministry.  George  Whitefield,  ever 
attentive  to  the  cause  of  the  poor  Africans,  thought  that  this  institution  might 
have  been  useful  to  them  also  ;  but  soon  after  his  death,  they  who  succeeded 
him  bought  slaves,  and  these  in  unusual  numbers,  to  extend  the  rice  and  indigo 
plantations  belonging  to  the  college.  The  letter  then  in  question  was  written 
by  Anthony  Benezet,  in  order  to  lay  before  the  countess,  as  a  religious  woman, 
the  misery  she  was  occasioning  in  Africa,  by  allowing  the  managers  of  her  col 
lege  in  Georgia  to  give  encouragement  to  the  slave-trade.  The  countess  re 
plied  that  such  a  measure  should  never  have  her  countenance,  and  that  she 
would  take  care  to  prevent  it. 

On  discovering  that  the  Abbe"  Raynal  had  brought  out  his  celebrated  work, 
in  which  he  manifested  a  tender  feeling  in  behalf  of  the  injured  Africans,  he 
entered  into  a  correspondence  with  him,  hoping  to  make  him  yet  more  useful 
to  their  cause. 

Finding,  also,  in  the  year  IT 83,  that  the  slave-trade,  which  had  greatly  de 
clined  during  the  war,  was  reviving,  he  addressed  a  pathetic  letter  to  the  queen, 
who,  on  hearing  the  high  character  of  the  writer  of  it  from  Benjamin  West, 
received  it  with  marks  of  peculiar  condescension  and  attention.  The  following 
is  a  copy  of  it : 
"To  CHARLOTTE,  QUEEN  OP  GREAT  BRITAIN: 

"  Impressed  with  a  sense  of  religious  duty,  and  encouraged  by  the  opinion 
generally  entertained  of  thy  benevolent  disposition  to  succor  the  distressed,  I 
take  the  liberty,  very  respectfully,  to  offer  to  thy  perusal  some  tracts,  which  I 
believe  faithfully  describe  the  suffering  condition  of  many  hundred  thousand? 
of  our  fellow-creatures  of  the  African  race,  great  numbers  of  whom,  rent  froir 
every  tender  connection  in  life,  are  annually  taken  from  their  native  land,  to 
endure,  in  the  American  islands  and  plantations,  a  most  rigorous  and  cruel 
slavery ;  whereby  many,  very  many  of  them,  are  brought  to  a  melancholy  ana 
untimely  end. 

"  When  it  is  considered  that  the  inhabitants  of  Great  Britain,  who  are  them 
selves  so  eminently  blessed  in  the  enjoyment  of  religious  and  civil  liberty,  have 
long  been,  and  yet  are,  very  deeply  concerned  in  this  flagrant  violation  of  the 


IN  ENGLAND   AND   AMERICA.  175 

common  rights  of  mankind,  and  that  even  its  national  authority  is  exerted  in 
support  of  the  African  slave-trade,  there  is  much  reason  to  apprehend  that 
this  has  been,  and,  as  long  as  the  evil  exists,  will  continue  to  be,  an  occasion 
of  drawing  down  the  Divine  displeasure  on  the  nation  and  its  dependencies. 
May  these  considerations  induce  thee  to  interpose  thy  kind  endeavors  in  behalf 
of  this  greatly  injured  people,  whose  abject  situation  gives  them  an  additional 
claim  to  the  pity  and  assistance  of  the  generous  mind,  inasmuch  as  they  are 
altogether  deprived  of  the  means  of  soliciting  effectual  relief  for  themselves  5 
that  so  thou  mayest  not  only  be  a  blessed  instrument  in  the  hand  of  Him  '  by 
whom  kings  reign  and  princes  decree  justice,'  to  avert  the  awful  judgments  by 
which  the  empire  has  already  been  so  remarkably  shaken,  but  that  the  blessings 
of  thousands  ready  to  perish  may  come  upon  thee,  at  a  time  when  the  superior 
advantages  attendant  on  thy  situation  in  this  world  will  no  longer  be  of  any 
avail  to  thy  consolation  and  support. 

"  To  the  tracts  on  this  subject  to  which  I  have  thus  ventured  to  crave  thy 
particular  attention,  I  have  added  some  which  at  different  times  I  have  be 
lieved  it  my. duty  to  publish,*  and  which,  I  trust,  will  afford  thee  some  satisfac 
tion,  their  design  being  for  the  furtherance  of  that  universal  peace  and  good 
will  amongst  men,  which  the  gospel  was  intended  to  introduce. 

"  I  hope  thou  wilt  kindly  excuse  the  freedom  used  on  this  occasion  by  an 
ancient  man,  whose  mind,  for  more  than  forty  years  past,  has  been  much 
separated  from  the  common  intercourse  of  the  world,  and  long  painfully  exer 
cised  in  the  consideration  of  the  miseries  under  which  so  large  a  part  of  man 
kind,  equally  with  us  the  objects  of  redeeming  love,  are  suffering  the  most 
unjust  and  grievous  oppressions,  and  who  sincerely  desires  thy  temporal  and 
eternal  felicity,  and  that  of  thy  royal  consort.  ANTHONY  BENEZET." 

Anthony  Benezet,  besides  the  care  he  bestowed  upon  forwarding  the  cause 
of  the  oppressed  Africans  in  different  parts  of  the  world,  found  time  to  pro 
mote  the  comforts  and  improve  the  condition  of  those  in  the  state  in  which  he 
lived.  Apprehending  that  much  advantage  would  arise  both  to  them  and  the 
public,  from  instructing  them  in  common  learning,  he  zealously  promoted  the 
establishment  of  a  school  for  that  purpose.  Much  of  the  two  last  years  of  his 
life  he  devoted  to  a  personal  attendance  on  this  school,  being  earnestly  desirous 
that  they  who  came  to  it  might  be  better  qualified  for  the  enjoyment  of  that 
freedom  to  which  great  numbers  of  them  had  been  then  restored.  To  this  he 
sacrificed  the  superior  emoluments  of  his  former  school,  and  his  bodily  ease 
also,  although  the  weakness  of  his  constitution  seemed  to  demand  indulgence. 
By  his  last  will  he  directed,  that  after  the  decease  of  his  widow,  his  whole 
little  fortune,  the  savings  of  the  industry  of  fifty  years,  should,  except  a  few 
very  small  legacies,  be  applied  to  the  support  of  it.  During  his  attendance 
upon  it  he  had  the  happiness  to  find,  and  his  situation  enabled  him  to  make 
the  comparison,  that  Providence  had  been  equally  liberal  to  the  Africans  in 
genius  and  talents  as  to  other  people. 

*  These  related  to  the  principles  of  the  religious  society  of  the  Quakers. 


\ 


m 

176  EARLY   OPPONENTS   OF   SLAVERY 

After  a  few  days  illness  this  excellent  man  died  at  Philadelphia  in  the  spring 
of  1784.  The  interment  of  his  remains  was  attended  by  several  thousand  of 
all  ranks,  professions,  and  parties,  who  united  in  deploring  their  loss.  The 
mournful  procession  was  closed  by  some  hundreds  of  those  poor  Africans,  who 
had  been  personally  benefited  by  his  labors,  and  whose  behavior  on  the  occa 
sion  showed  the  gratitude  and  affection  they  considered  to  be  due  to  him  as 
their  own  private  benefactor,  as  well  as  the  benefactor  of  their  whole  race. 

Others  in  America  beside  the  Quakers,  early  took  the  part  of  the  oppress  - 
ed  Africans.  In  the  first  part  of  the  eighteenth  century,  Judge  Sewall,  of 
New  England,  came  forward  as  a  zealous  advocate  for  them.  He  addressed  a 
memorial  to  the  legislature,  which  he  called  The  Selling  of  Joseph,  and  in 
which  he  pleaded  their  cause  both  as  a  lawyer  and  a  Christian.  This  memo 
rial  produced  an  effect  upon  many,  but  particularly  upon  those  of  his  own  per 
suasion  ;  and  from  this  time  the  Presbyterians  appear  to  have  encouraged  a 
sympathy  in  their  favor. 

In  the  year  1739,  the  celebrated  George  Whitefield  became  an  instrument 
in  turning  the  attention  of  many  others  to  their  condition,  and  of  begetting  in 
these  a  fellow-sympathy  towards  them.  This  laborious  minister,  having  been 
deeply  affected  with  what  he  had  seen  in  the  course  of  his  travels  in  America, 
thought  it  his  duty  to  address  a  letter  from  Georgia  to  the  inhabitants  of 
Maryland,  Virginia,  and  North  and  South  Carolina.  This  letter  was  printed 
in  the  year  above  mentioned,  and  is  in  part  as  follows  : 

"  As  I  lately  passed  through  your  provinces  on  my  way  hither,  I  was  sen 
sibly  touched  with  a  fellow-feeling  for  the  miseries  of  the  poor  negroes. 
Whether  it  be  lawful  for  Christians  to  buy  slaves,  and  thereby  encourage  the 
nations  from  whom  they  are  bought  to  be  at  perpetual  war  with  each  other,  I 
shall  not  take  upon  me  to  determine.  Sure  I  am  it  is  sinful,  when  they  have 
bought  them,  to  use  them  as  bad  as  though  they  were  brutes,  nay,  worse ;  and 
whatever  particular  exceptions  there  may  be,  (as  I  would  charitably  hope  there 
are  some,)  I  fear  the  generality  of  you,  who  own  negroes,  are  liable  to  such  a 
charge ;  for  your  slaves,  I  believe,  work  as  hard,  if  not  harder,  than  the  horses 
whereon  you  ride.  These,  after  they  have  done  their  work,  are  fed  and  taken 
proper  care  of ;  but  many  negroes,  when  wearied  with  labor  on  your  plantations, 
have  been  obliged  to  grind  their  corn  after  their  return  home.  Your  dogs  are 
caressed  and  fondled  at  your  table  ;  but  your  slaves,  who  are  frequently  called 
dogs  or  beasts,  have  not  an  equal  privilege.  They  are  scarce  permitted  to 
pick  up  the  crumbs  which  fall  from  their  master's  table ;  not  to  mention  what 
numbers  have  been  given  up  to  the  inhuman  usage  of  cruel  task-masters,  who, 
by  their  unrelenting  scourges,  have  plowed  their  backs,  and  made  long  fur 
rows,  and  at  length  brought  them  even  unto  death.  When  passing  along  I 
have  viewed  your  plantations  cleared  and  cultivated,  many  spacious  houses 
built,  and  the  owners  of  them  faring  sumptuously  every  day,  my  blood  has  fre 
quently  almost  run  cold  within  me,  to  consider  how  many  of  your  slaves  had 
neither  convenient  food  to  eat  nor  proper  raiment  to  put  on,  notwithstanding 
most  of  the  comforts  you  enjoy  were  solely  owing  to  their  indefatigable  labors." 


IN  ENGLAND   AND   AMERICA.  177 

The  letter,  from  which  this  is  an  extract,  produced  a  desirable  effect  upon 
many  of  those  who  perused  it,  but  particularly  upon  such  as  began  to  be 
seriously  disposed  in  those  times.  And  as  George  Whitefield  continued  a 
firm  friend  to  the  Africans,  never  losing  an  opportunity  of  serving  them,  he 
interested,  in  the  course  of  his  useful  life,  many  thousands  of  his  followers  in 
their  favor. 

In  the  year  1772,  a  disposition  favorable  to  the  oppressed  Africans  became 
very  generally  manifest  in  some  of  the  American  Provinces.  The  house  o, 
burgesses  of  Virginia  even  presented  a  petition  to  the  king,  beseeching  his 
majesty  to  remove  all  those  restraints  on  his  governors  of  that  colony,  which 
inhibited  their  assent  to  such  laws  as  might  check  that  inhuman  and  impolitic 
commerce,  the  slave-trade  :  and  it  is  remarkable  that  the  refusal  of  the  British 
government  to  permit  the  colonists  to  exclude  slaves  from  among  them  by  law, 
was  enumerated  afterwards  among  the  public  reasons  for  separating  from  the 
mother  country. 

In  allusion  to  the  fact  just  stated,  Mr.  Jefferson,  in  his  draft  of  the  Declara 
tion  of  Independence,  said  :  "  He  (the  king  of  England)  has  waged  civil  war 
against  human  nature  itself,  violating  its  most  sacred  rights  of  life  and^  liberty, 
in  the  persons  of  a  distant  people,  who  never  offended  him  ;  captivating,  and 
carrying  them  into  slavery  in  another  hemisphere,  or  to  incur  miserable  death 
in  their  transportation  thither.  This  piratical  warfare,  the  opprobrium  of 
infidel  powers,  is  the  warfare  of  the  Christian  king  of  Great  Britain  :  deter 
mined  to  keep  open  a  market  where  MEN  should  be  bought  and  sold,  he 
prostituted  his  negative  for  suppressing  every  legislative  attempt  to  prohibit  or 
to  restrain  this  execrable  commerce ;  and,  that  this  assemblage  of  horrors 
might  want  no  fact  of  distinguished  dye,  he  is  now  exciting  those  very  people 
to  rise  in  arms  among  us,  and  to  purchase  that  liberty  of  which  he  has  de 
prived  them,  by  murdering  the  people  upon  whom  he  also  obtruded  them,  thus 
paying  off  former  crimes,  committed  against  the  liberties  of  one  people,  with 
crimes  which  he  urges  them  to  commit  against  the  lives  of  another."  (See 
the  fac-simile  of  this  draft  in  Jefferson's  Correspondence.)  But  this  passage 
was  struck  out  when  the  Declaration  of  Independence  was  adopted. 

But  the  friendly  disposition  was  greatly  increased  in  the  year  1773,  by  the 
literary  labors  of  Dr.  Benjamin  Rush,  of  Philadelphia.  In  this  year,  at  the 
instigation  of  Anthony  Benezet,  he  took  up  the  cause  of  the  oppressed  Afri 
cans  in  a  little  work,  which  he  entitled  An  Address  to  the  Inhabitants  of  the 
British  Settlements  on  the  Slavery  of  the  Negroes;  and  soon  afterward?  in 
another,  which  was  a  vindication  of  the  first,  in  Answer  to  an  acrimonious 
attack  by  a  West  Indian  planter.  These  publications  contained  many  new 
observations.  They  were  written  in  a  polished  style  ;  and  while  they  exhibited 
the  erudition  and  talents,  they  showed  the  liberality  and  benevolence  of  the 
author.  Having  had  considerable  circulation,  they  spread  conviction  among 
many,  and  promoted  the  cause  for  which  they  had  been  so  laudably  under 
taken. 

12 


178  EARLY    OPPONENTS    OF   SLAVERY 

In  the  next  year,  or  in  the  year  1114,*  the  increased  good- will  towards  the 
Africans  became  so  apparent,  but  more  particularly  in  Pennsylvania,  where 
the  Quakers  were  more  numerous  than  in  any  other  state,  that  they,  who  con 
sidered  themselves  more  immediately  as  the  friends  of  those  injured  people, 
thought  it  right  to  avail  themselves  of  it :  and  accordingly  James  Pembertou, 
one  of  the  most  conspicuous  of  the  Quakers  in  Pennsylvania,  and  Dr.  Rush, 
one  of  the  most  conspicuous  of  those  belonging  to  the  various  other  religious 
communities  in  that  province,  undertook,  in  conjunction  with  others,  the  im 
portant  task  of  bringing  those  into  society  who  were  friendly  to  this  cause. 
In  this  undertaking  they  succeeded.  This  society,  which  was  confined  to 
Pennsylvania,  was  the  first  ever  formed  in  America,  in  which  there  was  a  union 
of  persons  of  different  religious  denominations  in  behalf  of  the  African  race. 

But  this  society  had  scarcely  bugun  to  act,  when  the  war  broke  out  between 
England  and  America,  which  had  the  effect  of  checking  its  operations.  This 
was  considered  as  a  severe  blow  upon  it.  But  as  those  things  which  appear 
most  to  our  disadvantage  turn  out  often  the  most  to  our  benefit,  so  the  war,  by 
giving  birth  to  the  independence  of  America,  was  ultimately  favorable  to  its 
progress.  For  as  this  contest  had  produced  during  its  continuance,  so  it  left, 
when  it  was  over,  a  general  enthusiasm  for  liberty.  Many  talked  of  little 
else  but  of  the  freedom  they  had  gained.  These  were  naturally  led  to  the  con 
sideration  of  those  among  them  who  were  groaning  in  bondage.  They  began 
to  feel  for  their  hard  case.  They  began  to  think  that  they  should  not  deserve 
the  new  blessing  which  they  had  acquired,  if  they  denied  it  to  others.  Thus 
the  discussions  which  originated  in  this  contest,  became  the  occasion  of  turn 
ing  the  attention  of  many,  who  might  not  otherwise  have  thought  of  it, 
toward  the  miserable  condition  of  the  slaves. 

Nor  were  writers  wanting,  who,  influenced  by  considerations  on  the  war  and 
the  independence  resulting  from  it,  made  their  works  subservient  to  the  same 
benevolent  end.  A  work  entitled,  A  Serious  Address  to  the  Eiders  of 
America  on  the  Inconsistency  of  their  Conduct  respecting  Slavery,  form 
ing  a  Contrast  between  the  Encroachments  of  England  on  American  Lib 
erty  and  American  Injustice  in  tolerating  Slavery,  which  appeared  in  1183, 
was  particularly  instrumental  in  producing  this  effect.  This  excited  a  more 
than  usual  attention  to  the  case  of  these  oppressed  people,  and  where  most  of 
all  it  could  be  useful.  For  the  author  compared  in  two  opposite  columns  the 
animated  speeches  and  resolutions  of  the  members  of  congress  in  behalf  of 
their  own  liberty  with  their  conduct  in  continuing  slavery  to  others.  Hence 
congress  began  to  feel  the  inconsistency  of  the  practice ;  and  so  far  had  the 
sense  of  this  inconsistency  spread,  that  when  the  delegates  met  from  each 
state  to  consider  of  a  federal  union,  there  was  a  desire  that  the  abolition  of 
the  slave-trade  should  be  one  of  the  articles  of  it.  This  was,  however,  op- 


*In  this- year,  Elhanan  Winchester,  a  supporter  of  the  doctrine  of  universal  redemp 
tion,  turned  the  attention  of  many  of  his  hearers  to  this  subject,  both  by  private  con 
ference  and  by  preaching  expressly  upon  it. 


IN   ENGLAND   AND   AMERICA.  179 

posed  by  the  delegates  from  North  and  South  Carolina,  Virginia,  Maryland, 
and  Georgia,  the  five  states  which  had  the  greatest  interest  in  slaves.  But 
even  these  offered  to  agree  to  the  article,  provided  a  condition  was  annexed  to 
it,  which  was  afterwards  done,  that  such  abolition  should  not  commence  till 
the  first  of  January,  1808. 

In  consequence  of  these  circumstances,  the  society  of  Pennsylvania,  the 
object  of  which  was  "  for  promoting  the  abolition  of  slavery  and  the  relief  of 
free  negroes  unlawfully  held  in  bondage,"  became  so  popular,  that  in  the  year 
1787,  it  was  thought  desirable  to  enlarge  it.  Accordingly,  several  new  mem 
bers  were  admitted  into  it.  The  celebrated  Dr.  Franklin,  who  had  long 
warmly  espoused  the  cause  of  the  injured  Africans,  was  appointed  President ; 
James  Pemberton  and  Jonathan  Penrose  were  appointed  Yice-Presidents ; 
Dr.  Benjamin  Rush  and  Tench  Coxe,  Secretaries;  James  Star,  Treasurer.* 


CHAPTER    XIII. 

MOVEMENTS  IN  ENGLAND  TO  ABOLISH  THE  SLAVE  TRADE. 

Thomas  Clarkson,  the  historian  of  the  Abolition  of  the  Slave  Trade. — Devotes  his  life 
to  the  cause,  1785. — Publishes  his  Essay  on  Slavery. — His  coadjutors. — William  Wil- 
berforce,  parliamentary  leader  in  the  cause. — Middleton,  Dr.  Porteus,  Lord  Sears- 
dale,  Granville  Sharp. — Clarkson's  first  visit  to  a  slave-ship. — Association  formed. — 
Correspondence  opened  in  Europe  and  America. — Petitions  sent  to  Parliament. — Com 
mittee  of  Privy  Council  ordered  by  the  King,  1788. — Great  exertions  of  the  friends 
of  the  cause. — Clarkson's  interview  with  Pitt. 

JL  HE  historian  of  the  Abolition  of  the  Slave  Trade  by  the  British  Parlia 
ment  was  Mr.  Thomas  Clarkson.  He  was  among  the  warmest  supporters  of 
the  sacred  cause,  and  from  the  year  1785  he  devoted  his  life  to  it.  The  vari 
ous  measures  pursued  to  promote  it,  were  registered  at  the  time,  either  by 
himself  or  the  committee  with  whom  he  acted.  Not  the  shadow  of  a  doubt 
has  ever  been  expressed  as  to  the  authenticity  of  his  work,  and  we  cannot  pre 
sent  information  on  this  subject  in  a  more  satisfactory  manner  than  by  giving 
the  reader  a  concise  abridgement  of  the  work  itself. 

Besides  Mr.  Clarkson,  there  was  another  individual  of  whose  mind  the  sub 
ject  took  a  deep  hold.  This  was  William  Wilberforce.  In  October,  1757, 
he  entered  upon  his  journal  that  "the  Almighty  had  placed  before  him  the 
great  object  of  the  abolition  of  the  slave-trade."  Clarkson  and  Wilberforce, 
the  twin  spirits  of  the  movement,  were  soon  able  to  form  a  powerful  confeder 
acy,  including  men  of  all  parties,  and  to  impress  the  mind  of  the  nation. 

Dr.  Peckard,  master  of  Magdalen  College,  in  the  University  of  Cambridge, 

*  Abridged  from  Clarkson's  History. 


180  HISTORY  OF  THE  ABOLITION 

had  not  only  censured  the  slave-trade  in  the  severest  manner,  in  a  sermon 
preached  before  the  University,  but  when  he  became  vice-chancellor  of  it,  in 
If  85,  he  gave  out  the  following  subject  for  one  of  the  Latin  dissertations  :  "Is 
it  right  to  make  slaves  of  others  against  their  will  ?  "  At  this  time  Mr.  Clark- 
son,  who  had  obtained  the  prize  for  the  best  essay  the  preceding  year,  deter 
mined  to  become  again  a  candidate.  He  took  prodigious  pains  to  make 
himself  master  of  the  subject,  as  far  as  the  time  would. allow,  both  by  reading, 
and  conversing  with  many  persons  who  had  been  in  Africa.  Having  completed 
his  Latin  essay,  and  sent  it  in  to  the  vice-chancellor,  he  soon  found  himself 
honored  with  the  first  prize.  The  subject  of  the  essay  so  entirely  engrossed 
his  thoughts  that  he  became  seriously  affected.  He  tried  to  persuade  himself 
that  the  contents  of  the  essay  were  not  true.  The  more,  however,  he  reflected 
upon  his  authorities,  the  more  he  gave  them  credit,  until  he  finally  became  con 
vinced  that  it  was  the  duty  of  some  one  to  endeavor  to  mitigate  the  sufferings 
of  the  unhappy  Africans.  He  finally  resolved  to  devote  his  own  life  to  the 
cause.  When  this  resolution  was  formed  he  was  but  twenty-four  years  of  age, 
and  he  considered  his  youth  and  want  of  knowledge  of  the  world  as  a  great 
obstacle.  He  thought,  however,  that  there  was  one  way  in  which  he  might 
begin  to  be  useful ;  by  translating  his  Latin  essay,  and  publishing  it  in  Eng 
lish. 

Of  this  period  of  his  life  and  labors  he  says :  "In  the  course  of  the  autumn 
of  this  year  (1785),  I  walked  frequently  into  the  woods  that  I  might  think  on 
the  subject  of  the  slave-trade  in  solitude.  But  there  the  question  still  occurred, 
'  Are  these  things  true  ? '  Still  the  answer  followed  as  instantaneously,  '  They 
are.'  Still  the  result  accompanied  it,  'Then  surely  some  person  should  inter 
fere.'  I  then  began  to  envy  those  who  had  seats  in  parliament,  and  who  had 
great  riches,  and  widely  extended  connexions,  which  would  enable  them  to  take 
up  this  cause.  Finding  scarcely  any  one  at  that  time  who  thought  of  it,  I  was 
turned  frequently  to  myself.  But  here  many  difficulties  arose.  It  struck  me, 
among  others,  that  a  young  man  of  only  twenty-four  years  of  age  could  not 
have  that  solid  judgment,  or  knowledge  of  men,  manners,  and  things,  which 
were  requisite  to  qualify  him  to  undertake  a  task  of  such  magnitude  and  im 
portance  ;  and  with  whom  was  I  to  unite  ?  I  believed  also  that  it  looked  so 
much  like  one  of  the  feigned  labors  of  Hercules,  that  my  understanding 
would  be  suspected  if  I  proposed  it.  On  ruminating,  however,  on  the  sub 
ject,  I  found  one  thing  at  least  practicable,  and  that  this  also  was  in  my  power. 
I  could  translate  my  Latin  dissertation.  I  could  enlarge  it  usefully.  I  could 
see  how  the  public  received  it,  or  how  far  they  were  likely  to  favor  any  serious 
measures,  which  should  have  a  tendency  to  produce  the  abolition  of  the  slave- 
trade.  Upon  this,  then,  I  determined ;  and  in  the  middle  of  the  month  of 
November,  IT 85,  I  began  my  work.  By  the  middle  of  January  I  had  finished 
half  of  it,  though  I  had  made  considerable  additions.  I  now  thought  of  en 
gaging  with  some  bookseller  to  print  it  when  finished.  For  this  purpose  I 
called  upon  Mr.  Cadell,  in  the  Strand,  and  consulted  him  about  it.  He  said 
that  as  the  original  essay  had  been  honored  by  the  University  of  Cambridge 


-  •* 

OF  THE  AFRICAN  SLAVE  TRADE.  181 

with  the  first  prize,  this  circumstance  would  insure  it  a  respectable  circulation 
among  persons  of  taste.  I  own  I  was  not  much  pleased  with  his  opinion.  I 
wished  the  essay  to  find  its  way  among  useful  people,  and  among  such  as  would 
think  and  act  with  me.  Accordingly  I  left  Mr.  Cadell,  after  having  thanked 
him  for  his  civility,  and  determined,  as  I  thought  I  had  time  sufficient  before 
dinner,  to  call  upon  a  friend  in  the  city.  In  going  past  the  Royal  Exchange, 
Mr.  Joseph  Hancock,  one  of  the  religious  society  of  the  Quakers,  and  witl 
whose  family  my  own  had  been  long  united  in  friendship,  suddenly  met  me 
He  first  accosted  me  by  saying  that  I  was  the  person  whom  he  was  wishing  to 
see.  He  then  asked  me  why  I  had  not  published  my  prize  essay.  I  asked 
him  in  return  what  had  made  him  think  of  that  subject  in  particular.  He  re 
plied,  that  his  own  society  had  long  taken  it  up  as  a  religious  body,  and 
individuals  among  them  were  wishing  to  find  me  out.  I  asked  him  who.  He 
answered,  James  Phillips,  a  bookseller,  in  George-yard,  Lombard  street,  and 
William  Dillwyn,  of  Walthamstow,  and  others.  Having  but  little  time  to 
spare,  I  desired  him  to  introduce  me  to  one  of  them.  In  a  few  minutes  he 
took  me  to  James  Phillips,  who  was  then  the  only  one  of  them  in  town,  by 
whose  conversation  I  was  so  much  interested  and  encouraged,  that  without  any 
further  hesitation  I  offered  him  the  publication  of  my  work.  This  accidental 
introduction  of  me  to  James  Phillips  was,  I  found  afterwards,  a  most  happy 
circumstance  for  the  promotion  of  the  cause  which  I  had  then  so  deeply  at 
heart,  as  it  led  me  to  the  knowledge  of  several  of  those  who  became  after 
wards  material  coadjutors  in  it.  It  was  also  of  great  importance  to  me  with 
respect  to  the  work  itself,  for  he  possessed  an  acute  penetration,  a  solid  judg 
ment,  and  a  literary  knowledge,  which  he  proved  by  the  many  alterations  and 
additions  he  proposed,  and  which  I  believe  I  uniformly  adopted,  after  mature 
consideration,  from  a  sense  of  their  real  value.  It  was  advantageous  to  me 
also,  inasmuch  as  it  led  me  to  his  friendship,  which  was  never  interrupted  but 
by  his  death. 

"  On  my  second  visit  to  James  Phillips,  at  which  time  I  brought  him  about 
half  my  manuscript  for  the  press,  I  desired  him  to  introduce  me  to  William 
Dillwyn,  as  he  had  also  mentioned  him  to  me  on  my  first  visit,  and  as  I  had  not 
seen  Mr.  Hancock  since.  Matters  were  accordingly  arranged,  and  a  day  ap 
pointed  before  I  left  him.  On  this  day  I  had  my  first  interview  with  my  new 
friend.  Two  or  three  others  of  his  own  religious  society  were  present,  but  who 
they  were  I  do  not  now  recollect.  There  seemed  to  be  a  great  desire  among 
them  to  know  the  motive  by  which  I  had  been  actuated  in  contending  for  the 
prize.  I  told  them  frankly  that  I  had  no  motive  but  that  which  other  young 
men  in  the  University  had  on  such  occasions,  namely,  the  wish  of  being  distin 
guished,  or  of  obtaining  literary  honor ;  but  that  I  had  felt  so  deeply  on  the 
subject  of  it,  that  I  had  lately  interested  myself  in  it  from  a  motive  of  duty. 
My  conduct  seemed  to  be  highly  approved  by  those  present,  and  much  conver 
sation  ensued,  but  it  was  of  a  general  nature. 

"  As  William  Dillwyn  wished  very  much  to  see  me  at  his  house  at  Waltham- 
itow,  I  appointed  the  thirteenth  of  March  to  spend  the  day  with  him  there 


HISTORY  OF  THE  ABOLITION 

We  talked  for  the  most  part,  during  my  stay,  on  the  subject  of  my  essay.  I 
soon  discovered  the  treasure  I  had  met  with  in  his  local  knowledge,  both  of  the 
slave-trade  and  of  slavery,  as  they  existed  in  the  United  States,  and  I  gained 
from  him  several  facts,  which,  with  his  permission,  I  afterwards  inserted  in  my 
work.  But  how  surprised  was  I  to  hear,  in  the  course  of  our  conversation,  of 
the  labors  of  Granville  Sharp,  of  the  writings  of  Ramsay,  and  of  the  controver 
sy  in  which  the  latter  was  engaged,  of  all  which  I  had  hitherto  known  nothing. 
How  surprised  was  I  to  learn,  that  William  Dillwyn  himself  had  two  years  be 
fore  associated  himself  with  five  others  for  the  purpose  of  enlightening  the 
public  mind  upon  this  great  subject.  How  astonished  was  I  to  find  that  a 
society  had  been  formed  in  America  for  the  same  object,  with  some  of  the  prin 
cipal  members  of  which  he  was  intimately  acquainted.  And  how  still  more 
astonished  at  the  inference  which  instantly  rushed  upon  my  mind,  that  he  was 
capable  of  being  made  the  great  medium  of  connection  between  them  all. 
These  thoughts  almost  overpowered  me.  I  believe  that  after  this  I  talked  but 
little  more  to  my  friend.  My  mind  was  overwhelmed  with  the  thought  that  I 
had  been  providentially  directed  to  his  house ;  that  the  finger  of  Providence 
was  beginning  to  be  discernible  ;  that  the  day-star  of  African  liberty  was  rising^ 
and  that  probably  I  might  be  permitted  to  become  an  humble  instrument  in 
promoting  it. 

"  In  the  course  of  attending  to  my  work,  as  now  in  the  press,  James  Phillipa 
introduced  me  also  to  Granville  Sharp,  with  whom  I  had  afterwards  many  in 
teresting  interviews  from  time  to  time,  and  whom  I  discovered  to  be  a  distant 
relation  by  my  father's  side.  He  introduced  me  also  by  letter  to  a  correspond 
ence  with  Mr.  Ramsay,  who  in  a  short  time  afterwards  came  to  London  to  see 
me.  He  introduced  me  also  to  his  cousin,  Richard  Phillips,  of  Lincoln's  Inn, 
who  was  at  that  time  on  the  point  of  joining  the  religious  society  of  the  Qua 
kers.  In  him  I  found  much  sympathy,  and  a  willingness  to  cooperate  with  me. 
When  dull  and  disconsolate,  he  encouraged  me.  When  in  spirits,  he  stimulated 
me  further.  Him  I  am  now  to  mention  as  a  new,  but  soon  afterwards  as  an 
active  and  indefatigable  coadjutor  in  the  cause.  I  shall  only  now  add  that  my 
work  was  at  length  printed  ;  that  it  was  entitled,  An  Essay  on  the  Slavery  and 
Commerce  of  the  Human  Species,  particularly  the  African,  translated  from  a 
Latin  Dissertation,  which  was  honored  with  the  First  Prize  in  the  University 
of  Cambridge,  for  the  year  1785;  with  Additions;  and  that  it  was  ushered 
into  the  world  in  the  month  of  June,  1786,  or  in  abput  a  year  after  it  had 
)een  read  in  the  senate  house  in  its  first  form. 

"  I  had  long  had  the  honor  of  the  friendship  of  Mr.  Bennet  Langton,  and  I 
determined  to  carry  him  one  of  my  books,  and  to  interest  his  feelings  in  it, 
with  a  view  of  procuring  his  assistance  in  the  cause.  Mr.  Langton  was  a 
gentleman  of  an  ancient  family  and  respectable  fortune,  in  Lincolnshire,  but 
resided  then  in  Queen 's-square,  Westminster.  He  was  known  as  the  friend  of 
Dr.  Johnson,  Jonas  Hanway,  Edmund  Burke,  Sir  Joshua  Reynolds,  and  oth 
ers.  Among  his  acquaintance  indeed  were  most  of  the  literary,  and  eminent 
professional,  and  public-spirited  men  of  the  times.  At  court,  also,  he  was 


OF  TIDE  AFRICAN  SLAVE  TRADE.  183 

well  known,  and  had  the  esteem  of  his  majesty,  with  whom  he  frequently  con 
versed.  His  friends  were  numerous,  also,  in  both  houses  of  the  legislature. 
As  to  himself,  he  was  much  noted  for  his  learning,  but  most  of  all  for  the 
great  example  he  gave  with  respect  to  the  usefulness  and  integrity  of  his  life. 
By  introducing  my  work  to  the  sanction  of  a  friend  of  such  high  character 
and  extensive  connexions,  I  thought  I  should  be  doing  great  things.  And  so 
the  event  proved.  For  when  I  went  to  him  after  he  had  read  it,  I  found  that 
it  had  made  a  deep  impression  upon  his  mind.  As  a  friend  to  humanity,  he 
lamented  over  the  miseries  of  the  oppressed  Africans,  and  over  the  crimes  of 
their  tyrants  as  a  friend  to  morality  and  religion.  He  cautioned  me,  however, 
against  being  too  sanguine  in  my  expectations,  as  so  many  thousands  were 
interested  in  continuing  the  trade.  Justice,  however,  which  he  said  weighed 
with  him  beyond  all  private  or  political  interest,  demanded  a  public  inquiry, 
and  he  would  assist  me  to  the  utmost  of  his  power  in  my  attempts  towards  it. 
From  this  time  he  became  a  zealous  and  active  coadjutor  in  the  cause,  and 
continued  so  to  the  end  of  his  valuable  life. 

"  I  had  now  Sir  Cha.rles  Middleton,  who  was  in  the  House  of  Commons.  I 
was  sure  of  Dr.  Porteus,  who  was  in  the  House  of  Lords.  I  could  count 
upon  Lord  Scarsdale,  who  was  a  peer  also.  I  had  secured  Mr.  Langton,  who 
had  a  most  extensive  acquaintance  with  members  of  both  houses  of  the  Icgi.-,- 
lature.  I  had  also  secured  Dr.  Baker,  who  had  similar  connexions.  I  could 
depend  upon  Granville  Sharp,  James  Phillips,  Richard  Phillips,  Ramsay, 
Dillwyn,  and  the  little  committee  to  which  he  belonged,  as  well  as  the  whole 
society  of  the  Quakers.  I  thought,  therefore,  upon  the  whole,  that,  consider 
ing  the  short  time  I  had  been  at  work,  I  was  well  off  with  respect  to  support. 
I  believed,  also,  that  there  were  still  several  of  my  own  acquaintance  whom  I 
could  interest  in  the  question,  and  I  did  not  doubt  that  by  exerting  myself 
diligently,  persons  who  were  then  strangers  to  me  would  be  raised  up  in  time. 
I  considered  next,  that  it  was  impossible  for  a  great  cause  like  this  to  be  for 
warded  without  large  pecuniary  funds.  I  questioned  whether  some  thousand 
pounds  would  not  be  necessary,  and  from  whence  was  such  a  sum  to  come  ? 
In  answer  to  this,  I  persuaded  myself  that  generous  people  would  be  found 
who  would  unite  with  me  in  contributing  their  mite  towards  the  undertaking, 
and  I  seemed  confident  that  as  the  Quakers  had  taken  up  the  cause  as  a  reli 
gious  body,  they  would  not  be  behind  hand  in  supporting  it.  I  considered 
lastly,  that  if  I  took  up  the  question  I  must  devote  myself  wholly  to  it.  I 
was  sensible  that  a  little  labor  now  and  then  would  be  inadequate  to  the  pur 
pose,  or  that  where  the  interests  of  so  many  thousand  persons  were  likely  to 
be  affected,  constant  exertion  would  be  necessary.  I  felt  certain  that  if  ever 
the  matter  were  to  be  taken  up,  there  could  be  no  hope  of  success,  except  it 
should  be  takemip  by  some  one  who  would  make  it  an  object  or  business  of 
his  life.  I  thought,  too,  that  a  man's  life  might  not  be  more  than  adequate  to 
the  accomplishment  of  the  end.  But  I  knew  of  no  one  who  could  devote 
such  a  portion  of  time  to  it.  Sir  Charles  Middleton,  though  he  was  so  warm 
and  zealous,  wns  greatly  occupied  in  the  discharge  of  his  office.  Mr.  Langtou 


184  HISTORY  OF  THE  ABOLITION 

spent  a  great  portion  of  his  time  in  the  education  of  his  children.  Dr.  Baker 
had  a  great  deal  to  do  in  the  performance  of  his  parochial  duty.  The  Qua 
kers  were  almost  all  of  them  in  trade.  I  could  look,  therefore,  to  no  person 
but  myself;  and  the  question  was,  whether  I  was  prepared  to  make  the  sacri 
fice.  In  favor  of  the  undertaking  I  urged  to  myself,  that  never  was  any  cause 
which  had  been  taken  up  by  man  in  any  country,  or  in  any  age,  so  great  and 
important ;  that  never  was  there  one  in  which  so  much  misery  was  heard  to 
cry  for  redress ;  that  never  was  there  one  in  which  so  much  good  could  be 
done ;  never  one  in  which  the  duty  of  Christian  charity  could  be  so  extensively 
exercised ;  never  one  more  worthy  of  the  devotion  of  a  whole  life  towards  it ; 
and  that,  if  a  man  thought  properly,  he  ought  to  rejoice  to  have  been  called 
into  existence,  if  he  were  only  permitted  to  become  an  instrument  in  forward 
ing  it  in  any  part  of  its  progress.  Against  these  sentiments  on  the  other 
hand  I  had  to  urge,  that  I  had  been  designed  for  the  church ;  that  I  had 
already  advanced  as  far  as  deacon's  orders  in  it ;  that  my  prospects  there  on 
account  of  my  connexions  were  then  brilliant ;  that  by  appearing  to  desert  my 
profession  my  family  would  be  dissatisfied,  if  not  unhappy.  These  thoughts 
pressed  upon  me,  and  rendered  the  conflict  difficult.  But  the  sacrifice  of  my 
prospects  staggered  me,  I  own,  the  most.  When  the  other  objections,  which 
I  have  related,  occurred  to  me,  my  enthusiasm  instantly,  like  a  flash  of  light 
ning,  consumed  them ;  but  this  stuck  to  me  and  troubled  me.  I  had  ambition. 
I  had  a  thirst  after  worldly  interest  and  honors,  and  I  could  not  extinguish  it 
at  once.  I  was  more  than  two  hours  in  solitude  under  this  painful  conflict. 
At  length  I  yielded,  not  because  I  saw  any  reasonable  prospect  of  success  in 
my  new  undertaking,  (for  all  cool-headed  and  cool-hearted  men  would  have  pro 
nounced  against  it,)  but  in  obedience,  I  believe,  to  a  higher  power.  And  this 
I  can  say,  that  both  on  the  moment  of  this  resolution,  and  for  some  time  after 
wards,  I  had  more  sublime  and  happy  feelings  than  at  any  former  period  of 
my  life. 

"  The  distribution  of  my  books  having  been  consigned  to  proper  hands,  I 
began  to  qualify  myself  by  obtaining  further  knowledge  for  the  management 
of  this  great  cause.  As  I  had  obtained  the  principal  part  of  it  from  reading, 
I  thought  I  ought  now  to  see  what  could  be  seen,  and  to  know  from  living 
persons  what  could  be  known  on  the  subject.  With  respect  to  the  first  of 
these  points,  the  river  Thames  presented  itself  as  at  hand.  Ships  were  going 
occasionally  from  the  port  of  London  to  Africa,  and  why  could  I  not  get  on 
board  them  and  examine  for  myself?  After  diligent  inquiry,  I  heard  of  one 
which  had  just  arrived.  I  found  her  to  be  a  little  wood  vessel,  called  the 
Lively,  captain  Williamson,  or  one  which  traded  to  Africa  in  the  natural  pro 
ductions  of  the  country,  such  as  ivory,  beeswax,  Malaguetta  pepper,  palm-oil 
and  dye-woods.  I  obtained  specimens  of  some  of  these,  so  that  I  now  be 
came  possessed  of  some  of  those  things  of  which  I  had  only  read  before.  On 
conversing  with  the  mate,  he  showed  me  one  or  two  pieces  of  the  cloth  made 
by  the  natives,  and  from  their  own  cotton.  I  prevailed  upon  him  to  sell  me  a 
piece  of  each.  Here  new  feelings  arose,  and  particularly  when  I  considered 


OF  THE  AFRICAN  SLAVE  TRADE.  185 

tnat  persons  of  so  much  apparent  ingenuity,  and  capable  of  such  beautiful 
work  as  the  Africans,  should  be  made  slaves,  and  reduced  to  a  level  with  the 
brute  creation.  My  reflections  here  on  the  better  use  which  might  be  made 
of  Africa  by  the  substitution  of  another  trade,  and  on  the  better  use  which 
might  be  made  of  her  inhabitants,  served  greatly  to  animate  and  to  sustain  me 
against  the  labor  of  my  pursuits. 

"  The  next  vessel  I  boarded  was  the  Fly,  captain  Cooley.  Here  I  found 
myself  for  the  first  time  on  the  deck  of  a  slave  vessel.  The  sight  of  the  rooms 
below  and  of  the  gratings  above,  and  of  the  barricado  across  the  deck,  and 
the  explanation  of  the  uses  of  all  these,  filled  me  both  with  melancholy  and 
horror.  I  found  soon  afterwards  a  fire  of  indignation  kindled  within  me.  I 
had  now  scarce  patience  to  talk  with  those  on  board.  I  had  not  the  coolness 
this  first  time  to  go  leisurely  over  the  places  that  were  open  to  me.  I  got 
away  quickly.  But  that  which  I  thought  I  saw  horrible  in  this  vessel  had  the 
same  effect  upon  me  as  that  which  I  thought  I  had  seen  agreeable  in  the  other, 
namely,  to  animate  and  to  invigorate  me  in  my  pursuit. 

"  But  I  will  not  trouble  the  reader  with  any  further  account  of  my  water 
expeditions,  while  attempting  to  perfect  my  knowledge  upon  this  subject.  I 
was  equally  assiduous  in  obtaining  intelligence  wherever  it  could  be  had ;  and 
being  now  always  on  the  watch,  I  was  frequently  falling  in  with  individuals 
from  whom  I  gained  something.  My  object  was  to  see  all  who  had  been  in 
Africa,  but  more  particularly  those  who  had  never  been  interested,  or  who  at 
any  rate  were  not  then  interested  in  the  trade.  I  gained,  accordingly,  access 
very  early  to  general  Rooke ;  to  lieutenant  Dalrymple,  of  the  army ;  to  cap 
tain  Fiddes,  of  the  engineers  ;  to  the  reverend  Mr.  Newton  ;  to  Mr.  Nisbett, 
a  surgeon  in  the  Minories ;  to  Mr.  Devaynes,  who  was  then  in  parliament,  and 
to  many  others ;  and  I  made  it  a  rule  to  put  down  in  writing,  after  every  con 
versation,  what  had  taken  place  in  the  course  of  it.  By  these  means  things 
began  to  unfold  themselves  to  me  more  and  more,  and  I  found  my  stock  of 
knowledge  almost  daily  on  the  increase. 

While,  however,  I  was  forwarding  this,  I  was  not  inattentive  to  the  other 
object  of  my  pursuit,  which  was  that  of  waiting  upon  members  personally. 
The  first  I  called  upon  was  Sir  Richard  Hill.  At  the  first  interview  he  espoused 
the  cause.  I  waited  then  upon  others,  and  they  professed  themselves  friendly ; 
but  they  seemed  to  make  this  profession  more  from  the  emotion  of  good  hearts, 
revolting  at  the  bare  mention  of  the  slave-trade,  than  from  any  knowledge  con 
cerning  it.  One,  however,  whom  I  visited,  Mr.  Powys,  (the  late  Lord  Lilford,) 
with  whom  I  had  been  before  acquainted  in  Northamptonshire,  seemed  to 
doubt  some  of  the  facts  in  my  book,  from  a  belief  that  human  nature  was  not 
capable  of  proceeding  to  such  a  pitch  of  wickedness.  I  asked  him  to  name 
his  facts.  He  selected  the  case  of  the  hundred  and  thirty-two  slaves  who  were 
thrown  alive  into  the  sea  to  defraud  the  underwriters.  I  promised  to  satisfy 
him  fully  upon  this  point,  and  went  immediately  to  Granville  Sharp,  who  lent 
me  his  account  of  the  trial,  as  reported  at  large  from  the  notes  of  the  short 
hand  writer  whom  he  had  employed  on  the  occasion.  Mr.  Powys  read  the 


186  HISTORY    OF   THE   ABOLITION 

account.  He  became,  in  consequence  of  it,  convinced,  as,  indeed,  he  could  not 
otherwise  be,  of  the  truth  of  what  I  had  asserted,  and  he  declared  at,  the  same 
time  that,  if  this  were  true,  there  was  nothing  so  horrible  related  of  this  trade, 
which  might  not  immediately  be  believed.  Mr.  Povvys  had  been  always  friend 
ly  to  this  question,  but  now  he  took  a  part  in  the  distribution  of  my  books. 

"Among  those  whom  I  visited,  was  Mr.  Wilberforce.  On  my  first  interview 
with  him,  he  stated  frankly,  that  the  subject  had  often  employed  his  thoughts, 
and  that  it  was  near  his  heart.  He  seemed  earnest  about  it,  and  also  very 
desirous  of  taking  the  trouble  of  inquiring  further  into  it.  Having  read  my 
book,  which  I  had  delivered  to  him  in  person,  he  sent  for  me.  He  expressed 
a  wish  that  I  would  make  him  acquainted  with  some  of  my  authorities  for  the 
assertions  in  it,  which  I  did  afterwards  to  his  satisfaction.  He  asked  me  if  I 
could  support  it  by  any  other  evidence.  I  told  him  I  could.  I  mentioned 
Mr.  Newton,  Mr.  Nisbett,  and  several  others  to  him.  He  took  the  trouble  of 
sending  for  all  these.  He  made  memoranda  of  their  conversation,  and,  send 
ing  for  me  afterwards,  showed  them  to  me.  On  learning  my  intention  to 
devote  myself  to  the  cause,  he  paid  me  many  handsome  compliments.  He 
then  desired  me  to  call  upon  him  often,  and  to  acquaint  him  with  my  progress 
from  time  to  time.  He  expressed  also  his  willingness  to  afford  me  any  assist 
ance  in  his  power  in  the  prosecution  of  my  pursuits." 

Mr.  Wilberforce  finally  pledged  himself  to  bring  forward  the  great  question 
of  the  abolition  of  the  slave-trade,  in  the  House  of  Commons,  as  soon  as  he 
could  prepare  himself  for  so  tremendous  a  task.  The  matter  now  assumed  a 
new  shape.  A  parliamentary  leader  had  been  secured,  and  one  whose  virtuous 
life  corresponded  with  the  sacredness  of  the  cause  he  was  to  advocate.  The 
friends  of  the  cause  formed  themselves  into  an  association,  raised  funds,  and 
appointed  a  committee  to  procure  information  and  select  evidence.  Mr.  Clark- 
son  was  to  visit  Liverpool,  Bristol,  and  other  slave  ports,  to  increase  his  own 
knowledge  of  the  subject,  and  to  procure  evidence,  in  case  parliament  should 
call  for  witnesses.  He  was  absent  five  months,  and  returned  to  London  in 
December,  1787.  Meantime,  the  committee  had  opened  an  extensive  corres 
pondence  throughout  England,  Scotland,  and  America.  They  circulated  docu 
ments,  and  addressed  by  letter  all  the  corporate  bodies  of  the  kingdom.  Tokens 
of  approbation  and  promises  of  support  flowed  in  upon  them.  From  France, 
letters  of  encouragement  were  received  from  the  Marquis  de  La  Fayette,  and 
the  afterwards  celebrated  Brissot  and  Claviere.  La  Fayette  informed  the 
committee  that  he  should  attempt  the  formation  of  a  similar  society  in  France. 
Of  the  indefatigable  labors  and  untiring  faithfulness  of  the  committee,  th« 
following  summary  will  give  some  idea  :  From  May,  1787,  to  July,  1788,  they 
had  held  no  less  than  fifty-one  meetings.  These  generally  occupied  them  from 
about  six  in  the  evening  till  about  eleven  at  night.  In  the  intervals  between 
the  meetings  they  were  often  occupied,  having  each  of  them  some  object  com 
mitted  to  his  charge.  It  is  remarkable,  too,  that  though  they  were  all,  except 
one,  engaged  in  business  or  trade,  and  though  they  had  the  same  calls  as  other 
men  for  innocent  recreation,  and  the  same  interruptions  of  their  health,  there 


OF  THE  AFRICAN  SLAVE  TRADE.  187 

were  individuals  who  were  not  absent  more  than  five  or  six  times  within  this 
period.  In  the  course  of  the  thirteen  months,  during  which  they  had  exercised 
this  public  trust,  they  had  printed,  and  afterwards  distributed,  not  at  random, 
but  judiciously,  and  through  respectable  channels,  (besides  twenty-six  thousand 
five  hundred  and  twenty-six  reports,  accounts  of  debates  in  parliament,  and 
other  small  papers,)  no  less  than  fifty-one  thousand  four  hundred  and  thirty- 
two  pamphlets,  or  books. 

Thus  commenced  the  great  struggle  which  was  destined  to  last  for  a  period 
of  twenty  years  ;  a  struggle  with  the  gigantic  commercial  interest  of  Liverpool, 
Bristol,  and  other  ports,  and  the  proprietors  of  the  West  India  plantations. 

Up  to  the  month  of  February,  1788,  thirty-five  petitions  had  been  presented 
to  parliament,  in  favor  of  abolishing  the  trade.  These  proceedings  produced 
such  an  effect  upon  the  government,  that  the  king  was  advised  to  order  a  com 
mittee  of  privy  council  to  inquire  into  the  nature  of  the  slave-trade.  This 
was  dated  February  11,  1788,  and  required  the  committee  "to  take  into  their 
consideration  the  present  state  of  the  African  trade,  particularly  as  far  as 
related  to  the  practice  and  manner  of  purchasing  or  obtaining  slaves  on  the 
coast  of  Africa,  and  the  importation  and  sale  thereof,  either  in  the  British 
colonies  and  settlements,  or  in  the  foreign  colonies  and  settlements  in  America 
or  the  West  Indies ;  and  also  as  far  as  related  to  the  effects  and  consequences 
of  the  trade,  both  in  Africa  and  in  the  said  colonies  and  settlements,  and  to 
the  general  commerce  of  this  kingdom  ;  and  that  they  should  report  to  him  in 
council  the  result  of  their  inquiries,  with  such  observations  as  they  might  have 
to  offer  thereupon." 

An  effort  was  made  to  enlist  Mr.  Pitt  in  the  cause,  and  Mr.  Clarkson  thus 
describes  his  first  interview  with  that  great  statesman :  "  My  business  in  Lon 
don  was  to  hold  a  conversation  with  Mr.  Pitt  previously  to  the  meeting  of  the 
council,  and  to  try  to  interest  him,  as  the  first  minister  of  state,  in  our  favor. 
For  this  purpose,  Mr.  Wilberforce  had  opened  the  way  for  me,  and  an  inter 
view  took  place.  We  were  in  free  conversation  together  for  a  considerable 
time,  during  which  we  went  through  most  of  the  branches  of  the  subject.  Mr. 
Pitt  appeared  to  me  to  have  but  little  knowledge  of  it.  lie  had  also  his  doubts, 
which  he  expressed  openly,  on  many  points.  lie  was  at  a  loss  to  conceive 
how  private  interest  should  not  always  restrain  the  master  of  the  slave  from 
abusing  him.  This  matter  I  explained  to  him  as  well  as  I  could  ;  and  if  he 
was  not  entirely  satisfied  with  my  interpretation  of  it,  he  was  at  least  induced 
to  believe  that  cruel  practices  were  more  probable  than  he  had  imagined.  A 
second  circumstance,  the  truth  of  which  he  doubted,  was  the  mortality  and 
usage  of  seamen  in  this  trade ;  and  a  third  was  the  statement,  by  which  so 
much  had  been  made  of  the  riches  of  Africa,  and  of  the  genius  and  abilities  of 
her  people ;  for  he  seemed  at  a  loss  to  comprehend,  if  these  things  were  so, 
how  it  had  happened  that  they  should  not  have  been  more  generally  noticed 
before.  I  promised  to  satisfy  trim  upon  these  points,  and  an  interview  was 
fixed  for  this  purpose  the  next  day. 

"At  the  time  appointed,  I  went  with  my  books,  papers  and  African  produc- 


HISTORY  OF  THE  ABOLITION 

tions.  Mr.  Pitt  examined  the  former  himself.  He  turned  over  leaf  after  leaf, 
in  which  the  copies  of  the  muster-rolls  were  contained,  with  great  patience  ; 
and  when  he  had  looked  over  above  a  hundred  pages  accurately,  and  found  the 
name  of  every  seaman  inserted,  his  former  abode  or  service,  the  time  of  his 
entry,  and  what  had  become  of  him,  either  by  death,  discharge,  or  desertion, 
he  expressed  his  surprise  at  the  great  pains  which  had  been  taken  in  this  branch 
of  the  inquiry,  and  confessed,  with  some  emotion,  that  his  doubts  were  wholly 
removed  with  respect  to  the  destructive  nature  of  this  employment ;  and  he  said, 
moreover,  that  the  facts  contained  in  these  documents,  if  they  had  been  but 
fairly  copied,  could  never  be  disproved.  He  was  equally  astonished  at  the 
various  woods  and  other  productions  of  Africa,  but  most  of  all  at  the  manufac 
tures  of  the  natives  in  cotton,  leather,  gold,  and  iron,  which  were  laid  before 
him.  These  he  handled  and  examined  over  and  over  again.  Many  sublime 
thoughts  seemed  to  rush  in  upon  him  at  once  at  the  sight  of  these,  some  of 
which  he  expressed  with  observations  becoming  a  great  and  dignified  mind. 
He  thanked  me  for  the  light  I  had  given  him  on  many  of  the  branches  of  this 
great  question.  And  I  went  away  under  a  certain  conviction  that  I  had  left 
him  much  impressed  in  our  favor." 

The  first  witnesses  examined  by  the  council,  were  persons  sent  expressly  as 
delegates  from  Liverpool,  who  had  not  only  been  themselves  in  the  trade, 
but  were  at  that  time  interested  in  it.  They  endeavored  to  show  that  none  of 
the  enormities  charged  belonged  to  it ;  that  it  was  attended  with  circumstances 
highly  favorable  to  the  Africans ;  that  it  was  so  vitally  connected  with  the 
manufacturing  and  commercial  interests  of  the  country  that  it  would  be  almost 
national  ruin  to  abolish  it.  A  few,  but  highly  respectable  witnesses  upon  the 
other  side  were  called  before  the  council,  and  contributed  to  counteract  the 
testimony  of  the  Liverpool  delegates.  The  inquiry  continued  for  four  months, 
during  which  time  the  petitions  from  the  people  to  parliament  had  increased 
to  one  hundred  and  three. 


CHAPTER  XIV. 

PARLIAMENTARY  HISTORY. — THE  TWENTY  YEARS'  STRUGGLE. 

Mr,  Pitt  introduces  the  subject  of  the  Abolition  of  the  Slave-Trade  into  the  House  of 
Commons,  May  9,  1788. — Speech  of  Mr.  Pitt  on  the  occasion. — Parliamentary  action 
in  1789. — Debate  of  12th  of  May. — Speech  of  William  Wilberforce. — Travels  and  ex 
ertions  of  Clarkson. — Sessions  of  1791  and  1792. — Debates  in  the  Commons. — Speeches 
of  Wilberforce,  Pitt,  Fox,  Bailie,  Thornton,  Whitbread,  Dundas,  and  Jenkinson. — 
Gradual  abolition  agreed  upon  by  House  of  Commons. 


.R.  WILBERFORCE  had  been  preparing  to  introduce  the  subject  into 
the  House  of  Commons  when  he  was  taken  so  ill  that  his  life  was  despaired  of. 
Under  these  circumstances,  his  friend  Mr.  Pitt,  then  chancellor  of  the  exche- 


OF  THE  AFRICAN  SLAVE  TRADE.  8 

quer  and  prime  minister,  undertook  to  supply  his  place.     On  the  9th  of  May, 
1788,  he  opened  the  business  in  the  house. 

Mr.  Pitt  arose :  He  said  he  intended  to  move  a  resolution  relative  to  a 
subject  which  was  of  more  importance  than  any  which  had  ever  been  agitated 
in  that  house.  This  honor  he  should  not  have  had,  but  for  a  circumstance 
which  he  could  not  but  deeply  regret,  the  severe  indisposition  of  his  friend  Mr. 
"Wilberforce,  in  whose  hands  every  measure  which  belonged  to  justice,  human 
ity,  and  the  national  interest,  was  peculiarly  well  placed.  The  subject  in  ques 
tion  was  no  less  than  that  of  the  slave-trade.  It  was  obvious  from  the  great 
number  of  petitions  which  had  been  presented  concerning  it,  how  much  it  had 
engaged  the  public  attention,  and  consequently  how  much  it  deserved  the  seri 
ous  notice  of  that  house,  and  how  much  it  became  their  duty  to  take  some 
measure  concerning  it.  But  whatever  was  done  on  such  a  subject,  every  one 
would  agree,  ought  to  be  done  with  the  maturest  deliberation.  Two  opinions 
had  prevailed  without  doors,  as  appeared  from  the  language  of  the  different 
petitions.  It  had  been  pretty  generally  thought  that  the  African  slave-trade 
ought  to  be  abolished.  There  were  others,  however,  who  thought  it  only  stood 
in  need  of  regulations.  But  all  had  agreed  that  it  ought  not  to  remain  as  it 
stood  at  present.  But  that  measure  which  it  might  be  the  most  proper  to  take, 
could  only  be  discovered  by  a  cool,  patient,  and  diligent  examination  of  the 
subject  in  all  its  circumstances,  relations,  and  consequences.  This  had  induced 
him  to  form  an  opinion  that  the  present  was  not  the  proper  time  for  discussing 
it ;  for  the  session  was  now  far  advanced,  and  there  was  also  a  want  of  proper 
materials  for  the  full  information  of  the  house.  It  would,  he  thought,  be  bet 
ter  discussed,  when  it  might  produce  some  useful  debate,  and  when  that  inquiry 
which  had  been  instituted  by  his  majesty's  ministers,  (he  meant  the  examina 
tion  by  a  committee  of  privy  council,)  should  be  brought  to  such  a  state  of  ma 
turity  as  to  make  it  fit  that  the  result  of  it  should  be  laid  before  the  house. 
That  inquiry,  he  trusted,  would  facilitate  their  investigation,  and  enable  them 
the  better  to  proceed  to  a  decision,  which  should  be  equally  founded  on  princi 
ples  of  humanity,  justice,  and  sound  policy.  As  there  was  not  a  probability 
of  reaching  so  desirable  an  end  in  the  present  state  of  business,  he  meant  to 
move  a  resolution  to  pledge  the  house  to  the  discussion  of  the  question  early 
in  the  next  session.  If  by  that  time  his  honorable  friend  should  be  recovered, 
which  he  hoped  would  be  the  case,  then  he  (Mr  Wilberforce)  would  take  the 
lead  in  it ;  but  should  it  unfortunately  happen  otnerwise,  then  he  (the  chancel 
lor  of  the  exchequer)  pledged  himself  to  bring  forward  some  proposition  con 
cerning  it.  The  house,  however,  would  observe  that  he  had  studiously  avoided 
giving  any  opinion  of  his  own  on  this  great  subject.  He  thought  it  wiser  to 
defer  this  till  the  time  of  the  discussion  should  arrive.  He  concluded  with 
moving,  after  having  read  the  names  of  the  places  from  whence  the  different  pe 
titions  had  come,  "  That  this  house  will,  early  in  the  next  session  of  parliament, 
proceed  to  take  into  consideration  the  circumstances  of  the  slave-trade  com 
plained  of  in  the  said  petitions,  and  what  may  be  fit  to  be  done  thereupon." 

The  motion  of  Mr.  Pitt  was  warmly  discussed,  and  at  considerable  length 


190  HISTORY  OF  THE  ABOLITION 

The  principal  speakers  upon  it  were  Mr.  Fox,  Mr.  Burke,  Sir  William  Dol- 
ben,  Lord  Penrhyn,  and  Mr.  Gascoyn.  The  two  last  were  members  from  Liv 
erpool,  and  were  strongly  opposed  to  meddling  with  the  question  of  the  aboli 
tion  of  the  slave-trade  at  any  time. 

Mr.  Fox  wished  that  there  might  be  no  delay ;  he  said  he  was  sorry  the  con 
sideration  of  the  question,  but  more  particularly  where  so  much  human  suffering 
was  concerned,  should  be  put  off  to  another  session,  when  it  was  obvious  that 
no  advantage  could  be  gained  by  delay. 

At  length,  when  the  question  was  put,  the  resolution  was  agreed  to  unani 
mously.  Thus  ended  the  first  discussion  that  ever  took  place  in  the  commons 
on  this  important  subject.  This  debate,  though  many  of  the  persons  concerned 
in  it  abstained  cautiously  from  entering  into  the  merits  of  the  general  question, 
became  interesting  in  consequence  of  circumstances  attending  it.  Several  rose 
up  at  once  to  give  relief,  as  it  were,  to  their  feelings  by  utterance ;  but  by  so 
doing,  they  were  prevented,  many  of  them,  from  being  heard.  They  who  were 
heard,  spoke  with  peculiar  energy,  as  if  warmed  in  an  extraordinary  manner 
by  the  subject.  There  was  an  apparent  enthusiasm  in  behalf  of  the  injured 
Africans.  It  was  supposed  by  some  that  there  was  a  moment  in  which,  if  the 
chancellor  of  the  exchequer  had  moved  for  an  immediate  abolition  of  the  trade, 
he  would  have  carried  it  that  night. 

About  this  time,  Mr.  Clarkson  brought  out  his  powerful  essay  on  the  impol 
icy  of  the  slave-trade,  which  was  circulated  in  great  numbers  by  the  committee. 
Their  efforts  had  aroused  the  feelings  of  the  whole  English  nation,  and  had 
attracted  the  notice  of  many  distinguished  persons  throughout  Europe  and 
America.  As  soon  as  the  session  was  over,  Mr.  Clarkson  again  undertook  a 
journey,  visiting  all  the  seaports  between  Kent  and  Cornwall.  His  object  was 
to  find  out  new  witnesses  to  strengthen  the  cause,  and  form  auxiliary  commit 
tees.  The  committee,  meantime,  were  indefatigable ;  they  had  addressed  the 
rulers  of  Spain,  Portugal,  and  Sweden  ;  they  had  circulated  five  new  works, 
besides  the  engraving  which  we  have  copied  of  the  interior  of  a  slave  ship,  ex 
hibiting  the  closely  packed  bodies  of  the  negroes. 

On  the  19th  of  March,  1789,  Mr.  Wilberforce  moved  in  the  House  of  Com 
mons  that  the  house  should,  on  the  29th  of  April,  take  into  consideration  its 
resolution  of  the  last  session.  The  motion  was  agreed  to,  but  it  was  the  sig 
nal  for  all  those  who  supposed  themselves  interested  in  the  continuance  of  the 
trade,  such  as  merchants,  planters,  manufacturers,  mortgagees,  and  others,  to 
begin  a  tremendous  opposition.  Meetings  were  called,  and  frightful  resolu 
tions  passed.  The  public  papers  were  filled  with  them ;  and  pamphlets  issued, 
filled  with  the  most  bitter  invectives  against  all  engaged  in  the  movement, 
Emancipation  was  industriously  confounded  with  the  abolition  of  the  trade. 
Compensation  was  demanded  in  a  monstrous  degree.  The  cry  was  such  that 
many  began  to  be  staggered  about  the  propriety  of  the  total  abolition  of  the 
trade.  Calculations  exhibited  that  the  number  of  slaves  in  the  British  West 
Indies  amounted  to  410,000,  and  that  to  keep  up  that  number  the  annual  im 
portation  of  10,000  was  required;  that  the  English  procured  in  Africa  30,000 


OF  THE  AFRICAN  SLAVE  TRADE,  191 

annually,  and  therefore  could  sell  20,000  to  other  nations ;  that  in  the  prose 
cution  of  this  trade,  English  manufactures  to  the  amount  of  above  £800,000 
sterling  were  exported,  and  above  £1,400,000  in  value  obtained  in  return,  and 
that  the  government  received  £256,000  annually  by  the  slave  tax. 

The  report  of  the  privy  council,  consisting  of  the  examinations  before  men 
tioned,  was  laid  before  the  house,  and  that  all  might  have  a  chance  to  examine 
it,  Mr.  Pitt  moved  that  the  consideration  of  the  subject  be  postponed  from  the 
29th  of  April  to  the  12th  of  May. 

At  length  the  12th  of  May  arrived.  Mr.  Wilberforce  rose  up  in  the  com 
mons,  and  moved  the  order  of  the  day  for  the  house  to  resolve  itself  into  a 
committee  of  the  whole  house,  to  take  into  consideration  the  petitions  which 
had  been  presented  against  the  slave-trade. 

This  order  having  been  read,  he  moved  that  the  report  of  the  committee  of 
privy  council ;  that  the  acts  passed  in  the  islands  relative  to  slaves  ;  that  the 
evidence  adduced  last  year  on  the  slave-trade ;  that  the  petitions  offered  in 
the  last  session  against  the  slave-trade ;  and  that  the  accounts  presented  to 
the  house,  in  the  last  and  present  session,  relative  to  the  exports  'and  imports 
to  Africa,  be  referred  to  the  same  committee. 

These  motions  having  been  severally  agreed  to,  the  house  immediately 
resolved  itself  into  a  committee  of  the  whole  house,  and  Sir  William  Dolben 
was  put  into  the  chair. 

Mr.  Wilberforce  began  by  declaring  that  when  he  considered  how  much  dis 
cussion  the  subject,  which  he  was  about  to  explain  to  the  committee,  had 
occasioned  not  only  in  that  house  but  throughout  the  kingdom,  and  through 
out  Europe ;  and  when  he  considered  the  extent  and  importance  of  it,  the 
variety  of  interests  involved  in  it,  and  the  consequences  which  might  arise,  he 
owned  he  had  been  filled  with  apprehensions,  lest  a  subject  of  such  magnitude 
and  a  cause  of  such  weight  should  suffer  from  the  weakness  of  its  advocate  ; 
but  when  he  recollected  that  in  the  progress  of  his  inquiries  he  had  every 
where  been  received  with  candor,  that  most  people  gave  him  credit  for  the 
purity  of  his  motives,  and  that,  however  many  of  these  might  then  differ  from 
him,  they  were  all  likely  to  agree  in  the  end,  he  had  dismissed  his  fears  and 
marched  forward  with  a  firmer  step  in  this  cause  of  humanity,  justice  and  reli 
gion,  lie  could  not,  however,  but  lament  that  the  subject  had  excited  so 
much  warmth.  He  feared  that  too  many  on  this  account  were  but  ill  prepared 
to  consider  it  with  impartiality  He  entreated  all  such  to  endeavor  to  be 
calm  and  composed.  A  tair  and  cool  discussion  was  essentially  necessary. 
The  motion  he  meant  to  offer  was  as  reconcileable  to  political  expediency  as 
to  national  humanity.  It  belonged  to  no  party  question.  It  would  in  the 
end  be  found  serviceable  to  all  parties;  and  to  the  best  interests  of  the  country. 
He  did  not  come  forward  to  accuse  the  West  India  planter,  or  the  Liverpool 
merchant,  or  indeed  any  one  concerned  in  this  traffic ;  but,  if  blame  attached 
any  where,  to  take  shame  to  himself,  in  common,  indeed,  with  the  whole  par 
liament  of  Great  Britain,  who,  having  suffered  it  to  be  carried  on  under  their 
own  authority  were  all  of  them  participators  in  the  guilt. 


192  HISTORY  OF  THE  ABOLITION 

Tn  endeavoring  to  explain  the  great  business  of  the  day,  he  said  he  should 
call  the  attention  of  the  house  only  to  the  leading  features  of  the  slave-trade. 
Nor  should  he  dwell  long  upon  these.  Every  one  might  imagine  for  himself 
what  must  be  the  natural  consequence  of  such  a  commerce  with  Africa.  Was 
it  not  plain  that  she  must  suffer  from  it  ?  that  her  savage  manners  must  be 
rendered  still  more  ferocious?  and  that  a  trade  of  this  nature  carried  on 
round  her  coasts,  must  extend  violence  and  desolation  to  her  very  centre  ?  It 
was  well  known  that  the  natives  of  Africa  were  sold  as  goods,  and  that  num 
bers  of  them  were  continually  conveyed  away  from  their  country  by  the  owners 
of  British  vessels.  The  question  then  was,  which  way  the  latter  came  by 
them.  In  answer  to  this  question,  the  privy  council  report,  which  was  then 
on  the  table,  afforded  evidence  the  most  satisfactory  and  conclusive.  He  had 
found  things  in  it,  which  had  confirmed  every  proposition  he  had  maintained 
before,  whether  this  proposition  had  been  gathered  from  living  information  of 
the  best  authority,  or  from  the  histories  he  had  read.  But  it  was  unnecessary 
either  to  quote  the  report,  or  to  appeal  to  history  on  this  occasion.  Plain 
reason  and  common  sense  would  point  out  how  the  poor  Africans  were 
obtained.  Africa  was  a  country  divided  into  many  kingdoms,  which  had  dif 
ferent  governments  and  laws.  In  many  parts  the  princes  were  despotic.  In 
others  they  had  a  limited  rule.  But  in  all  of  them,  whatever  the  nature  of 
the  government  was,  men  were  considered  as  goods  and  property,  and,  as 
such,  subject  to  plunder  in  the  same  manner  as  property  in  other  countries. 
The  persons  in  power  there  were  naturally  fond  of  our  commodities ;  and  to 
obtain  them  (which  could  only  be  done  by  the  sale  of  their  countrymen)  they 
waged  war  on  one  another,  or  even  ravaged  their  own  country  when  they  could 
find  no  pretense  for  quarreling  with  their  neighbors ;  in  their  courts  of  law 
many  poor  wretches  who  were  innocent  were  condemned ;  and  to  obtain  these 
commodities  in  greater  abundance,  thousands  were  kidnapped,  and  torn  from 
their  families,  and  sent  into  slavery.  Such  transactions,  he  said,  were  recorded 
in  every  history  of  Africa,  and  the  report  on  the  table  confirmed  them.  With 
respect,  however,  to  these,  he  should  make  but  one  or  two  observations.  If 
we  looked  into  the  reign  of  Henry  the  Eighth,  we  should  find  a  parallel  for 
one  of  them.  We  should  find  that  similar  convictions  took  place  ;  and  that 
penalties  followed  conviction.  With  respect  to  wars,  the  kings  of  Africa  were 
never  induced  to  engage  in  them  by  public  principles,  by  national  glory,  and 
least  of  all,  by  the  love  of  their  people.  This  had  been  stated  by  those  most 
conversant  with  the  subject,  by  Dr.  Spaarman  and  Mr.  Wadstrom.  They  had 
conversed  with  these  princes,  and  had  learned  from  their  own  mouths,  that  to 
procure  slaves  was  the  object  of  their  hostilities.  Indeed,  there  was  scarcely 
a  single  person  examined  before  the  privy  council,  who  did  not  prove  that  the 
slave-trade  was  the  source  of  the  tragedies  acted  upon  that  extensive  conti 
nent.  Some  had  endeavored  to  palliate  this  circumstance  ;  but  there  was  not 
one  who  did  not  more  or  less  admit  it  to  be  true.  By  one  the  slave-trade  was 
called  the  concurrent  cause,  by  the  majority  it  was  acknowledged  to  be  the 
principal  motive  of  the  African  wars.  The  same  might  be  said  with  respect 


.*'' 

OF  THE  AFRICAN  SLAVE  TRADE.  193 

to  those  instances  of  treachery  and  injustice  in  which  individuals  were  con 
cerned.  And  here  he  was  sorry  to  observe  that  our  own  countrymen  were 
often  guilty.  He  would  only  at  present  advert  to  the  tragedy  at  Calabar, 
where  two  large  African  villages,  having  been  for  some  time  at  war,  made 
peace.  This  peace  was  to  have  been  ratified  by  intermarriages ;  but  some  of 
our  captains  who  were  there,  seeing  the  trade  would  be  stopped  for  a  while, 
sowed  dissension  again  between  them.  They  actually  set  one  village  against 
the  other,  took  a  share  in  the  contest,  massacred  many  of  the  inhabitants,  and 
carried  others  of  them  away  as  slaves.  But  shocking  as  this  transaction  might 
appear,  there  was  not  a  single  history  of  Africa  to  be  read,  in  which  scenes  of 
as  atrocious  a  nature  were  not  related.  They,  he  said,  who  defended  this 
trade,  were  warped  and  blinded  by  their  own  interests,  and  would  not  be  con 
vinced  of  the  miseries  they  were  daily  heaping  on  their  fellow-creatures.  By 
the  countenance  they  gave  it,  they  had  reduced  the  inhabitants  of  Africa  to  a 
worse  state  than  that  of  the  most  barbarous  nation.  They  had  destroyed 
what  ought  to  have  been  the  bond  of  union  and  safety  among  them  :  they  had 
introduced  discord  and  anarchy  among  them  :  they  had  set  kings  against  their 
subjects,  and  subjects  against  each  other :  they  had  rendered  every  private 
family  wretched :  they  had,  in  short,  given  birth  to  scenes  of  injustice  and 
misery  not  to  be  found  in  any  other  quarter  of  the  globe. 

Having  said  thus  much  on  the  subject  of  procuring  slaves  in  Africa,  he 
would  now  go  to  that  of  the  transportation  of  them.  And  here  he  had  fondly 
hoped,  that  when  men  with  affections  and  feelings  like  our  own  had  been  torn 
from  their  country,  and  every  thing  dear  to  them,  he  should  have  found  some 
mitigation  of  their  sufferings ;  but  the  sad  reverse  was  the  case.  This  was 
the  most  wretched  part  of  the  whole  subject.  He  was  incapable  of  impressing 
the  house  with  what  he  felt  upon  it.  A  description  of  their  conveyauce  was 
impossible.  So  much  misery  condensed  in  so  little  room  was  more  than  the 
human  imagination  had  ever  before  conceived.  Think  only  of  six  hundred 
persons  linked  together,  trying  to  get  rid  of  each  other,  crammed  in  a  close 
vessel  with  every  object  that  was  nauseous  and  disgusting,  diseased,  and 
struggling  with  all  the  varieties  of  wretchedness.  It  seemed  impossible  to 
add  any  thing  more  to  human  misery.  Yet,  shocking  as  this  description  must 
be  felt  to  be  by  every  man,  the  transportation  had  been  described  by  several 
witnesses  from  Liverpool  to  be  a  comfortable  conveyance.  Mr.  Norris  had 
painted  the  accommodations  on  board  a  slave-ship  in  the  most  glowing  colors. 
He  had  represented  them  in  a  manner  which  would  have  exceeded  his  attempts 
at  praise  of  the  most  luxurious  scenes.  Their  apartments,  he  said,  were  fitted 
up  as  advantageously  for  them  as  circumstances  could  possibly  admit :  they 
had  several  meals  a  day  ;  some,  of  their  own  country  provisions,  with  the  best 
sauces  of  African  cookery ;  and,  by  way  of  variety,  another  meal  of  pulse, 
according  to  the  Eurapean  taste.  After  breakfast  they  had  water  to  wash 
themselves,  while  their  apartments  were  perfumed  with  frankincense  and  lime- 
juice.  Before  dinner  they  were  amused  after  the  manner  of  their  country : 
instruments  of  music  were  introduced :  the  song  and  the  dance  were  promo- 
13 


194  HISTORY  OF  THE  ABOLITION 

ted :  games  of  chance  were  furnished  them  :  the  men  played  and  sang,  while 
the  women  and  girls  made  fanciful  ornaments  from  beads,  with  whbh  they 
were  plentifully  supplied.  They  were  indulged  in  all  their  little  fancies,  and 
kept  in  sprightly  humor.  Another  of  them  had  said,  when  the  sailors  were 
flogged,  it  was  out  of  the  hearing  of  the  Africans,  lest  it  should  depress  their 
spirits.  He  by  no  means  wished  to  say  that  such  descriptions  were  wilful 
misrepresentations.  If  they  were  not,  it  proved  that  interest  or  prejudice  was 
capable  of  spreading  a  film  over  the  eyes  thick  enough  to  occasion  total  blind 
ness. 

Others,  however,  and  these  men  of  the  greatest  veracity,  had  given  a  differ 
ent  account.  What  would  the  house  think,  when  by  the  concurring  testimony 
of  these  the  true  history  was  laid  open  ?  The  slaves,  who  had  been  described 
as  rejoicing  in  their  captivity,  were  so  wrung  with  misery  at  leaving  their 
country,  that  it  was  the  constant  practice  to  set  sail  in  the  night,  lest  they 
should  know  the  moment  of  their  departure.  With  respect  to  their  accommo 
dation,  the  right  ankle  of  one  was  fastened  to  the  left  ankle  of  another  by  an 
iron  fetter ;  and  if  they  were  turbulent,  by  another  on  the  wrists.  Instead  of 
the  apartments  described,  they  were  placed  in  niches,  and  along  the  decks,  in 
such  a  manner  that  it  was  impossible  for  any  one  to  pass  among  them,  how 
ever  careful  he  might  be,  without  treading  upon  them.  Sir  George  Yonge 
had  testified,  that  in  a  slave-ship,  on  board  of  which  he  went,  and  which  had 
not  completed  her  cargo  by  two  hundred  and  fifty,  instead  of  the  scent  of 
frankincense  being  perceptible  to  the  nostrils,  the  stench  was  intolerable.  The 
allowance  of  water  was  so  deficient  that  the  slaves  were  frequently  found  gasp 
ing  for  life,  and  almost  suffocated.  The  pulse  with  which  they  had  been  said 
to  be  favored,  were  absolutely  English  horse  beans.  The  legislature  of  Ja 
maica  had  stated  the  scantiness  both  of  water  and  provisions,  as  a  subject 
which  called  for  the  interference  of  parliament.  As  Mr.  Norris  had  said  the 
song  and  the  dance  were  promoted,  he  could  not  pass  over  these  expressions 
without  telling  the  house  what  they  meant.  It  would  have  been  much  more 
fair  if  he  himself  had  explained  the  word  promoted.  The  truth  was,  that  for 
the  sake  of  exercise,  the  miserable  wretches,  loaded  with  chains  and  oppressed 
with  disease,  were  forced  to  dance  by  the  terror  of  the  lash,  and  sometimes  by 
the  actual  use  of  it.  "I,"  said  one  of  the  evidences,  "was  employed  to  dance 
the  men,  while  another  person  danced  the  women."  Such,  then,  was  the  mean 
ing  of  the  word  promoted ;  and  it  might  also  be  observed,  with  respect  to 
food,  that  instruments  were  sometimes  carried  out  in  order  to  force  them  to 
eat ;  which  was  the  same  sort  of  proof  how  much  they  enjoyed  themselves  in 
this  instance  also.  With  respect  to  their  singing,  it  consisted  of  songs  of 
lamentation  for  the  loss  of  their  country.  While  they  sung  they  were  in  tears : 
so  that  one  of  the  captains,  more  humane  probably  than  the  rest,  threatened  a 
woman  with  a  flogging  because  the  mournfulness  of  her  song  was  too  painful 
for  hie  feelings.  Perhaps  he  could  not  give  a  better  proof  of  the  sufferings  of 
these  injured  people,  during  their  passage,  than  by  stating  the  mortality  which 
accompanied  it.  This  was  a  species  of  evidence  which  was  infallible  on  this 


* 

OF  THE  AFRICAN  SLAVE  TRADE.  195 

occasion.  Death  was  a  witness  which  could  not  deceive  them ;  and  the  pro 
portion  of  deaths  would  not  only  confirm,  but,  if  possible,  even  aggravate  our 
suspicion  of  the  misery  of  the  transit.  It  would  be  found,  upon  an  average 
of  all  the  ships  upon  which  evidence  had  been  given,  that,  exclusively  of  such 
as  perished  before  they  sailed  from  Africa,  not  less  than  twelve  and  a  half  per 
cent,  died  on  their  passage :  besides  these,  the  Jamaica  report  stated  that 
four  and  a  half  per  cent,  died  while  in  the  harbors,  or  on  shore  before  the  day 
of  sale,  which  was  only  about  the  space  of  twelve  or  fourteen  days  after  thei 
arrival  there ;  and  one-third  more  died  in  the  seasoning :  and  this  in  a  climate 
exactly  similar  to  their  own,  and  where,  as  some  of  the  witnesses  pretended, 
they  were  healthy  and  happy.  Thus,  out  of  every  lot  of  one  hundred  shipped 
from  Africa,  seventeen  died  in  about  nine  weeks,  and  not  more  than  fifty  lived 
to  become  efficient  laborers  in  our  islands. 

Having  advanced  thus  far  in  his  investigation,  he  felt,  he  said,  the  wicked 
ness  of  the  slave-trade  to  be  so  enormous,  so  dreadful,  and  irremediable,  that 
he  could  stop  at  no  alternative  short  of  its  abolition.  A  trade  founded  on  in 
iquity,  and  carried  on  with  such  circumstances  of  horror,  must  be  abolished, 
let  the  policy  of  it  be  what  it  might ;  and  he  had  from  this  time  determined, 
whatever  were  the  consequences,  that  he  would  never  rest  till  he  had  effected 
that  abolition.  His  mind  had  indeed  been  harassed  by  the  objections  of  the 
West  India  planters,  who  had  asserted  that  the  ruin  of  their  property  must  be 
the  consequence  of  such  a  measure.  He  could  not  help,  however,  distrusting 
their  arguments.  He  could  not  believe  that  the  Almighty  being,  who  had  for 
bidden  the  practice  of  rapine  and  bloodshed,  had  made  rapine  and  bloodshed 
necessary  to  any  part  of  his  universe.  He  felt  a  confidence  in  this  persuasion, 
and  took  the  resolution  to  act  upon  it.  Light,  indeed,  soon  broke  in  upon 
him.  The  suspicion  of  his  mind  was  every  day  confirmed  by  increasing  infor 
mation,  and  the  evidence  he  had  now  to  offer  upon  this  point  was  decisive  and 
complete.  The  principle  upon  which  he  founded  the  necessity  of  the  abolition 
was  not  policy,  but  justice  :  but,  though  justice  were  the  principle  of  the 
measure,  yet  he  trusted  he  should  distinctly  prove  it  to  be  reconcilable  with  our 
truest  political  interest. 

In  the  first  place,  he  asserted  that  the  number  of  the  slaves  in  the  West  In 
dia  islands  might  be  kept  up  without  the  introduction  of  recruits  from  Africa ; 
and  to  prove  this,  he  would  enumerate  the  different  sources  of  their  mortality. 
The  first  was  the  disproportion  of  the  sexes,  there  being,  upon  an  average, 
about  five  males  imported  to  three  females  :  but  this  evil,  when  the  slave-trade 
was  abolished,  would  cure  itself.  The  second  consisted  in  the  bad  condition  in 
which  they  were  brought  to  the  islands,  and  the  methods  of  preparing  them 
for  sale.  They  arrived  frequently  in  a  sickly  and  disordered  state,  and  then 
they  were  made  up  for  the  market  by  the  application  of  astringents,  washes, 
mercurial  ointments,  and  repelling  drugs,  so  that  their  wounds  might  be  hid 
These  artifices  were  not  only  fraudulent,  but  fatal ;  but  these,  it  was  obvious, 
would  of  themselves  fall  with  the  trade.  A  third  was,  excessive  labor  joined 
with  improper  food ;  and  a  fourth  was,  the  extreme  dissoluteness  of  their  man- 


41 

196  HISTORY  OF  THE  ABOLITION 

ners.  These  also  would  both  of  them  be  counteracted  by  the  impossibility  of 
getting  further  supplies ;  for  owners,  now  unable  to  replace  those  slaves  whom 
they  might  lose,  by  speedy  purchase  in  the  markets,  would  be  more  careful  how 
they  treated  them  in  future,  and  better  treatment  would  be  productive  of  better 
morals.  And  here  he  would  just  advert  to  an  argument  used  against  those 
who  complained  of  cruelty  in  our  islands,  which  was,  that  it  was  the  interest 
of  masters  to  treat  their  slaves  with  humanity ;  but  surely  it  was  immediate 
and  present,  not  future  and  distant,  interest,  which  was  the  great  spring  of 
action  in  the  affairs  of  mankind.  Why  did  we  make  laws  to  punish  men  ?  It 
was  their  interest  to  be  upright  and  virtuous  ;  but  there  was  a  present  impulse 
continually  breaking  in  upon  their  better  judgment,  and  an  impulse  which  was 
known  to  be  contrary  to  their  permanent  advantage.  .  It  was  ridiculous  to  say 
that  men  would  be  bound  by  their  interest,  when  gain  or  ardent  passion  urged 
them.  It  might  as  well  be  asserted  that  a  stone  could  not  be  thrown  into  the 
air,  or  a  body  move  from  place  to  place,  because  the  principle  of  gravitation 
bound  them  to  the  surface  of  the  earth.  If  a  planter  in  the  West  Indies  found 
himself  reduced  in  his  profits,  he  did  not  usually  dispose  of  any  part  of  his 
slaves ;  and  his  own  gratifications  were  never  given  up  so  long  as  there  was  a 
possibility  of  making  any  retrenchment  in  the  allowance  of  his  slaves.  But  to 
return  to  the  subject  which  he  had  left :  He  was  happy  to  state,  that  as  all  the 
causes  of  the  decrease  which  he  had  stated  might  be  remedied,  so,  by  the  pro 
gress  of  light  and  reformation,  these  remedies  had  been  gradually  coming  into 
practice ;  and  that,  as  these  had  increased,  the  decrease  of  slaves  had  in  an 
equal  proportion  been  lessened.  By  the  gradual  adoption  of  these  remedies, 
he  could  prove  from  the  report  on  the  table,  that  the  decrease  of  slaves  in  Ja 
maica  had  lessened  to  such  a  degree,  that  from  the  year  IT*7*  to  the  present  it 
was  not  quite  one  in  a  hundred,  and  that  in  fact  they  were  at  present  in  a  state 
of  increase ;  for  that  the  births  on  that  island,  at  this  moment,  exceeded  the 
deaths  by  one  thousand  or  eleven  hundred  per  annum.  Barbadoes,  Nevis,  An 
tigua,  and  the  Bermudas  were,  like  Jamaica,  lessening  their  decrease,  and 
holding  forth  an  evident  and  reasonable  expectation  of  a  speedy  state  of  in 
crease  by  natural  population.  But  allowing  the  number  of  negroes  even  to 
decrease  for  a  time,  there  were  methods  which  would  insure  the  welfare  of  the 
West  India  islands.  The  lands  there  might  be  cultivated  by  fewer  hands,  and 
this  to  greater  advantage  to  the  proprietors  and  to  this  country,  by  the  produce 
of  cinnamon,  coffee,  and  cotton,  than  by  that  of  sugar.  The  produce  of  the 
plantations  might  also  be  considerably  increased,  even  in  the  case  of  sugar, 
with  less  hands  than  were  at  present  employed,  if  the  owners  of  them  would 
but  introduce  machines  of  husbandry.  Mr.  Long  himself,  long  resident  as  a 
planter,  had  proved,  upon  his  own  estate,  that  the  plow,  though  so  little  used 
in  the  West  Indies,  did  the  service  of  a  hundred  slaves,  and  caused  the  same 
ground  to  produce  three  hogsheads  of  sugar,  which,  when  cultivated  by  slaves, 
would  only  produce  two.  The  division  of  work,  which,  in  free  and  civilized 
countries,  was  the  grand  source  of  wealth,  and  the  reduction  of  the  number  of 
domestic  servants,  of  whom  not  less  than  from  twenty  to  forty  were  kept  in 


OF  THE  AFRICAN  SLAVE  TRADE.  197 

ordinary  families,  afforded  other  resources  for  this  purpose.  But  granting 
that  all  these  suppositions  should  be  unfounded,  and  that  every  one  of  these 
substitutes  should  fail  for  a  time,  the  planters  would  be  indemnified,  as  is  the 
case  in  all  transactions  of  commerce,  by  the  increased  price  of  their  produce  in 
the  British  market.  Thus,  by  contending  against  the  abolition,  they  were  de 
feated  in  every  part  of  the  argument.  But  he  would  never  give  up  the  point, 
that  the  number  of  slaves  could  be  kept  up  by  natural  population,  and  without 
any  dependence  whatever  on  the  slave-trade.  He  therefore  called  upon  the 
house  again  to  abolish  it  as  a  criminal  waste  of  life ;  it  was  utterly  unneces 
sary  ;  he  had  proved  it  so  by  documents  contained  in  the  report.  The  merchants 
of  Liverpool,  indeed,  had  thought  otherwise,  but  he  should  be  cautious  how 
he  assented  to  their  opinions.  They  declared  last  year  that  it  was  a  losing 
trade  at  two  slaves  to  a  ton,  and  yet  they  pursued  it  when  restricted  to  five 
slaves  to  three  tons.  He  believed,  however,  that  it  was  upon  the  whole  a 
losing  concern  ;  in  the  same  manner  as  the  lottery  would  be  a  losing  adventure 
to  any  company  who  should  buy  all  the  tickets.  Here  and  there  an  individual 
gained  a  large  prize,  but  the  majority  of  adventurers  gained  nothing.  The 
same  merchants,  too,  had  asserted  that  the  town  of  Liverpool  would  be  ruined 
by  the  abolition.  But  Liverpool  did  not  depend  for  its  consequence  upon  the 
slave-trade.  The  whole  export  tonnage  from  that  place  amounted  to  no  less 
than  170,000  tons,  whereas  the  export  part  of  it  to  Africa  amounted  only  to 
13,000.  Liverpool,  he  was  sure,  owed  its  greatness  to  other  and  very  differ 
ent  causes ;  the  slave-trade  bearing  but  a  small  proportion  to  its  other  trades. 
Having  gone  through  that  part  of  the  subject  which  related  to  the  slaves, 
he  would  now  answer  two  objections  which  he  had  frequently  heard  started. 
The  first  of  these  was,  that  the  abolition  of  the  slave-trade  would  operate  to 
the  total  ruin  of  our  navy,  and  to  the  increase  of  that  of  our  rivals.  For  an 
answer  to  these  assertions,  he  referred  to  what  he  considered  to  be  the  most 
valuable  part  of  the  report,  and  for  which  the  house  and  the  country  were  in 
debted  to  the  indefatigable  exertions  of  Mr.  Clarkson.  By  the  report,  it 
appeared  that  instead  of  the  slave-trade  being  a  nursery  for  British  seamen,  it 
was  their  grave.  It  appeared  that  more  seamen  died  in  that  trade  in  one  year 
than  in  the  whole  remaining  trade  of  the  country  in  two.  Out  of  910  sailors 
in  it,  216  died  in  the  year,  while  upon  a  fair  average  of  the  same  number  of 
men  employed  in  the  trades  to  the  East  and  West  Indies,  Petersburgh,  New 
foundland,  and  Greenland,  no  more  than  87  died.  It  appeared  also,  that  out 
of  3,170,  who  had  left  Liverpool  in  the  slave-ships  in  the  year  1787,  only 
1,428  had  returned.  And  here,  while  he  lamented  the  loss  which  the  country 
thus  annually  sustained  in  her  seamen,  he  had  additionally  to  lament  the  bar 
barous  usage  which  they  experienced,  and  which  this  trade,  by  the  natural  ten 
dency  to  harden  the  heart,  exclusively  produced.  He  would  just  read  an 
extract  of  a  letter  from  Governor  Parry,  of  Barbadoes,  to  Lord  Sydney,  one 
of  the  secretaries  of  state.  The  governor  declared  that  he  could  no  longer 
contain  himself  on  account  of  the  ill  treatment  which  the  British  sailors  en 
dured  at  the  hands  of  their  savage  captains  These  were  obliged  to  have 


198  HISTORY  OF  THE  ABOLITION 

their  vessels  strongly  manned,  not  only  on  account  of  the  unhealthiness  of  the 
climate  of  Africa,  but  of  the  necessity  of  guarding  the  slaves,  and  preventing 
and  suppressing  insurrections ;  and  when  they  arrived  in  the  West  Indies,  and 
were  out  of  all  danger  from  the  latter,  they  quarreled  with  their  men  on  the 
most  frivolous  pretenses,  on  purpose  to  discharge  them,  and  thus  save  the  pay 
ment  of  supernumerary  wages  home.  Thus  many  were  left  in  a  diseased  and 
deplorable  state,  either  to  perish  by  sickness,  or  to  enter  into  foreign  service ; 
great  numbers  of  whom  were  forever  lost  to  their  country.  The  governor 
concluded  by  declaring  that  the  enormities  attendant  on  this  trade  were  so  great 
as  to  demand  the  immediate  interference  of  the  legislature. 

The  next  objection  to  the  abolition  was,  that  if  we  were  to  relinquish  the 
slave-trade,  our  rivals,  the  French,  would  take  it  up  ;  so  that  while  we  should 
suffer  by  the  measure,  the  evil  would  still  go  on,  and  this  even  to  its  former 
extent.  This  was,  indeed,  a  very  weak  argument ;  and,  if  it  would  defend  the 
continuance  of  the  slave-trade,  might  equally  be  urged  in  favor  of  robbery, 
murder,  and  every  species  of  wickedness,  which,  if  we  did  not  practice,  others 
would  commit.  But  suppose,  for  the  sake  of  argument,  that  they  were  to  take 
it  up,  what  good  would  it  do  them  ?  What  advantages,  for  instance,  would  they 
derive  from  this  pestilential  commerce  to  their  marine  ?  Should  not  we,  on  the 
other  hand,  be  benefited  by  this  change  ?  Would  they  not  be  obliged  to  come 
to  us,  in  consequence  of  the  cheapness  of  our  manufactures,  for  what  they 
wanted  for  the  African  market?  But  he  would  not  calumniate  the  French 
nation  so  much  as  to  suppose  that  they  would  carry  on  the  trade  if  we  were  to 
relinquish  it.  He  believed,  on  the  other  hand,  that  they  would  abolish  it  also. 
Mr.  Necker,  the  present  minister  of  France,  was  a  man  of  religious  principle ; 
and,  in  his  work  upon  the  administration  of  the  finances,  had  recorded  hit 
abhorrence  of  this  trade.  He  was  happy  also  to  relate  an  anecdote  of  the 
present  king  of  France,  which  proved  that  he  was  a  friend  to  the  abolition  ; 
for,  being  petitioned  to  dissolve  a  society,  formed  at  Paris,  for  the  annihilation 
of  the  slave-trade,  his  majesty  answered  that  he  would  not,  and  was  happy  to 
hear  that  so  humane  an  association  was  formed  in  his  dominions.  And  here, 
having  mentioned  the  society  in  Paris,  he  could  not  help  paying  a  due  compli 
ment  to  that  established  in  London  for  the  same  purpose,  which  had  labored 
with  the  greatest  assiduity  to  make  this  important  subject  understood,  and 
which  had  conducted  itself  with  so  much  judgment  and  moderation  as  to  have 
interested  men  of  all  religions,  and  to  have  united  them  in  their  cause. 

There  was  another  topic  which  he  would  submit  to  the  notice  of  the  house 
before  he  concluded.  They  were,  perhaps,  not  aware  that  a  fair  and  honorable 
trade  might  be  substituted  in  the  natural  productions  of  Africa,  so  that  our 
connection  with  that  continent  in  the  way  of  commercial  advantage  need  not 
oe  lost.  The  natives  had  already  made  some  advances  in  it ;  and  if  they  had 
not  appeared  so  forward  in  raising  and  collecting  their  own  produce  for  sale  as 
in  some  other  countries,  it  was  to  be  imputed  to  the  slave-trade  ;  but  remove 
the  cause,  and  Africa  would  soon  emerge  from  her  present  ignorant  and  indo 
lent  state.  Civilization  would  go  on  with  her  as  well  as  with  other  nations. 


OF  THE  AFRICAN  SLAVS  TRADE.  199 

Europe,  three  or  four  centuries  ago,  was  in  many  parts  as  barbarous  as  Africa 
at  present,  and  chargeable  with  as  bad  practices.  For  what  would  be  said,  if, 
so  late  as  the  middle  of  the  thirteenth  century,  he  could  find  a  parallel  there  for 
the  slave-trade  ?  Yes.  This  parallel  was  to  be  found  even  in  England.  The 
people  of  Bristol,  in  the  reign  of  Henry  the  Seventh,  had  a  regular  market  for 
children,  which  were  bought  by  the  Irish ;  but  the  latter  having  experienced  a 
general  calamity,  which  they  imputed  as  a  judgment  from  heaven  on  account 
of  this  wicked  traffic,  abolished  it.  The  only  thing,  therefore,  which  he  had 
to  solicit  of  the  house,  was  to  show  that  they  are  now  as  enlightened  as  the 
Irish  were  four  centuries  back,  by  refusing  to  buy  the  children  of  other  nations. 
He  hoped  they  would  do  it.  He  hoped,  too,  they  would  do  it  in  an  unqualified 
manner.  Nothing  less  than  a  total  abolition  of  the  trade  would  do  away  the 
evils  complained  of.  The  legislature  of  Jamaica,  indeed,  had  thought  that 
regulations  might  answer  the  purpose.  Their  report  had  recommended  that 
no  person  should  be  kidnapped,  or  permitted  to  be  made  a  slave,  contrary  to 
the  customs  of  Africa.  But  might  he  not  be  reduced  to  this  state  very  unjustly, 
and  yet  by  no  means  contrary  to  the  African  laws  ?  Besides,  how  could  we 
distinguish  between  those  who  were  justly  or  unjustly  reduced  to  it?  Could 
we  discover  them  by  their  physiognomy  ?  But  if  we  could,  who  would  believe 
that  the  British  captains  would  be  influenced  by  any  regulations  made  in  this 
country,  to  refuse  to  purchase  those  who  had  not  been  fairly,  honestly,  and 
uprightly  enslaved  ?  They  who  were  offered  to  us  for  sale  were  brought,  some 
of  them,  three  or  four  thousand  miles,  and  exchanged  like  cattle  from  one  to 
another,  till  they  reached  the  coast.  But  who  could  return  these  to  their 
homes,  or  make  them  compensation  for  their  sufferings  during  their  long  jour- 
neyings  ?  He  would  now  conclude  by  begging  pardon  of  the  house  for  having 
detained  them  so  long.  He  could  indeed  have  expressed  his  own  convictions 
in  fewer  words.  He  needed  only  to  have  made  one  or  two  short  statements, 
and  to  have  quoted  the  commandment,  "Thou  shalt  do  no  murder."  But  he 
thought  it  his  duty  to  lay  the  whole  of  the  case,  and  the  whole  of  its  guilt 
before  them.  They  would  see  now  that  no  mitigations,  no  palliatives,  would 
either  be  efficient  or  admissible.  Nothing  short  of  an  absolute  abolition  could 
be  adopted.  This  they  owed  to  Africa;  they  owed  it,  too,  to  their  own  moral 
characters.  And  he  hoped  they  would  follow  up  the  principle  of  one  of  the 
repentant  African  captains,  who  had  gone  before  the  committee  of  privy  coun 
cil  as  a  voluntary  witness,  and  that  they  would  make  Africa  all  the  atonement 
in  their  power  for  the  multifarious  injuries  she  had  received  at  the  hands  of 
British  subjects.  With  respect  to  these  injuries,  their  enormity  and  extent,  it 
might  be  alleged  in  their  excuse,  that  they  were  not  fully  acquainted  with  them 
till  that  moment,  and  therefore  not  answerable  for  their  former  existence  ;  but 
now  they  could  no  longer  plead  ignorance  concerning  them.  They  had  seen 
them  brought  directly  before  their  eyes,  and  they  must  decide  for  themselves, 
and  must  justify  to  the  world  and  their  own  consciences  the  facts  and  principles 
upon  which  their  decision  was  formed. 

Mr.  Wilberforce  having  concluded  his  speech,  which  lasted  three  hours  and 


200  HISTORY  OF  THE  ABOLITION 

a  half,  read,  and  laid  on  the  table  of  the  house,  as  subjects  for  their  future  dis 
cussion,  nine  propositions,  which  he  had  deduced  from  the  evidence  contained 
in  the  privy  council  report,  and  of  which  the  following  is  the  abridged  substance : 

1.  That  the  number  of  slaves  annually  carried  from  the  coast  of  Africa,  in 
British  vessels,  was  about  38,000,  of  which,  on  an  average,  22,500  were  carried 
to  the  British  islands,  and  that  of  the  latter,  only  17,500  were  retained  there, 

2.  That  these  slaves,  according  to  the  evidence  on  the  table,  consisted,  first, 
of  prisoners  of  war ;  secondly,  of  free  persons  sold  for  debt,  or  on  account  of 
real  or  imputed  crimes,  particularly  adultery  and  witchcraft ;  in  which  cases 
they  were  frequently  sold  with  their  whole  families,  and  sometimes  for  the  profit 
of  those  by  whom  they  were  condemned ;  thirdly,  of  domestic  slaves  sold  for 
the  profit  of  their  masters,  in  some  places  at  the  will  of  the  masters,  and  in 
otters,  on  being  condemned  by  them  for  real  or  imputed  crimes  ;  fourthly,  of 
persons  made  slaves  by  various  acts  of  oppression,  violence,  or  fraud,  committed 
either  by  the  princes  and  chiefs  of  those  countries  on  their  subjects,  or  by  pri 
vate  individuals  on  each  other  ;  or,  lastly,  by  Europeans  engaged  in  this  traffic. 

3.  That  the  trade  so  carried  on  had  necessarily  a  tendency  to  occasion  fre 
quent  and  cruel  wars  among  the  natives ;  to  produce  unjust  convictions  and 
punishments  for  pretended  or  aggravated  crimes ;  to  encourage  acts  of  oppres 
sion,  violence,  and  fraud,  and  to  obstruct  the  natural  course  of  civilization  and 
improvement  in  those  countries. 

4.  That  Africa,  in  its  present  state,  furnished  several  valuable  articles  of 
commerce  which  were  partly  peculiar  to  itself,  but  that  it  was  adapted  to  the 
production  of  others,  with  which  we  were  now  either  wholly,  or  in  great  part, 
supplied  by  foreign  nations.     That  an  extensive  commerce  with  Africa  might 
be  substituted  in  these  commodities,  so  as  to  afford  a  return  for  as  many  articles 
as  had  annually  been  carried  thither  in  British  vessels  ;  and,  lastly,  that  such  a 
commerce  might  reasonably  be  expected  to  increase  by  the  progress  of  civili 
zation  there. 

5.  That  the  slave-trade  was  peculiarly  destructive  to  the  seamen  employed 
in  it ;  and  that  the  mortality  there  had  been  much  greater  than  in  any  British 
vessels  employed  upon  the  same  coast  in  any  other  service  or  trade. 

6.  That  the  mode  of  transporting  the  slaves  from  Africa  to  the  West  Indies 
necessarily  exposed  them  to  many  and  grievous  sufferings,  for  which  no  regu 
lations  could  provide  an  adequate  remedy ;  and  that  in  consequence  thereof  a 
large  proportion  had  annually  perished  during  the  voyage. 

7.  That  a  large  proportion  had  also  perished  in  the  harbors  in  the  West 
Indies,  from  the  diseases  contracted  in  the  voyage  and  the  treatment  of  the 
same,  previously  to  their  being  sold,  and  that  this  loss  amounted  to  four  and  a 
half  per  cent,  of  the  imported  slaves. 

8.  That  the  loss  of  the  newly  imported  slaves,  within  the  three  first  years 
after  their  importation,  bore  a  large  proportion  to  the  whole  number  imported. 

9.  That  the  natural  increase  of  population  among  the  slaves  in  the  islands 
appeared  to  have  been  impeded  principally  by  the  following  causes  :     First, 
by  the  inequality  of  the  sexes  in  the  importations  from  Africa      Secondly,  by 


OF  THE  AFRICAN  SLAVE  TRADE.  201 

the  general  dissoluteness  of  manners  among  the  slaves,  and  the  want  of  proper 
regulations  for  the  encouragement  of  marriages  and  of  rearing  children  among 
them.  Thirdly,  by  the  particular  diseases  which  were  prevalent  among  them, 
and  which  were  in  some  instances  to  be  attributed  to  too  severe  labor,  or  rig 
orous  treatment,  and  in  others  to  insufficient  or  improper  food.  Fourthly,  by 
those  diseases  which  affected  a  large  proportion  of  negro  children  in  their  in 
fancy,  and  by  those  to  which  the  negroes  newly  imported  from  Africa  had  been 
found  to  be  particularly  liable. 

These  propositions  having  been  laid  upon  the  table  of  the  house,  lord  Pen- 
rhyn  rose  in  behalf  of  the  planters,  and  next  after  him,  Mr.  Gascoyne,  (both 
members  for  Liverpool,)  in  behalf  of  the  merchants  concerned  in  the  latter 
place.  They  both  predicted  the  ruin  and  misery  which  would  inevitably  follow 
the  abolition  of  the  trade.  The  former  said  that  no  less  than  seventy  millions 
were  mortgaged  upon  lands  in  the  West  Indies,  all  of  which  would  be  lost. 
Mr.  Wilberforce  therefore  should  have  made  a  motion  to  pledge  the  house  to 
the  repayment  of  this  sum  before  he  had  brought  forward  his  propositions. 
Compensation  ought  to  have  been  agreed  upon  as  a  previously  necessary  meas 
ure.  The  latter  said  that  in  consequence  of  the  bill  of  last  year,  many  ships 
were  laid  up  and  many  seamen  out  of  employ.  His  constituents  had  large 
capitals  engaged  in  the  trade,  and  if  it  were  to  be  wholly  done  away,  they 
would  suffer  from  not  knowing  where  to  employ  them.  They  both  joined  in 
asserting  that  Mr.  Wilberforce  had  made  so  many  misrepresentations  in  all  the 
branches  of  this  subject,  that  no  reliance  whatever  was  to  be  placed  on  the  pic 
ture  which  he  had  chosen  to  exhibit.  They  should  speak,  however,  more  fully 
to  this  point  when  the  propositions  were  discussed. 

The  latter  declaration  called  up  Mr.  Wilberforce  again,  who  observed  that 
he  had  no  intention  of  misrepresenting  any  fact.  He  did  not  know  that  he 
had  done  it  in  any  one  instance ;  but,  if  he  had,  it  would  be  easy  to  convict 
him  out  of  the  report  upon  the  table. 

Mr.  Burke  then  arose  :  He  would  not,  he  said,  detain  the  committee  long 
Indeed  he  was  not  able,  weary  and  indisposed  as  he  then  felt  himself,  even  if 
he  had  an  inclination  to  do  it ;  but  as,  on  account  of  his  other  parliamentary 
duty,  he  might  not  have  it  in  his  power  to  attend  the  business  now  before  them 
in  its  course,  he  would  take  that  opportunity  of  stating  his  opinion  upon  it. 

And,  first,  the  house,  the  nation,  and  all  Europe  were  under  great  obliga 
tions  to  Mr.  Wilberforce  for  having  brought  this  important  subject  forward. 
He  had  done  it  in  a  manner  the  most  masterly,  impressive,  and  eloquent.  He 
had  laid  down  his  principles  so  admirably,  and  with  so  much  order  and  force, 
that  his  speech  had  equaled  any  thing  he  had  ever  heard  in  modern  oratory, 
and  perhaps  it  had  not  been  excelled  by  anything  to  bo  found  in  ancient  thaes. 
As  to  the  slave-trade  itself,  there  could  not  be  two  opinions  about  it  where  men 
were  not  interested.  A  trade,  begun  in  savage  war,  prosecuted  with  unheard 
of  barbarity,  continued  during  the  transportation  with  the  most  loathsome  im 
prisonment,  and  ending  in  perpetual  exile  and  slavery,  was  a  trade  so  horrid  in 
all  its  circumstances  that  it  was  impossible  to  produce  a  single  argument  in  its 


202  HISTORY  OF  THE  ABOLITION 

favor.  On  the  ground  of  prudence,  nothing  could  be  said  in  defense  of  it , 
nor  could  it  be  justified  by  necessity.  It  was  necessity  alone  that  could  be 
brought  to  justify  inhumanity ;  but  no  case  of  necessity  could  be  made  out 
strong  enough  to  justify  this  monstrous  traffic.  It  was  therefore  the  duty  of 
the  house  to  put  an  end  to  it,  and  this  without  further  delay. 

With  respect  to  the  consequences  mentioned  by  the  two  members  for  Liver 
pool,  he  had  a  word  or  two  to  offer  upon  them.  Lord  Penrhyn  had  talked  of 
millions  to  be  lost  and  paid  for.  But  seeing  no  probability  of  any  loss  ulti 
mately,  he  could  see  no  necessity  for  compensation.  He  believed,  on  the  other 
hand,  that  the  planters  would  be  great  gainers  by  those  wholesome  regulations 
which  they  would  be  obliged  to  make  if  the  slave-trade  were  abolished.  He 
did  not,  however,  flatter  them  with  the  idea  that  this  gain  would  be  immediate. 
Perhaps  they  might  experience  inconveniences  at  first,  and  even  some  loss.  But 
what  then  ?  With  their  loss,  their  virtue  would  be  the  greater.  And  in  this 
light  he  hoped  the  house  would  consider  the  matter ;  for,  if  they  were  called 
upon  to  do  an  act  of  virtuous  energy  and  heroism,  they  ought  to  think  it  right 
to  submit  to  temporary  disadvantages  for  the  sake  of  truth,  justice,  humanity, 
and  the  prospect  of  greater  happiness. 

The  other  member,  Mr.  Gascoyne,  had  said  that  his  constituents,  if  the  trade 
were  abolished,  could  not  employ  their  capitals  elsewhere.  But  whether  they 
could  or  not,  it  was  the  duty  of  that  house,  if  they  put  them  into  a  traffic  which 
was  shocking  to  humanity  and  disgraceful  to  the  nation,  to  change  their  appli 
cation,  and  not  to  allow  them  to  be  used  to  a  barbarous  purpose.  He  believed, 
however,  that  the  merchants  of  Liverpool  would  find  no  difficulty  on  this  head. 
All  capitals  required  active  motion.  It  was  in  their  nature  not  to  remain  pas 
sive  and  unemployed.  They  would  soon  turn  them  into  other  channels.  This 
they  had  done  themselves  during  the  American  war ;  for  the  slave-trade  was 
then  almost  wholly  lost,  and  yet  they  had  their  ships  employed,  either  as  trans 
ports  in  the  service  of  government,  or  in  other  ways. 

As  he  now  called  upon  the  house  not  to  allow  any  conjectural  losses  to  be 
come  impediments  in  the  way  of  the  abolition  of  the  slave-trade,  so  he  called 
upon  them  to  beware  how  they  suffered  any  representations  of  the  happiness 
of  the  state  of  slavery  in  our  islands  to  influence  them  against  so  glorious  a 
measure.  Nothing  made  a  happy  slave  but  a  degraded  man.  In  proportion 
as  the  mind  grows  callous  to  its  degradation,  and  all  sense  of  manly  pride  is 
lost,  the  slave  feels  •omfort.  In  fact,  he  is  no  longer  a  man.  If  he  were  to 
define  a  man,  he  would  say  with  Shakspeare, 

"Man  is  a  being  holding  large  discourse, 
Looking  before  and  after." 

But  a  slave  was  incapable  of  looking  before  and  after.  He  had  no  motive  to 
do  it.  He  was  a  mere  passive  instrument  in  the  hands  of  others,  to  be  used  at 
their  discretion.  Though  living,  he  was  dead  as  to  all  voluntary  agency.  Though 
moving  amidst  the  creation  with  an  erect  form,  and  with  the  shape  and  sem 
blance  of  a  human  being,  he  was  a  nullity  as  a  man. 


OF  THE  AFRICAN  ;:IAVE  TRADE.  203 

Mr.  Fox  observed,  that  a  trade  in  human  flesh  and  sinews  was  so  scandalous, 
that  it  ought  not  openly  to  be  carried  on  by  any  government  whatever,  and 
much  less  by  that  of  a  Christian  country.  "With  regard  to  the  regulation  of 
the  slave-trade,  he  knew  of  no  such  thing  as  a  regulation  of  robbery  and  mur 
der.  There  was  no  medium.  The  legislature  must  either  abolish  it,  or  plead 
guilty  of  all  the  wickedness  which  had  been  shown  to  attend  it.  He  would 
say  a  word  or  two  with  respect  to  the  conduct  of  foreign  nations  on  this  sub 
ject.  It  was  possible  that  these,  when  they  heard  that  the  matter  had  been 
discussed  in  that  house,  might  follow  the  example,  or  they  might  go  before  us 
and  set  one  themselves.  If  this  were  to  happen,  though  we  might  be  the 
losers,  humanity  would  be  the  gainer.  He  himself  had  been  thought  some 
times  to  use  expressions  relative  to  France  which  were  too  harsh,  and  as  if 
he  could  only  treat  her  as  the  enemy  of  this  country.  Politically  speaking, 
France  was  our  rival.  But  he  well  knew  the  distinction  between  political 
enmity  arid  illiberal  prejudice.  If  there  was  any  great  and  enlightened  nation 
in  Europe,  it  was  France,  which  was  as  likely  as  any  country  upon  the  face  of 
the  globe  to  catch  a  spark  from  the  light  of  our  fire,  and  to  act  upon  the 
present  subject  with  warmth  and  enthusiasm.  France  had  often  been  improp 
erly  stimulated  by  her  ambition;  and  he  had  no  doubt  but  that,  in  the  present 
instance,  she  would  readily  follow  its  honorable  dictates. 

Aldermen  Newnham,  Sawbridge,  and  Watson,  though  they  wished  well  to 
the  cause  of  humanity,  could  not,  as  representatives  of  the  city  of  London, 
give  their  concurrence  to  a  measure  which  would  injure  it  so  essentially  as 
that  of  the  abolition  of  the  slave-trade.  This  trade  might  undoubtedly  be  put 
under  wholesome  regulations,  and  made  productive  of  great  commercial  ad 
vantages.  But  if  it  were  abolished,  it  would  render  the  city  of  London  one 
scene  of  bankruptcy  and  ruin.  It  became  the  house  to  take  care,  while  they 
were  giving  way  to  the  goodness  of  their  hearts,  that  they  did  not  contribute 
to  the  ruin  of  the  mercantile  interests  of  their  country. 

Mr.  Martin  stated  that  he  was  so  well  satisfied  with  the  speech  of  the  hon 
orable  gentleman  who  had  introduced  the  propositions,  and  with  the  language 
held  out  by  other  distinguished  members  on  this  subject,  that  he  felt  himself 
more  proud  than  ever  of  being  an  Englishman.  He  hoped  and  believed  that  the 
melancholy  predictions  of  the  worthy  aldermen  would  not  prove  true,  and  that 
the  citizens  of  London  would  have  too  much  public  spirit  to  wish  that  a  great 
national  object,  which  comprehended  the  great  duties  of  humanity  and  justice, 
should  be  set  aside,  merely  out  of  consideration  to  their  own  private  interests. 

Mr.  William  Smith  would  not  detain  the  house  long  at  that  late  hour  upon 
this  important  subject ;  but  he  could  not  help  testifying  the  great  satisfaction 
he  felt  at  the  manner  in  which  the  honorable  gentleman  who  opened  the  de 
bate  (if  it  could  be  so  called)  had  treated  it.  He  approved  of  the  proposi 
tions  as  the  best  mode  of  bringing  the  decision  to  a  happy  issue.  He  gave 
Mr.  Fox  great  credit  for  the  open  and  manly  way  in  which  he  had  manifested 
his  abhorrence  of  this  trade,  and  for  the  support  he  meant  to  give  to  the  total 
and  unqualified  abolition  of  it ;  for  he  was  satisfied  that  the  more  it  was  in- 


204  HISTORY  OF  THE  ABOLITION 

quired  into,  the  more  it  would  be  found  that  nothing  short  of  abolition  would 
cure  the  evil.  With  respect  to  certain  assertions  of  the  members  for  Liver 
pool,  and  certain  melancholy  predictions  about  the  consequences  of  such  an 
event,  which  others  had  held  out,  he  desired  to  lay  in  his  claim  for  observation 
upon  them,  when  the  great  question  should  come  before  the  house. 

Soon  after  this  the  house  broke  up  ;  and  the  discussion  of  the  propositions, 
which  was  the  next  parliamentary  measure  intended,  was  postponed  to  a  future 
day,  which  was  sufficiently  distant  to  give  all  the  parties  concerned  time  to 
make  the  necessary  preparations  for  it. 

Of  this  interval  the  committee  for  the  abolition  availed  themselves  to  thank 
Mr.  Wilberforce  for  the  very  able  and  satisfactory  manner  in  which  he  had 
stated  to  the  house  his  propositions  for  the  abolition  of  the  slave-trade,  and 
for  the  unparalleled  assiduity  and  perseverance  with  which  he  had  all  along 
endeavored  to  accomplish  this  object,  as  well  as  to  take  measures  themselves 
for  the  further  promotion  of  it.  Their  opponents  availed  themselves  of  this 
interval  also.  But  that  which  now  embarrassed  them,  was  the  evidence  con 
tained  in  the  privy  council  report.  They  had  no  idea,  considering  the  number 
Of  witnesses  they  had  sent  to  be  examined,  that  this  evidence,  when  duly 
weighed,  could  by  right  reasoning  have  given  birth  to  the  sentiments  which 
had  been  displayed  in  the  speeches  of  the  most  distinguished  members  of  the 
house  of  commons,  or  to  the  contents  of  the  propositions  which  had  been  laid 
upon  their  table.  They  were  thunder-struck  as  it  were  by  their  own  weakness: 
and  from  this  time  they  were  determined,  if  possible,  to  get  rid  of  it  as  a  stand 
ard  for  decision,  or  to  interpose  every  parliamentary  delay  in  their  power. 

On  the  twenty-first  of  May,  the  subject  came  again  before  the  attention  of 
the  house.  It  was  ushered  in,  as  was  expected,  by  petitions  collected  in  the 
interim,  and  which  were  expressive  of  the  frightful  consequences  which  would 
attend  the  abolition  of  the  slave-trade. 

Mr.  Wilberforce  moved  the  order  of  the  day,  for  the  house  to  go  into  a 
committee  of  the  whole  house  on  the  report  of  the  privy  council,  and  the 
several  matters  of  evidence  already  upon  the  table  relative  to  the  slave-trade. 

Mr.  Alderman  Sawbridge  immediately  arose,  and  asked  Mr.  Wilberforce  if 
he  meant  to  adduce  any  other  evidence  besides  that  in  the  privy  council  report 
in  behalf  of  his  propositions,  or  to  admit  other  witnesses,  if  such  could  be 
found,  to  invalidate  them.  Mr.  Wilberforce  replied,  that  he  was  quite  satisfied 
with  the  report  on  the  table.  It  would  establish  all  his  propositions.  He 
should  call  no  witnesses  himself :  as  to  permission  to  others  to  call  them,  that 
must  be  determined  by  the  house. 

This  question  and  this  answer  gave  birth  immediately  to  great  disputes  up 
on  the  subject.  Aldermen  Sawbridge,  Newnham,  and  Watson  ;  Lords  Pen- 
rhyn  and  Maitland  ;  Messrs.  Gascoyne,  Marsham,  and  others  spcke  against  the 
admission  of  the  evidence  which  had  been  laid  upon  the  table.  They  contended 
that  it  was  insufficient,  defective,  and  contradictory ;  that  it  was  ex  parte  evi 
dence  ;  that  it  had  been  manufactured  by  ministers  ;  that  it  was  founded  chiefly 
on  hearsay,  and  that  the  greatest  part  of  it  was  false  ;  that  it  had  undergone 


OF  THE  AFRICAN  SLAVE  TRADE.  205 

no  cross-examination  ;  that  it  was  unconstitutional ;  and  that,  if  they  admitted 
it,  they  would  establish  a  dangerous  precedent,  and  abandon  their  rights.  It 
was  urged  on  the  other  hand  by  Mr.  Courtenay,  that  it  could  not  be  ex  parte 
evidence,  because  it  contained  testimony  on  both  sides  of  the  question.  The 
circumstance  also  of  its  being  contradictory,  which  had  been  alleged  against  it, 
proved  that  it  was  the  result  of  an  impartial  examination.  Mr.  Fox  observed 
that  it  was  perfectly  admissible.  He  called  upon  those  who  took  the  other 
side  of  the  question  to  say  why,  if  it  was  really  inadmissible,  they  had  not  op 
posed  it  at  first.  It  had  now  been  a  long  time  on  the  table,  and  no  fault  had 
been  found  with  it.  The  truth  was,  it  did  not  suit  them,  and  they  were  deter 
mined  by  a  side  wind  as  it  were  to  put  an  end  to  the  inquiry. 

In  the  course  of  the  debate  much  warmth  of  temper  was  manifest  on  both 
sides.  The  expression  of  Mr.  Fox  in  a  former  debate,  "  that  the  slave-trade 
could  not  be  regulated,  because  there  could  be  no  regulation  of  robbery  and 
murder,"  was  brought  up,  and  construed  by  planters  in  the  house  as  a  charge 
of  these  crimes  upon  themselves.  Mr.  Fox,  however,  would  not  retract  the 
expression.  He  repeated  it.  He  had  no  notion,  however,  that  any  individual 
would  have  taken  it  to  himself.  If  it  contained  any  reflection  at  all,  it  was  on 
the  whole  parliament  who  had  sanctioned  such  a  trade.  Mr.  Molyneux  rose 
up,  and  animadverted  severely  on  the  character  of  Mr.  Ramsay,  one  of  the 
evidences  in  the  privy  council  report,  during  his  residence  in  the  West  Indies, 
This  called  up  Sir  William  Dolben  and  Sir  Charles  Middleton  in  his  defense, 
the  latter  of  whom  bore  honorable  testimony  to  his  virtues  from  an  intimate 
acquaintance  with  him,  and  a  residence  in  the  same  village  with  him  for  twenty 
years.  Mr.  Molyneux  spoke  also  in  angry  terms  of  the  measure  of  the  aboli 
tion.  To  annihilate  the  trade,  he  said,  and  to  make  no  compensation  on  ac 
count  of  it,  was  an  act  of  swindling.  Mr.  Macnamara  called  the  measure 
hypocritical,  fanatic,  and  methodistical.  Mr.  Pitt  was  so  irritated  at  the  in 
sidious  attempt  to  set  aside  the  privy  council  report,  when  no  complaint  had 
been  alleged  against  it  before,  that  he  was  quite  off  his  guard,  and  he  thought 
it  right  afterwards  to  apologize  for  the  warmth  into  which  he  had  been  betrayed. 
The  speaker,  too,  was  obliged  frequently  to  interfere.  On  this  occasion  no  less 
than  thirty  members  spoke.  And  there  had  probably  been  few  seasons  when 
so  much  disorder  had  been  discoverable  in  that  house. 

The  result  of  the  debate  was,  a  permission  to  those  interested  in  the  contin 
uance  of  the  slave-trade  to  bring  counsel  to  the  bar  on  the  twenty-sixth  of 
May,  and  then  to  introduce  such  witnesses  as  might  throw  further  light  on  the 
propositions  in  the  shortest  time :  for  Mr.  Pitt  only  acquiesced  in  this  new 
measure  on  a  supposition  "that  there*would  be  no  unnecessary  delay,  as  he 
could  by  no  means  submit  to  the  ultimate  procrastination  of  so  important  a 
business."  He  even  hoped  (and  in  this  hope  he  was  joined  by  Mr.  Fox)  that 
those  concerned  would  endeavor  to  bring  the  whole  of  the  evidence  they  meant 
to  offer  at  the  first  examination. 

On  the  day  appointed,  the  house  met  for  the  purpose  now  specified  ;  when 
Alderman  Newnham,  thinking  that  such  an  important  question  should  not  be 


200  HISTORY  OF  THE  ABOLITION 


decided  but  in  a  full  assembly  of  the  representatives  of  the  nation,  moved  for 
a  call  of  the  house  on  that  day  fortnight.  Mr.  Wilberforce  stated  that  he  had 
no  objection  to  such  a  measure,  believing  the  greater  the  number  present,  the 
more  favorable  it  would  be  to  his  cause.  This  motion,  however,  produced  a 
debate  and  a  division,  in  which  it  appeared  that  there  were  one  hundred  and 
fifty-eight  in  favor  of  it,  and  twenty-eight  against  it.  The  business  of  the  day 
now  commenced.  The  house  went  into  a  committee,  and  Sir  William  Dolbon 
was  put  into  the  chair.  Mr.  Serjeant  Le  Blanc  was  then  called  in.  He  made 
an  able  speech  in  behalf  of  his  clients ;  and  introduced  John  Barnes,  esquire, 
as  his  first  witness,  whose  examination  took  up  the  remainder  of  the  day.  By 
this  step  they  who  were  interested  in  the  continuance  of  the  trade  attained  their 
wishes,  for  they  had  now  got  possession  of  the  ground  with  their  evidence ; 
and  they  knew  they  could  keep  it  almost  as  long  as  they  pleased,  for  the  pur 
poses  of  delay. 

At  length,  on  the  ninth  of  June,  by  which  time  it  was  supposed  that  new 
light,  and  this  in  sufficient  quantity,  would  have  been  thrown  upon  the  proposi 
tions,  it  appeared  that  only  two  witnesses  had  been  fully  heard.  The  exami 
nations,  therefore,  were  continued,  and  they  went  on  till  the  twenty-third.  On 
this  day,  the  order  for  the  call  of  the  house,  which  had  been  prolonged,  stand 
ing  uirepealed,  there  was  a  large  attendance  of  members.  A  motion  was  then 
made  to  get  rid  of  the  business  altogether,  but  it  failed.  It  was  now  seen, 
however,  that  it  wat  impossible  to  bring  the  question  to  a  final  decision  in  this 
session,  for  they  who  were  interested  in  it  affirmed  that  they  had  yet  many  im 
portant  witnesses  to  introduce.  Alderman  Newnham,  therefore,  by  the  con 
sent  of  Mr.  Wilberforce,  moved  that  "  the  further  consideration  of  the  subject 
be  deferred  to  the  next  session." 

At  the  next  session,  in  January,  1790,  Mr.  Wilberforce  carried  a  motion  that 
witnesses  should  be  examined  in  future  in  a  committee-room,  which  should  be 
open  to  all  members.  This  was  important,  as  the  examinations  otherwise 
might  have  taken  up  ten  years.  In  the  interim,  Mr.  Clarkson  had  again 
traversed  the  kingdom,  and  collected  a  respectable  body  of  witnesses.  He  had 
visited  over  four  hundred  vessels.  By  the  20th  of  April,  all  the  witnesses  in 
favor  of  the  trade  had  been  examined,  and  an  effort  was  made  to  have  the  case 
argued  immediately,  without  hearing  the  evidence  on  the  other  side  ;  but  the 
eloquence  of  Wilberforce  prevailed,  supported  powerfully  by  Pitt  and  Fox, 
and  the  witnesses  for  their  side  were  also  examined.  The  session  closed  before 
half  the  evidence  deemed  necessary  was  heard. 

One  circumstance  occurred  to  keep  up  a  hatred  of  the  trade  among  the  peo 
ple  in  this  interval,  which,  trivial  as  it  was,  ought  not  to  be  forgotten.  The 
amiable  poet  Cowper  had  frequently  made  the  slave-trade  the  subject  of  his 
contemplation.  He  had  already  severely  condemned  it  in  his  valuable  poem, 
The  Task.  But  now  he  had  written  three  little  fugitive  pieces  upon  it.  Of 
these  the  most  impressive  was  that  which  he  called  The  Negro's  Complaint, 
and  of  which  the  following  is  a  copy : 


f, 


OF  THE  AFRICAN  CLAVE  TRADE.  207   ^ 

Forced  from  home  and  all  its  pleasures, 

Afric's  coast  I  left  forlorn, 
To  increase  a  stranger's  treasures, 

O'er  the  raging  billows  borne; 
Men  from  England  bought  and  sold  me, 

Paid  my  price  in  paltry  gold  ; 
But,  though  theirs  they  have  enroll'd  me, 

Minds  are  never  to  be  sold. 

Still  in  thought  as  free  as  ever, 

What  are  England's  rights,  I  ask, 
Me  from  my  delights  to  sever 

Me  to  torture,  me  to  task  ? 
Fleecy  locks  and  black  complexion 

Cannot  forfeit  Nature's  claim  ; 
Skins  may  differ,  but  affection 

Dwells  in  black  and  white  the  same. 

Why  did  all  creating  Nature 

Make  the  plant,  for  which  we  toil  ? 
Sighs  must  fan  it,  tears  must  water, 

Sweat  of  ours  must  dress  the  soil. 
Think,  ye  masters,  iron-hearted, 

Lolling  at  your  jovial  boards, 
Think,  how  many  backs  have  smarted 

For  the  sweets  your  cane  affords. 

Is  there,  as  you  sometimes  tell  us, 

Is  there  One,  who  rules  on  high  T 
Has  He  bid  you  buy  and  sell  us, 

Speaking  from  his  throne,  the  sky  f 
Ask  Him,  if  your  knotted  scourges, 

Fetters,  blood-extorting  screws, 
Are  the  means,  which  duty  urges 

Agents  of  His  will  to  use  1 

Hark  I  He  answers.     Wild  tornadoes 

Strewing  yonder  sea  with  wrecks, 
Wasting  towns,  plantations,  meadows, 

Are  the  voice  with  which  He  speaks. 
He,  foreseeing  what  vexations 

Afric's  sons  should  undergo, 
Fix'd  their  tyrant's  habitations 

Where  his  whirlwinds  answer  —  No  I 

• 
By  our  blood  in  Afric  wasted, 

Ere  our  necks  receiv'd  the  chain; 
By  the  miseries,  which  we  tasted 

Crossing,  in  your  barks,  the  main  ; 
By  our  sufferings,  since  you  brought  us 

To  the  man-degrading  mart, 
All  sustain'd  by  patience,  taught  us 

Only  by  a  broken  heart. 


* 

.•"••'  .'  ..-.;'•  •.": '  • .  ....-'  '  >,  .  '.  :  '-  * 

208  HISTORY  OF  THE  ABOLITION 

Deem  our  nation  brutes  no  longer, 

Till  some  reason  you  shall  find 
Worthier  of  regard,  and  stronger, 

Than  the  color  of  our  kind. 
Slaves  of  gold  !  whose  sordid  dealings 

Tarnish  all  your  boasted  powers, 
Prove  that  you  have  human  feelings, 

Ere  you  proudly  question  ours. 

This  little  piece,  Cowper  presented  in  manuscript  to  some  of  his  friends  in 
London ;  and  these  conceiving  it  to  contain  a  powerful  appeal  in  behalf  of 
the  injured  Africans,  joined  in  printing  it.  Having  ordered  it  on  the  finest 
hot  pressed  paper,  and  folded  it  up  in  a  small  and  neat  form,  they  gave  it  the 
printed  title  of  "A  Subject  for  Conversation  at  the  Tea-table."  After  this, 
they  sent  many  thousand  copies  of  it  in  franks  into  the  country.  From  one  it 
spread  to  another,  till  it  traveled  almost  over  the  whole  island.  Falling  at 
length  into  the  hands  of  the  musician,  it  was  set  to  music ;  and  it  then  found 
its  way  into  the  streets,  both  of  the  metropolis  and  of  the  country,  where  it 
was  sung  as  a  ballad,  and  where  it  gave  a  plain  account  of  the  subject,  with 
an  appropriate  feeling  to  those  who  heard  it. 

Nor  was  the  philanthropy  of  Mr.  Wedgwood  less  instrumental  in  turning  the 
popular  feeling  in  favor  of  the  cause.  He  made  his  manufactory  contribute  to 
this  end.  He  took  the  seal  of  the  committee  for  his 
model ;  and  he  produced  a  beautiful  cameo,  of  a  less 
size,  of  which  the  ground  was  a  most  delicate  white, 
but  the  negro,  who  was  seen  imploring  compassion  in 
the  middle  of  it,  was  in  his  own  native  color.  Mr. 
Wedgwood  made  a  liberal  donation  of  these,  when  fin 
ished,  among  his  friends.  They,  to  whom  they  were 
sent,  did  not  lay  them  up  in  their  cabinets,  but  gave 
them  away  likewise.  They  were  soon,  like  the  Negro's 
Complaint,  in  different  parts  of  the  kingdom.  Some  had  them  inlaid  in  gold 
on  the  lid  of  their  snuff-boxes.  Of  the  ladies  several  wore  them  in  bracelets, 
and  others  had  them  fitted  up  in  an  ornamental  manner  as  pins  for  their  hair. 
At  length,  the  taste  for  wearing  them  became  general ;  and  thus  the  fashion, 
which  usually  confines  itself  to  worthless  things,  was  seen  for  once  in  the  hon 
orable  office  of  promoting  the  cause  of  justice,  humanity,  and  freedom. 

Mr.  Clarkson  again  departed  on  another  tour,  and  traveled  from  August, 
1790,  to  February,  1791,  and  added  new  and  important  witnesses  to  his  list 
The  examinations  were  resumed,  and  closed  finally  on  the  4th  of  April.  It 
is  from  this  body  of  evidence,  «hus  given,  that  we  have  quoted  so  extensively 
in  former  chapters.  The  evidence  having  been  printed  on  both  sides  for  the 
use  of  the  members,  the  18th  of  April  was  the  day  fixed  upon  for  deciding 
the  case.  By  this  time  every  effort  had  been  made  to  render  the  question 
unpopular  in  the  commons.  Indemnification,  massacre,  civil  war,  ruin,  had 
been  vociferated  in  the  ears  of  members.  At  this  time,  unhappily,  those  san 
guinary  scenes  described  in  another  part  of  this  volume,  were  taking  ")lace  in 


•t 


OF  THE  AFRICAN  SLAVE  TRADE.  209 

St.  Domingo,  in  consequence  of  the  revolution  which  had  been  effected  there, 
and  an  insurrection  had  broken  out  in  the  British  island  of  Dominica.  All 
these  had  been  industriously  exaggerated  in  print,  and  produced  a  terrific 
effect  upon  many  members.  In  this  unfavorable  frame  of  mind  they  went  into 
the  house  on  the  day  appointed. 

On  the  eighteenth  of  April,  1791,  Mr.  Wilberforce  made  his  motion.  He 
began  by  expressing  a  hope  that  the  present  debate,  instead  of  exciting  asper 
ity  and  confirming  prejudice,  would  tend  to  produce  a  general  conviction  o, 
the  truth  of  what  in  fact  was  incontrovertible  ;  that  the  abolition  of  the  slave- 
trade  was  indispensably  required  of  them,  not  only  by  morality  and  religion, 
but  by  sound  policy.  He  stated  that  he  should  argue  the  matter  from  the 
evidence.  He  adverted  to  the  character,  situation,  and  means  of  information 
of  his  own  witnesses ;  and  having  divided  his  subject  into  parts,  the  first  of 
which  related-  to  the  manner  of  reducing  the  natives  of  Africa  to  a  state  of 
slavery,  he  handled  it  in  the  following  manner  : 

He  would  begin,  he  said,  with  the  first  boundary  of  the  trade.  Captain 
Wilson  and  Captain  Hills,  of  his  majesty's  navy,  and  Mr.  Dalrymple  of  the 
land  service,  had  concurred  in  stating,  that  in  the  country  contiguous  to  the 
river  Senegal,  when  slave-ships  arrived  there,  armed  parties  were  regularly 
sent  out  in  the  evening,  who  scoured  the  country,  and  brought  in  their  prey. 
The  wretched  victims  were  to  be  seen  in  the  morning  bound  back  to  back  in 
the  huts  on  shore,  whence  they  were  conveyed,  tied  hand  and  foot,  to  the  slave 
ships.  The  design  of  these  ravages  was  obvious,  because,  when  the  slave-trade 
was  stopped,  they  ceased.  Mr.  Kiernan  spoke  of  the  constant  depredations 
by  the  Moors  to  procure  slaves.  Mr.  Wadstrom  confirmed  them.  The  latter 
gentleman  showed  also  that  they  were  excited  by  presents  of  brandy,  gun 
powder,  and  such  other  incentives ;  and  that  they  were  not  only  carried  on  by 
one  community  against  another,  but  that  the  kings  were  stimulated  to  prac 
tice  them  in  their  own  territories,  and  on  their  own  subjects :  and  in  one  in 
stance  a  chieftain,  who,  when  intoxicated,  could  not  resist  the  demands  of  the 
slave-merchants,  had  expressed,  in  a  moment  of  reason,  a  due  sense  of  his 
own  crime,  and  had  reproached  his  Christian  seducers.  Abundant  also  were 
the  instances  of  private  rapine.  Individuals  were  kidnapped  whilst  in  their 
fields  and  gardens.  There  was  an  universal  feeling  of  distrust  and  apprehen 
sion  there.  The  natives  never  went  any  distance  from  home  without  arms  ; 
and  when  Captain  Wilson  asked  them  the  reason  of  it,  they  pointed  to  a  slave 
ship  then  lying  within  sight. 

On  the  windward  coast,  it  appeared  from  Lieutenant  Story  and  Mr.  Bow 
man,  that  the  evils  just  mentioned  existed,  if  possible,  in  a  still  higher  degree. 
They  had  seen  the  remains  of  villages  which  had  been  burned,  whilst  the  fields 
of  corn  were  still  standing  beside  them,  and  every  other  trace  of  recent  desola 
tion.  Here  an  agent  was  sent  to  establish  a  settlement  in  the  country,  and  to 
send  to  the  ships  such  slaves  as  he  might  obtain.  The  orders  he  received  from 
the  captain  were,  that  "he  was  to  encourage  the  chieftains  by  brandy  and  gun 
powder  to  go  to  war,  to  make  slaves."  This  he  did.  The  chieftains  perforra- 
14 


210  DEBATE  IN  PARLIAMENT. 

ed  their  part  in  return.  The  neighboring  villages  were  surrounded  and  set  on 
fire  in  the  night.  The  inhabitants  were  seized  when  making  their  escape ;  and, 
being  brought  to  the  agent,  were  by  him  forwarded  to  his  principal  on  the 
coast.  Mr.  How,  a  botanist  in  the  service  of  government,  slated  that  on  the 
arrival  of  an  order  for  slaves  from  Cape  Coast  Castle,  while  he  was  there,  a 
native  chief  immediately  sent  forth  armed  parties,  who  brought  in  a  supply  of 
all  descriptions  in  the  night. 

All  these  atrocities,  he  said,  were  fully  substantiated  by  the  evidence ;  and 
here  he  should  do  injustice  to  his  cause  if  he  were  not  to  make  a  quotation 
from  the  speech  of  Mr.  Bryan  Edwards  in  the  assembly  of  Jamaica,  who, 
though  he  was  hostile  to  his  propositions,  had  yet  the  candor  to  deliver  him 
self  in  the  following  manner  there :  "I  am  persuaded,"  says  he,  "that  Mr. 
Wilberforce  has  been  rightly  informed  as  to  the  manner  in  which  slaves  are 
generally  procured.  The  intelligence  I  have  collected  from  my  own  negroes 
abundantly  confirms  his  account ;  and  I  have  not  the  smallest  doubt,  that  in 
Africa  the  effects  of  this  trade  are  precisely  such  as  he  has  represented  them. 
The  whole,  or  the  greatest  part  of  that  immense  continent,  is  a  field  of  warfare 
and  desolation  ;  a  wilderness  in  which  the  inhabitants  are  wolves  towards  each 
other.  That  this  scene  of  oppression,  fraud,  treachery,  and  bloodshed,  if  not 
originally  occasioned,  is  in  part  (I  will  not  say  wholly)  upheld  by  the  slave- 
trade,  I  dare  not  dispute.  Every  man  in  the  sugar  islands  may  be  convinced 
that  it  is  so,  who  will  inquire  of  any  African  negroes,  on  their  first  arrival, 
concerning  the  circumstances  of  their  captivity.  The  assertion  that  it  is  other 
wise  is  mockery  and  insult." 

It  was  another  effect  of  this  trade  that  it  corrupted  the  morals  of  those  who 
carried  it  on.  Every  fraud  was  used  to  deceive  the  ignorance  of  the  natives 
by  false  weights  and  measures,  adulterated  commodities,  and  other  impositions 
of  a  like  sort.  These  frauds  were  even  acknowledged  by  many  who  had  them 
selves  practiced  them  in  obedience  to  the  orders  of  their  superiors.  For  the 
honor  of  the  mercantile  character  of  the  country,  such  a  traffic  ought  immedi 
ately  to  be  suppressed. 

With  respect  to  the  miseries  of  the  middle  passage,  he  had  said  so  much  on 
a  former  occasion,  that  he  would  spare  the  feelings  of  the  committee  as  much  as 
he  could.  He  would  therefore  state  that  the  evidence  which  was  before  them 
confirmed  all  those  scenes  of  wretchedness,  which  he  had  then  described ;  the 
same  suffering  from  a  state  of  suffocation  by  being  crowded  together;  the 
same  dancing  in  fetters ;  the  same  melancholy  singing ;  the  same  eating  by 
compulsion  ;  the  same  despair ;  the  same  insanity  ;  and  all  the  other  abomina 
tions  which  characterized  the  trade.  New  instances,  however,  had  occurred, 
where  these  wretched  men  had  resolved  on  death  to  terminate  their  woes 
Some  had  destroyed  themselves  by  refusing  sustenance,  in  spite  of  threats  and 
punishments.  Others  had  thrown  themselves  into  the  sea ;  and  more  than  one, 
when  in  the  act  of  drowning,  were  seen  to  wave  their  hands  in  triumph,  "  ex 
ulting  (to  use  the  words  of  an  eye-witness)  that  they  had  escaped. "  Yet  these 
and  similar  things,  when  viewed  through  the  African  medium  he  had  mention- 


SPEECH  OF  MR.  WILBERFORCE. 

ed,  took  a  different  shape  and  color.  Captain  Knox,  an  adverse  witness,  had 
maintained  that  slaves  lay  during  the  night  in  tolerable  comfort.  And  yet  he 
confessed  that  in  a  vessel  of  one  hundred  and  twenty  tons,  in  which  he  had 
carried  two  hundred  and  ninety  slaves,  the  latter  had  not  all  of  them  room  to 
lie  on  their  backs.  How  comfortably,  then,  must  they  have  lain  in  his  subse 
quent  voyages,  for  he  carried  afterwards,  in  a  vessel  of  one  hundred  and  eight 
tons,  four  hundred  and  fifty,  and  in  a  vessel  of  one  hundred  and  fifty  tons,  no 
less  than  six  hundred  slaves.  Another  instance  of  African  deception  was  to 
be  found  in  the  testimony  of  Captain  Frazer,  one  of  the  most  humane  captains 
in  the  trade.  It  had  been  said  of  him  that  he  had  held  hot  coals  to  the  mouth 
of  a  slave  to  compel  him  to  eat. 

But  upon  whom  did  the  cruelties  thus  arising  out  of  the  prosecution  of  this 
barbarous  traffic  fall  ?  Upon  a  people  with  feeling  and  intellect  like  ourselves. 
One  witness  had  spoken  of  the  acuteness  of  their  understanding ;  another  of 
the  extent  of  their  memories ;  a  third  of  their  genius  for  commerce  ;  a  fourth 
of  their  proficiency  in  manufactures  at  home.  Many  had  admired  their  gentle 
and  peaceable  disposition,  their  cheerfulness,  and  their  hospitality.  Even 
they,  who  were  nominally  slaves  in  Africa,  lived  a  happy  life.  A  witness 
against  the  abolition  had  described  them  as  sitting  and  eating  with  their  mas 
ters  in  the  true  style  of  patriarchal  simplicity  and  comfort.  Were  these,  then, 
a  people  incapable  of  civilization  ?  The  argument  that  they  were  an  inferior 
species  had  been  proved  to  be  false. 

Mr.  Wilberforce,  after  showing  in  a  very  lucid  manner,  and  by  incontestable 
arguments,  that  the  abolition  of  the  trade  in  question,  instead  of  being  an  in 
jury,  would  be  a  lasting  benefit  to  the  West  India  islands,  concluded  by  decla 
ring  that,  interested  as  he  might  be  supposed  to  be  in  the  final  event  of  the  ques 
tion,  he  was  comparatively  indifferent  as  to  the  present  decision  of  the  house  upon 
it.  Whatever  they  might  do,  the  people  of  Great  Britain,  he  was  confident, 
would  abolish  the  slave-trade  when,  as  would  soon  happen,  its  injustice  and 
cruelty  should  be  fairly  laid  before  them.  It  was  a  nest  of  serpents,  which 
would  never  have  existed  so  long,  but  for  the  darkness  in  which  they  lay  hid. 
The  light  of  day  would  now  be  let  in  on  them,  and  they  would  vanish  from  the 
sight.  For  himself,  he  declared  that  he  was  engaged  in  a  work  which  he  would 
never  abandon.  The  consciousness  of  the  justice  of  his  cause  would  carry  him 
forward,  though  he  were  alone ;  but  he  could  not  but  derive  encouragement 
from  considering  with  whom  he  was  associated.  Let  ue  not,  he  said,  despair. 
It  is  a  blessed  cause;  and  success  ere  long  will  crown  our  exertions.  Already 
we  have  gained  one  victory.  We  have  obtained  for  these  poor  creatures  the 
recognition  of  their  human  nature,  which  for  a  while  was  most  shamefully  de 
nied  them.  This  is  the  first  fruit  of  our  efforts.  Let  us  persevere,  and  our 
triumph  will  be  complete.  Never,  never  will  we  disist  till  we  have  wiped  away 
this  scandal  from  the  Christian  name ;  till  we  have  released  ourselves  from  the 
load  of  guilt  under  which  we  at  present  labor ;  and  till  we  have  extinguished 
every  trace  of  this  bloody  traffic,  which  our  posterity,  looking  back  to  the  his- 


212  DEBAT3  IN  PARLIAMENT. 

tory  of  these  enlightened  times,  will  scarcely  believe  had  been  suffered  to  exist 
so  long,  a  disgrace  and  a  dishonor  to  our  country. 

He  then  moved  that  the  chairman  be  instructed  to  move  for  leave  to  bring 
in  a  bill  to  prevent  the  further  importation  of  slaves  into  the  British  colonies 
in  the  West  Indies. 

Colonel  Tarleton  immediately  rose  up  and  began  by  giving  an  historical  ac 
count  of  the  trade  from  the  reign  of  Elizabeth  to  the  present  time.  He  then 
proceeded  to  the  sanction  which  parliament  had  always  given  it.  Hence  it 
could  not  be  withdrawn  without  a  breach  of  faith.  Hence,  also,  the  private 
property  embarked  in  it  was  sacred ;  nor  could  it  be  invaded  unless  an  ade 
quate  compensation  were  given  in  return.  They  who  had  attempted  the  aboli 
tion  of  the  trade  were  led  away  by  a  mistaken  humanity.  The  Africans  them 
selves  had  no  objection  to  its  continuance.  With  respect  to  the  middle  pas 
sage,  he  believed  the  mortality  there  to  be  on  an  average  only  five  in  the  hun 
dred  ;  whereas  in  regiments  sent  out  to  the  West  Indies,  the  average  loss  in 
the  year  was  about  ten  and  a  half  per  cent.  The  slave-trade  was  absolutely 
necessary,  if  we  meant  to  carry  on  our  West  India  commerce  ;  for  many  at 
tempts  had  been  made  to  cultivate  the  lands  in  the  different  islands  by  white 
laborers,  but  they  had  always  failed.  It  had  also  the  merit  of  keeping  up  a 
number  of  seamen  in  readiness  for  the  state.  Lord  Rodney  had  stated  this  as 
one  of  its  advantages  on  the  breaking  out  of  a  war.  Liverpool  alone  could 
supply  nine  hundred  and  ninety-three  seamen  annually. 

He  would  now  advert  to  the  connections  dependent  upon  the  African  trade. 
It  was  the  duty  of  the  house  to  protect  the  planters,  whose  lives  had  been, 
and  were  then  exposed  to  imminent  dangers,  and  whose  property  had  under 
gone  an  unmerited  depreciation,  and  to  what  could  this  depreciation,  and  to 
what  could  the  late  insurrection  at  Dominica  be  imputed,  which  had  been  saved 
from  horrid  carnage  and  midnight  butchery  only  by  the  adventitious  arrival  of 
two  British  regiments  ?  They  could  only  be  attributed  to  the  long  delayed 
question  of  the  abolition  of  the  slave-trade ;  and  if  this  question  were  to  go 
much  longer  unsettled,  Jamaica  would  be  endangered  also.  To  members  of 
landed  property  he  would  observe,  that  the  abolition  would  lessen  the  com 
merce  of  the  country,  and  increase  the  national  debt  and  the  number  of  their 
taxes.  The  minister,  he  hoped,  who  patronized  this  wild  scheme,  had  some 
new  pecuniary  resource  in  store  to  supply  the  deficiencies  it  would  occasion. 

Mr.  Grosvenor  then  rose  :  He  complimented  the  humanity  of  Mr.  Wilber- 
force,  though  he  differed  from  him  on  the  subject  of  his  motion.  He  himself 
had  read  only  the  privy  council  report ;  and  he  wished  for  no  other  evidence. 
The  question  had  been  delayed  two  years.  Had  the  abolition  been  so  clear  a 
point  as  it  was  said  to  be,  it  could  not  have  needed  either  so  much  evidence  or 
time. 

He  had  heard  a  good  deal  about  kidnapping  and  other  barbarous  practices. 
He  was  sorry  for  them.  But  these  were  the  natural  consequences  of  the  laws 
of  Africa ;  and  it  became  us  as  wise  men  to  turn  them  to  our  own  advantage. 


DEBATE  IN  PARLIAMENT.  213 

fiie  slave-trade  was  certainly  not  an  amiable  trade.  Neither  was  that  of  a 
butcher ;  but  yet  it  was  a  very  necessary  one. 

There  was  great  reason  to  doubt  the  propriety  of  the  present  motion.  He 
had  twenty  reasons  for  disapproving  of  it.  The  first  was,  that  the  thing  was 
impossible.  He  needed  not,  therefore,  to  give  the  rest.  Parliament,  indeed, 
might  relinquish  the  trade.  But  to  whom  ?  To  foreigners,  who  would  con 
tinue  it,  and  without  the  humane  regulations  which  were  applied  to  it  by  his 
countrymen. 

He  would  give  advice  to  the  house  on  this  subject  in  the  words  which  the 
late  Alderman  Beckford  used  on  a  different  occasion:  "Meddle  not  with 
troubled  waters ;  they  will  be  found  to  be  bitter  waters,  and  waters  of  afflic 
tion."  He  again  admitted  that  the  slave-trade  was  not  an  amiable  trade ; 
but  he  would  not  gratify  his  humanity  at  the  expense  of  the  interests  of  his 
country ;  and  he  thought  we  should  not  too  curiously  inquire  into  the  unpleas 
ant  circumstances  which  attended  it. 

Mr.  James  Martin  succeeded  Mr.  Grosvenor.  He  said  he  had  been  long 
aware  how  much  self-interest  could  pervert  the  judgment ;  but  he  was  not  ap 
prised  of  the  full  power  of  it  till  the  slave-trade  became  a  subject  of  discus 
sion.  He  had  always  conceived  that  the  custom  of  trafficking  in  human  beings 
had  been  incautiously  begun,  and  without  any  reflection  upon  it ;  for  he  never 
could  believe  that  any  man,  under  the  influence  of  moral  principles,  could  suf 
fer  himself  knowingly  to  carry  on  a  trade  replete  with  fraud,  cruelty,  and  de 
struction  ;  with  destruction,  indeed,  of  the  worst  kind,  because  it  subjected  the 
sufferers  to  a  lingering  death.  But  he  found  now  that  even  such  a  trade  as  this 
could  be  sanctioned. 

It  was  well  observed  in  the  petition  from  the  university  of  Cambridge  against 
the  slave-trade,  "  that  a  firm  belief  in  the  providence  of  a  benevolent  Creator 
assured  them  that  no  system,  founded  on  the  oppression  of  one  part  of  man 
kind,  could  be  beneficial  to  another. "  He  felt  much  concern,  that  in  an  assem 
bly  of  the  representatives  of  a  country,  boasting  itself  zealous,  not  only  for  the 
preservation  of  its  own  liberties,  but  for  the  general  rights  of  mankind,  it 
should  be  necessary  to  say  a  single  word  upon  such  a  subject ;  but  the  deceit- 
fulness  of  the  human  heart  was  such  as  to  change  the  appearances  of  truth, 
when  it  stood  in  opposition  to  self-interest.  And  he  had  to  lament  that  even 
among  those  whose  public  duty  it  was  to  cling  to  the  universal  and  eternal 
principles  of  truth,  justice,  and  humanity,  there  were  found  some  who  could 
defend  that  which  was  unjust,  fraudulent  and  cruel. 

The  doctrines  he  had  heard  that  evening,  ought  to  have  been  reserved  for 
times  the  most  flagrantly  profligate  and  abandoned.  He  never  expected  then 
to  learn  that  the  everlasting  laws  of  righteousness  were  to  give  way  to  imagi 
nary,  political,  and  commercial  expediency ;  and  that  thousands  of  our  fellow- 
creatures  were  to  be  reduced  to  wretchedness,  that  individuals  might  enjoy 
opulence,  or  government  a  revenue. 

This  motion,  he  said,  came  strongly  recommended  to  them.  The  honorable 
member  who  had  introduced  it,  was  justly  esteemed  for  his  character.  He  was 


214  DEBATE  IN  PARLIAMENT. 

the  representative,  too,  of  a  noble  county,  which  had  been  always  ready  to  take 
the  lead  in  every  public  measure  for  the  good  of  the  community,  or  for  the 
general  benefit  of  mankind ;  of  a  county,  too,  which  had  had  the  honor  of 
producing  a  Saville.  Had  his  illustrious  predecessor  been  alive,  he  would 
have  shown  the  same  zeal  on  the  same  occasion.  The  preservation  of  the  un- 
alienable  rights  of  all  his  fellow-creatures  was  one  of  the  chief  characteristics 
of  that  excellent  citizen.  Let  every  member  in  that  house  imitate  him  in  the 
purity  of  their  conduct  and  in  the  universal  rectitude  of  their  measures,  and 
they  would  pay  the  same  tender  regard  to  the  rights  of  other  countries  as  to 
those  of  their  own ;  and,  for  his  part,  he  should  never  believe  those  persons  to 
be  sincere,  who  were  loud  in  their  professions  of  love  of  liberty,  if  he  saw  that 
love  confined  to  the  narrow  circle  of  one  community,  which  ought  to  be  extend 
ed  to  the  natural  rights  of  every  inhabitant  of  the  globe. 

But  we  should  be  better  able  to  bring  ourselves  up  to  this  standard  of  recti 
tude,  if  we  were  to  put  ourselves  into  the  situation  of  those  whom  we  oppressed. 
This  was  the  rule  of  our  religion.  What  should  we  think  of  those  who  should 
say  that  it  was  their  interest  to  injure  us  ?  But  he  hoped  we  should  not  de 
ceive  ourselves  so  grossly  as  to  imagine,  that  it  was  our  real  interest  to  oppress 
any  one.  The  advantages  to  be  obtained  by  tyranny  were  imaginary,  and  de 
ceitful  to  the  tyrant ;  and  the  evils  they  caused  to  the  oppressed  were  grievous, 
and  often  insupportable. 

Before  he  sat  down,  he  would  apologize,  if  he  had  expressed  himself  too 
warmly  on  this  subject.  He  did  not  mean  to  offend  any  one.  There  were 
persons  connected  with  the  trade,  some  of  whom  he  pitied  on  account  of  the 
difficulty  of  their  situation.  But  he  should  think  most  contemptibly  of  him 
self  as  a  man,  if  he  could  talk  on  this  traffic  without  emotion.  It  would  be  a 
sign  to  him  of  his  own  moral  degradation  He  regretted  his  inability  to  do 
justice  to  such  a  cause  ;  but  if,  in  having  attempted  to  forward  it,  he  had  shown 
the  weakness  of  his  powers,  he  must  console  himself  with  the  consideration 
that  he  felt  more  solid  comfort  in  having  acted  up  to  sound  public  principles, 
than  he  could  have  done  from  the  exertion  of  the  most  splendid  talents  against 
the  conviction  of  his  conscience. 

Mr.  Francis  instanced  an  overseer,  who,  having  thrown  a  negro  into  a 
copper  of  boiling  cane-juice  for  a  trifling  offense,  was  punished  merely  by  the 
loss  of  his  place,  and  by  being  obliged  to  pay  the  value  of  the  slave.  He 
stated  another  instance  of  a  girl  of  fourteen,  who  was  dreadfully  whipped  for 
coming  too  late  to  her  work.  She  fell  down  motionless  after  it,  and  was  then 
dragged  along  the  ground,  by  the  legs,  to  a  hospital,  where  she  died.  The 
murderer,  though  tried,  was  acquitted  by  a  jury  of  his  peers,  upon  the  idea 
that  it  was  impossible  a  master  could  destroy  his  own  property.  This  was  a 
notorious  fact.  It  was  published  in  the  Jamaica  Gazette ;  and  it  had  even 
happened  since  the  question  of  the  abolition  had  been  started. 

Mr.  Fox  said  that  he  would  not  believe  that  there  could  be  found  in  the 
house  of  commons,  men  of  such  hard  hearts  and  inaccessible  understandings, 
as  to  vote  an  assent  to  the  continuance  of  this  detestable  trade,  and  then  go 


SPEECH  CF  MR.  SMITH. 

home  to  their  families,  satisfied  with  their  vote,  after  they  had  been  once  made 
acquainted  with  the  subject. 

Mr.  Matthe\v  Montagu  rose,  and  said  a  few  words  in  support  of  the  motion; 
and  after  condemning  the  trade  in  the  strongest  manner,  he  declared,  that  as 
long  as  he  had  life,  he  would  use  every  faculty  of  his  body  and  mind  in  endea 
voring  to  promote  its  abolition. 

Lord  John  Russell  succeeded  Mr  Montagu.  He  said  that  although  slavery 
was  repugnant  to  his  feelings,  he  must  vote  against  the  abolition,  as  visionary 
and  delusive.  It  was  a  feeble  attempt  without  the  power  to  serve  the  cause 
of  humanity.  Other  nations  would  take  up  the  trade.  Whenever  a  bill  of 
wise  regulations  should  be  brought  forward,  no  man  would  be  more  ready  than 
himself  to  lend  his  support.  In  this  way  the  rights  of  humanity  might  be 
asserted  without  injury  to  others.  He  hoped  he  should  not  incur  censure  by 
his  vote ;  for,  let  his  understanding  be  what  it  might,  he  did  not  know  that  he 
had,  notwithstanding  the  assertions  of  Mr.  Fox,  an  inaccessible  heart. 

Mr.  William  Smith  remarked  :  That  the  slaves  were  exposed  to  great  misery 
in  the  islands,  was  true  as  well  from  inference  as  from  facts ;  for  what  might 
not  be  expected  from  the  use  of  arbitrary  power,  where  the  three  characters  of 
party,  judge,  and  executioner  were  united !  The  slaves,  too,  were  more  capable 
on  account  of  their  passions,  than  the  beasts  of  the  field,  of  exciting  the  pas 
sions  of  their  tyrants.  To  what  a  length  the  ill  treatment  of  them  might  be 
carried,  might  be  learnt  from  the  instance  which  General  Tottenham  mentioned 
to  have  seen  in  the  year  1780,  in  the  streets  of  Bridge  Town,  Barbadoes :  "A 
youth  about  nineteen,  (to  use  his  own  words  in  the  evidence,)  entirely  naked, 
with  an  iron  collar  about  his  neck,  having  five  long  projecting  spikes.  His 
body,  both  before  and  behind,  was  covered  with  wounds.  His  belly  and  thighs 
were  almost  cut  to  pieces,  with  running  ulcers  all  over  them  ;  and  a  finger 
might  have  been  laid  in  some  of  the  weals.  He  could  not  sit  down,  because 
his  hinder  part  was  mortified ;  and  it  was  impossible  for  him  to  lie  down,  on 
account  of  the  prongs  of  his  collar."  He  supplicated  the  general  for  relief. 
The  latter  asked  who  had  punished  him  so  dreadfully  ?  The  youth  answered 
his  master  had  done  it.  And  because  he  could  not  work,  this  same  master,  in 
the  same  spirit  of  perversion  which  extorts  from  scripture  a  justification  of 
the  slave-trade,  had  fulfilled  the  apostolic  maxim,  that  he  should  have  nothing 
to  eat.  The  use  he  meant  to  make  of  this  instance,  was  to  show  the  unpro 
tected  state  of  the  slaves.  What  must  it  be  where  such  an  instance  could  pass 
not  only  unpunished,  but  almost  unregarded  ?  If,  in  the  streets  of  London, 
but  a  dog  were  to  be  seen  lacerated  like  this  miserable  man,  how  would  the 
cruelty  of  the  wretch  be  execrated,  who  had  thus  even  abused  a  brute  ! 

The  judicial  punishments  also  inflicted  upon  the  negro  showed  the  low  esti 
mation  in  which,  in  consequence  of  the  strength  of  old  customs  and  deep-rooted 
prejudices,  they  were  held.  Mr.  Edwards,  in  his  speech  to  the  assembly  at 
Jamaica,  stated  the  following  case,  as  one  which  had  happened  in  one  of  the 
rebellions  there.  Some  slaves  had  surrounded  the  dwelling-house  of  their  mis 
tress.  She  was  in  bed  with  a  lovely  infant.  They  deliberated  upon  the  means 


210  DEBATE  IN  PARLIAMENT. 

of  putting  her  to  death  in  torment.  But  in  the  end  one  of  them  reserved  her 
for  his  mistress ;  and  they  killed  her  infant  with  an  axe  before  her  face.  "  Now," 
says  Mr.  Edwards,  (addressing  himself  to  his  audience,)  "you  will  think  that 
no  torments  were  too  great  for  such  horrible  excesses.  Nevertheless,  I  am  of 
a  different  opinion.  I  think  that  death,  unaccompanied  with  cruelty,  should  be 
the  utmost  exertion  of  human  authority  over  our  unhappy  fellow-creatures. n 
Torments,  however,  were  always  inflicted  in  these  cases.  The  punishment  waa 
gibbeting  alive,  and  exposing  the  delinquents  to  perish  by  the  gradual  effects 
of  hunger,  thirst,  and  a  parching  sun ;  in  which  situation  they  were  known  to 
suffer  for  nine  days,  with  a  fortitude  scarcely  credible,  never  uttering  a  single 
groan.  But  horrible  as  the  excesses  might  have  been,  which  occasioned  these 
punishments,  it  must  be  remembered  that  they  were  committed  by  ignorant 
savages,  who  had  been  dragged  from  all  they  held  most  dear ;  whose  patience 
had  been  exhausted  by  a  cruel  and  loathsome  confinement  during  their  trans 
portation  ;  and  whose  resentment  had  been  wound  up  to  the  highest  pitch  of 
fury  by  the  lash  of  the  driver. 

But  he  would  now  mention  another  instance,  by  way  of  contrast,  out  of  the 
evidence.  A  child  on  board  a  slave-ship,  of  about  ten  months  old,  became 
sulky  and  would  not  eat.  The  captain  flogged  it  with  a  cat,  swearing  that 
he  would  make  it  eat,  or  kill  it.  From  this  and  other  ill  treatment  the  child's 
legs  swelled.  He  then  ordered  some  water  to  be  made  hot  to  abate  the  swell 
ing.  But  even  his  tender  mercies  were  cruel ;  for  the  cook,  on  putting  his 
hand  into  the  water,  said  it  was  too  hot.  Upon  this  the  captain  swore  at  him, 
and  ordered  the  feet  to  be  put  in.  This  was  done.  The  nails  and  skin  came 
off.  Oiled  cloths  were  then  put  round  them.  The  child  was  at  length  tied  to 
a  heavy  log.  Two  or  three  days  afterwards,  the  captain  caught  it  up  again, 
and  repeated  that  he  would  make  it  eat,  or  kill  it.  He  immediately  flogged  it 
again,  and  in  a  quarter  of  an  hour  it  died.  But,  after  the  child  was  dead,  whom 
should  the  barbarian  select  to  throw  it  overboard  but  the  wretched  mother? 
In  vain  she  started  from  the  office.  He  beat  her  till  he  made  her  take  up  the 
child  and  carry  it  to  the  side  of  the  vessel.  She  then  dropped  it  into  the  sea, 
turning  her  head  the  other  way  that  she  might  not  see  it. 

Now  it  would  naturally  be  asked,  Was  not  this  captain  also  gibbeted  alive  ? 
Alas  !  although  the  execrable  barbarity  of  the  European  exceeded  that  of  the 
Africans  before  mentioned,  almost  as  much  as  his  opportunities  of  instruction 
had  been  greater  than  theirs,  no  notice  whatsoever  was  taken  of  this  horrible 
action ;  and  a  thousand  similar  cruelties  had  been  committed  in  this  abomina 
ble  trade  with  equal  impunity :  but  he  would  say  no  more.  He  should  vote  for 
the  abolition,  not  only  as  it  would  do  away  all  the  evils  complained  of  in  Af 
rica  and  the  middle  passage,  but  as  it  would  be  the  most  effectual  means  of 
ameliorating  the  condition  of  those  unhappy  persons  who  were  still  to  continue 
slaves  in  the  British  colonies. 

Mr.  Courtenay  entreated  every  member  to  recollect  that  on  his  vote  that 
night  depended  the  happiness  of  millions ;  and  that  it  was  then  in  his  power 
to  promote  a  measure  of  which  the  benefits  would  be  felt  over  one  whole  quar 


SPEECH  OF  MR.  PITT.  217 

ter  of  the  globe  ;  that  the  seeds  of  civilization  might,  by  the  present  bill,  be 
sown  all  over  Africa  ;  and  the  first  principles  of  humanity  be  established  in  re 
gions  where  they  had  hitherto  been  excluded  by  the  existence  of  this  execrable 
trade. 

Mr.  Pitt  rose  and  said  that  from  the  first  hour  of  his  having  had  the  honor 
to  sit  in  parliament  down  to  the  present,  among  all  the  questions,  whether  po 
litical  or  personal,  in  which  it  had  been  his  fortune  to  take  a  share,  there  had 
never  been  one  in  which  his  heart  was  so  deeply  interested  as  in  the  present ; 
Loth  on  account  of  the  serious  principles  it  involved,  and  the  consequences 
connected  with  it. 

The  present  was  not  a  mere  question  of  feeling.  The  argument  which 
ought  in  his  opinion  to  determine  the  committee,  was,  that  the  slave-trade  was 
unjust.  It  was  therefore  such  a  trade  as  it  was  impossible  for  him  to  support, 
unless  it  could  be  first  proved  to  him  that  there  were  no  laws  of  morality  bind 
ing  upon  nations  ;  and  that  it  was  not  the  duty  of  a  legislature  to  restrain  its 
subjects  from  invading  the  happiness  of  other  countries,  and  from  violating  the 
fundamental  principles  of  justice. 

Several  had  stated  the  impracticability  of  the  measure  before  them.  They 
wished  to  see  the  trade  abolished  ;  but  there  was  some  necessity  for  continuing 
in  it  which  they  conceived  to  exist.  Nay,  almost  every  one,  he  believed,  ap 
peared  to  wish  that  the  further  importation  of  slaves  might  cease,  provided  it 
could  be  made  out  that  the  population  of  the  West  Indies  could  be  maintained 
without  it.  He  proposed,  therefore,  to  consider  the  latter  point;  for,  as  the 
impracticability  of  keeping  up  the  population  there  appeared  to  operate  as  the 
chief  objection,  he  trusted  that,  by  showing  it  to  be  ill  founded,  he  should  clear 
away  all  other  obstacles  whatever  ;  so  that,  having  no  ground  either  of  justice  or 
necessity  to  stand  upon,  there  could  be  no  excuse  left  to  the  committee  for  re 
sisting  the  present  motion. 

He  might  reasonably,  however,  hope  that  they  would  not  reckon  any  small 
or  temporary  disadvantage  which  might  arise  from  the  abolition  to  be  a  suffi 
cient  reason  against  it.  It  was  surely  not  any  slight  degree  of  expediency, 
nor  any  small  balance  of  profit,  nor  any  light  shades  of  probability  on  the  one 
side,  rather  than  on  the  other,  which  would  determine  them  on  this  question. 
He  asked  pardon  even  for  the  supposition.  The  slave-trade  was  an  evil  of 
such  magnitude  that  there  must  be  a  common  wish  in  the  committee  at  once  to 
put  an  end  to  it,  if  there  were  no  great  and  serious  obstacles.  It  was  a  trade 
by  which  multitudes  of  unoffending  nations  were  deprived  of  the  blessings  of 
civilization,  and  had  their  peace  and  happiness  invaded.  It  ought,  therefore, 
to  be  no  common  expediency,  it  ought  to  be  nothing  less  than  the  utter  ruin  of 
our  islands  which  it  became  those  to  plead  who  took  upon  them  to  defend  the 
continuance  of  it. 

He  could  not  help  thinking  that  the  West  India  gentlemen  had  manifested 
an  over  great  degree  of  sensibility  as  to  the  point  in  question ;  and  that  their 
alarms  had  been  unreasonably  excited  upon  it.  He  had  examined  the  subject 
carefully  for  himself;  and  he  would  now  detail  those  reasons  which  had  in- 


218  DEBATE  IN  PARLIAMENT 

duced  him  firmly  to  believe  not  only  that  no  permanent  mischief  would  follow 
from  the  abolition,  but  not  even  any  such  temporary  inconvenience  as  could  be 
stfited  to  be  a  reason  for  preventing  the  house  from  agreeing  to  the  motion  be 
fore  them ;  on  the  contrary,  that  the  abolition  itself  would  lay  the  foundation 
for  the  more  solid  improvement  of  all  the  various  interests  of  those  colonies. 

In  doing  this,  he  should  apply  his  observations  chiefly  to  Jamaica,  which 
contained  more  than  half  the  slaves  in  the  British  West  Indies ;  and  if  he 
should  succeed  in  proving  that  no  material  detriment  could  arise  to  the  popu 
lation  there,  this  would  afford  so  strong  a  presumption  with  respect  to  the  other 
islands,  that  the  house  could  no  longer  hesitate  whether  they  should  or  should 
not  put  a  stop  to  this  most  horrid  trade. 

In  the  twenty  years  ending  in  1788,  the  annual  loss  of  slaves  in  Jamaica, 
(that  is,  the  excess  of  deaths  above  the  births,)  appeared  to  be  one  in  the  hun 
dred.  In  a  preceding  period  the  loss  was  greater ;  and,  in  a  period  before 
that,  greater  still ;  there  having  been  a  continual  gradation  in  the  decrease 
through  the  whole  time.  It  might  fairly  be  concluded,  therefore,  that  (the  av 
erage  loss  of  the  last  period  being  one  per  cent.)  the  loss  in  the  former  part 
of  it  would  be  somewhat  more,  and  in  the  latter  part  somewhat  less  than  one 
per  cent.,  insomuch  that  it  might  be  fairly  questioned  whether,  by  this  time,  the 
births  and  deaths  in  Jamaica  might  not  be  stated  as  nearly  equal.  It  was  to 
be  added  that  a  peculiar  calamity,  which  swept  away  fifteen  thousand  slaves, 
had  occasioned  a  part  of  the  mortality  in  the  last  mentioned  period.  The 
probable  loss,  therefore,  now  to  be  expected  was  very  inconsiderable  indeed. 

There  was,  however,  one  circumstance  to  be  added,  which  the  West  India 
gentlemen,  in  stating  this  matter,  had  entirely  overlooked ;  and  which  was  so 
material  as  clearly  to  reduce  the  probable  diminution  in  the  population  of  Ja 
maica  down  to  nothing.  In  all  the  calculations  he  had  referred  to  of  the  com 
parative  number  of  births  and  deaths,  all  the  negroes  in  the  island  were  in 
cluded.  The  newly  imported,  who  died  in  the  seasoning,  made  a  part.  But 
these  swelled,  most  materially,  the  number  of  the  deaths.  Now  as  these  ex 
traordinary  deaths  would  cease  as  soon  as  the  importations  ceased,  a  deduction 
of  them  ought  to  be  made  from  his  present  calculation. 

But  the  number  of  those  who  thus  died  in  the  seasoning  would  make  up  of 
itself  nearly  the  whole  of  that  one  per  cent,  which  had  been  stated.  He  par 
ticularly  pressed  an  attention  to  this  circumstance ;  for  the  complaint  of  being 
likely  to  want  hands  in  Jamaica  arose  from  the  mistake  of  including  the  pres 
ent  unnatural  deaths,  caused  by  the  seasoning,  among  the  natural  and  perpet 
ual  causes  of  mortality.  These  deaths,  being  erroneously  taken  into  the  cal 
culations,  gave  the  planters  an  idea  that  the  numbers  could  not  be  kept  up. 
These  deaths,  which  were  caused  merely  by  the  slave-trade,  furnished  the  very 
ground,  therefore,  on  which  the  continuance  of  that  trade  had  been  thought 
necessary. 

The  evidence  as  to  this  point  was  clear ;  for  it  would  be  found  in  that  dread 
ful  catalogue  of  deaths  arising  from  the  seasoning  and  the  passage,  which  the 
house  had  been  condemned  to  look  into,  that  one  half  died.  An  annual  mor- 


SPEECH  OF  MR.  PITT.  219 

tality  of  two  thousand  slaves  in  Jamaica  might  be  therefore  charged  to  the  im 
portation  ;  which,  compared  with  the  whole  number  on  the  island,  hardly  fell 
short  of  the  whole  one  per  cent,  decrease. 

Joining  this  with  all  the  other  considerations,  he  would  then  ask,  could  the 
decrease  of  the  slaves  in  Jamaica  be  such  ;  could  the  colonies  be  so  destitute 
of  means  ;  could  the  planters,  when,  by  their  own  accounts,  they  were  estab 
lishing  daily  new  regulations  for  the  benefit  of  the  slaves  ;  could  they,  under 
all  these  circumstances,  be  permitted  to  plead  the  total  impossibility  of  keeping 
up  their  number,  which  they  had  rested  on,  as  being  indeed  the  only  possible 
pretext  for  allowing  fresh  importations  from  Africa  ?  He  appealed,  therefore, 
to  the  sober  judgment  of  all,  whether  the  situation  of  Jamaica  was  such  as  to 
justify  a  hesitation  in  agreeing  to  the  present  motion. 

It  might  be  observed,  also,  that  when  the  importations  should  stop,  that  dis 
proportion  between  the  sexes  which  was  one  of  the  obstacles  to  population, 
would  gradually  diminish,  and  a  natural  order  of  things  be  established. 
Through  the  want  of  this  natural  order,  a  thousand  grievances  were  created, 
which  it  was  impossible  to  define,  and  which  it  was  in  vain  to  think  that,  under 
such  circumstances,  we  could  cure.  But  the  abolition  of  itself  would  work  this 
desirable  effect.  The  West  Indians  would  then  feel  a  near  and  urgent  interest 
to  enter  into  a  thousand  little  details  which  it  was  impossible  for  him  to  de 
scribe,  but  which  would  have  the  greatest  influence  on  population.  A  founda 
tion  would  thus  be  laid  for  the  general  welfare  of  the  islands ;  a  new  system 
would  rise  up,  the  reverse  of  the  old ;  and  eventually  both  their  general  wealth 
and  happiness  would  increase. 

He  had  now  proved  far  more  than  he  was  bound  to  do  ;  for,  if  he  could  only 
show  that  the  abolition  would  not  be  ruinous,  it  would  be  enough.  He  could 
give  up,  therefore,  three  arguments  out  of  four,  through  the  whole  of  what  he 
had  said,  and  yet  have  enough  left  for  his  position.  As  to  the  Creoles,  they 
would  undoubtedly  increase.  They  differed  in  this  entirely  from  the  imported 
slaves,  who  were  both  a  burthen  and  a  curse  to  themselves  and  others.  The 
measure  now  proposed  would  operate  like  a  charm  ;  and,  besides  stopping  all 
the  miseries  in  Africa  and  the  passage,  would  produce  even  more  benefit  in  the 
West  Indies  than  legal  regulations  could  effect. 

He  would  now  just  touch  upon  the  question  of  emancipation.  A  rash  eman 
cipation  of  the  slaves  would  be  mischievous.  In  that  unhappy  situation,  to 
which  our  baneful  conduct  had  brought  ourselves  and  them,  it  would  be  no  jus 
tice  on  either  side  to  give  them  liberty.  They  were  as  yet  incapable  of  it;  but 
their  situation  might  be  gradually  amended.  They  might  be  relieved  from 
every  thing  harsh  and  severe ;  raised  from  their  present  degraded  state,  and 
put  under  the  protection  of  the  law.  Till  then,  to  talk  of  emancipation  was 
insanity.  But  it  was  the  system  of  fresh  importations  which  interfered  with 
these  principles  of  improvement ;  and  it  was  only  the  abolition  which  could  es 
tablish  them.  The  suggestion  had  its  foundation  in  human  nature.  Wherever 
the  incentive  of  honor,  credit,  and  fair  profit  appeared,  energy  would  spring 


220  DEBATE  IN  PARLIAMENT. 

up ;  and  when  these  laborers  should  have  the  natural  springs  of  human  action 
afforded  them,  they  would  then  rise  to  the  natural  level  of  human  industry. 

From  Jamaica  he  would  now  go  to  the  other  islands.  In  Barbadoes  the 
slaves  had  rather  increased.  In  St.  Kitts  the  decrease  for  fourteen  years  had 
been  but  three-fourths  per  cent.,  but  here  many  of  the  observations  would  ap 
ply  which  he  had  used  in  the  case  of  Jamaica.  In  Antigua  many  had  died 
by  a  particular  calamity.  But  for  this,  the  decrease  would  have  been  trifling. 
In  Nevis  and  Montserrat  there  was  little  or  no  disproportion  of  the  sexes ;  so 
(hat  it  might  well  be  hoped  that  the  numbers  would  be  kept  up  in  these  islands. 
In  Dominica  some  controversy  had  arisen  about  the  calculation  ;  but  Governor 
Orde  had  stated  an  increase  of  births  above  the  deaths.  From  Grenada  and 
St.  Vincents  no  accurate  accounts  had  been  delivered  in  answer  to  the  queries 
sent  them  ;  but  they  were  probably  not  in  circumstances  less  favorable  than  in 
the  other  islands. 

On  a  full  review,  then,  of  the  state  of  the  negro  population  in  the  West  In 
dies,  was  there  any  serious  ground  of  alarm  from  the  abolition  of  the  slave- 
trade  ?  Where  was  the  impracticability  on  which  alone  so  many  had  rested 
their  objections  ?  Must  we  not  blush  at  pretending  that  it  would  distress  our 
consciences  to  accede  to  this  measure,  as  far  as  the  question  of  the  negro  pop 
ulation  was  concerned  ? 

Intolerable  were  the  mischiefs  of  this  trade,  both  in  its  origin  and  through 
every  stage  of  its  progress.  To  say  that  slaves  could  be  furnished  us  by  fair 
and  commercial  means  was  ridiculous.  The  trade  sometimes  ceased,  as  during 
the  late  war.  The  demand  was  more  or  less,  according  to  circumstances.  But 
how  was  it  possible,  that  to  a  demand  so  exceedingly  fluctuating,  the  supply 
should  always  exactly  accommodate  itself?  Alas!  we  made  human  beings  the 
subject  of  commerce ;  we  talked  of  them  as  such  ;  and  yet  we  would  not  al 
low  them  the  common  principle  of  commerce,  that  the  supply  must  accommo 
date  itself  to  the  consumption.  It  was  not  from  wars,  then,  that  the  slaves 
were  chiefly  procured.  They  were  obtained  in  proportion  as  they  were 
wanted.  If  a  demand  for  slaves  arose,  a  supply  was  forced  in  one  way  or 
other ;  and  it  was  in  vain,  overpowered  as  we  then  were  with  positive  evi 
dence,  as  well  as  the  reasonableness  of  the  supposition,  to  deny  that  by  the 
slave-trade  we  occasioned  all  the  enormities  which  had  been  alleged  against  it. 

Mr.  Fox  again  rose  and  observed,  that  some  expressions  which  he  had  used 
had  been  complained  of  as  too  harsh  and  severe.  He  had  since  considered 
them ;  but  he  could  not  prevail  upon  himself  to  retract  them  ;  because,  if  any 
gentleman,  after  reading  the  evidence  on  the  table,  and  attending  to  the  de 
bate,  could  avow  himself  an  abettor  of  this  shameful  traffic  in  human  flesh,  it 
could  only  be  either  from  some  hardness  of  heart,  or  some  difficulty  of  under 
standing,  which  he  really  knew  not  how  to  account  for 

Some  had  considered  this  question  as  a  question  of  political,  whereas  it  was 
a  question  of  personal  freedom.  Political  freedom  was  undoubtedly  a  great 
blessing ;  but,  when  it  came  to  be  compared  with  personal,  it  sunk  to  nothing. 
To  confound  the  two,  served  therefore  to  render  all  arguments  on  either  per- 


SPEECH  OF  MR.  FOX.  221 

plexiiig  and  unintelligible.  Personal  freedom  was  the  first  right  of  every 
human  being.  It  was  a  right,  of  which  he  who  deprived  a  fellow-creature 
was  absolutely  criminal  in  so  depriving  him,  and  which  he  who  withheld  was 
no  less  criminal  in  withholding.  He  could  not  therefore  retract  his  words 
with  respect  to  any,  who  (whatever  regard  he  might  otherwise  have  for  them) 
should,  by  their  vote  of  that  night,  deprive  their  fellow-creatures  of  so  great  a 
blessing.  Nay,  he  would  go  further.  He  would  say,  that  if  the  house,  know 
ing  what  the  trade  was  by  the  evidence,  did  not  by  their  vote  mark  to  all 
mankind  their  abhorrence  of  a  practice  so  savage,  so  enormous,  so  repugnant 
to  all  laws,  human  and  divine,  they  would  consign  their  character  to  eternal 
infamy. 

That  the  pretense  of  danger  to  our  West  Indian-  islands,  from  the  abolition 
of  the  slave-trade,  was  totally  unfounded,  Mr.  Wilberforce  had  abundantly 
proved :  but  if  there  were  those  who  had  not  been  satisfied  with  that  proof, 
was  it  possible  to  resist  the  arguments  of  Mr.  Pitt  on  the  same  subject?  It 
had  been  shown,  on  a  comparison  of  the  births  and  deaths  in  Jamaica,  that 
there  was  not  now  any  decrease  of  the  slaves.  But  if  there  had  been,  it  would 
have  made  no  difference  to  him  in  his  vote  ;  for,  had  the  mortality  been  ever 
so  great  there,  he  should  have  ascribed  it  to  the  system  of  importing  negroes, 
instead  of  that  of  encouraging  their  natural  increase.  Was  it  not  evident 
that  the  planters  thought  it  more  convenient  to  buy  them  fit  for  work  than  to 
breed  them  ?  Why,  then,  was  this  horrid  trade  to  be  kept  up  ?  To  give  the 
planters,  truly,  the  liberty  of  misusing  their  slaves,  so  as  to  check  population : 
for  it  was  from  ill  usage  only  that  in  a  climate  so  natural  to  them,  their  num 
bers  could  diminish.  The  very  ground,  therefore,  on  which  the  planters  rested 
the  necessity  of  fresh  importations,  namely,  the  destruction  of  lives  in  the 
West  Indies,  was  itself  the  strongest  argument  that  could  be  given,  and  fur 
nished  the  most  imperious  call  upon  parliament  for  the  abolition  of  the  trade. 

Against  this  trade  innumerable  were  the  charges.  An  honorable  member, 
Mr.  Smith,  had  done  well  to  introduce  those  tragical  stories,  which  had  made 
such  an  impression  upon  the  house.  No  one  of  these  had  been  yet  contro 
verted.  It  had  indeed  been  said  that  the  cruelty  of  the  African  captain  to  the 
child  was  too  bad  to  be  true;  and  we  had  been  desired  to  look  at  the  cross- 
examination  of  the  witness,  as  if  we  should  find  traces  of  the  falsehood  of  his 
testimony  there.  But  his  cross-examination  was  peculiarly  honorable  to  his 
character ;  for  after  he  had  been  pressed,  in  the  closest  manner,  by  some  able 
members  of  the  house,  the  only  inconsistency  they  could  fix  upon  him  was, 
whether  the  fact  had  happened  on  the  same  day  of  the  same  month  of  the  year 
1764,  or  the  year  1765. 

But  it  was  idle  to  talk  of  the  incredibility  of  such  instances.  It  was  not  de 
nied  that  absolute  power  was  exercised  by  the  slave  captains ;  and  if  this  was 
granted,  all  the  cruelties  charged  upon  them  would  naturally  follow.  Never 
did  he  hear  of  charges  so  black  and  horrible  as  those  contained  in  the  evidence 
on  the  table.  They  unfolded  such  a  scene  of  cruelty,  that  if  the  house,  with 
all  their  present  knowledge  of  the  circumstances,  should  dare  to  vote  for  its 


222  DEBATE  IN  PARLIAMENT. 

continuance,  they  must  have  nerves  of  which  he  had  no  conception.  We 
might  find  instances,  indeed,  in  history,  of  men  violating  the  feelings  of  nature 
on  extraordinary  occasions.  Fathers  had  sacrificed  their  sons  and  daughters, 
and  husbands  their  wives ;  but  to  imitate  their  characters,  we  ought  to  have 
not  only  nerves  as  strong  as  the  two  Brutuses,  but  to  take  care  that  we  had  a 
cause  as  good ;  or  that  we  had  motives  for  such  a  dereliction  of  our  feelings 
as  patriotic  as  those  which  historians  had  attributed  to  these  when  they  handed 
them  to  the  notice  of  the  world. 

But  what  was  our  motive  in  the  case  before  us,  to  continue  a  trade  which 
was  a  wholesale  sacrifice  of  a  whole  order  and  race  of  our  fellow-creatures  ? 
which  carried  them  away  by  force  from  their  native  country,  in  order  to  subject 
them  to  the  mere  will  and  caprice,  the  tyranny  and  oppression  of  other  human 
beings,  for  their  whole  natural  lives,  them  and  their  posterity  for  ever  !  0 
most  monstrous  wickedness  !  0  unparalleled  barbarity  !  And,  what  was  more 
aggravating,  this  most  complicated  sceue  of  robbery  and  murder  which  man 
kind  had  ever  witnessed,  had  been  honored  by  the  name  of  trade. 

That  a  number  of  human  beings  should  be  at  all  times  ready  to  be  furnished 
as  fair  articles  of  commerce,  just  as  our  occasions  might  require,  was  absurd. 
The  argument  of  Mr.  Pitt,  on  this  head,  was  unanswerable.  Our  demand  was 
fluctuating;  it  entirely  ceased  at  some  times  ;  at  others  it  was  great  and  press 
ing.  How  was  it  possible,  on  every  sudden  call,  to  furnish  a  sufficient  return 
in  slaves  without  resorting  to  those  execrable  means  of  obtaining  them  which 
were  stated  in  the  evidence  ?  These  were  of  three  sorts,  and  he  would  now 
examine  them. 

Captives  in  war,  it  was  urged,  were  consigned  either  to  death  or  slavery. 
This,  however,  he  believed  to  be  false  in  point  of  fact.  But  suppose  it  were 
true  ;  did  it  not  become  us,  with  whom  it  was  a  custom,  founded  in  the  wisest 
policy,  to  pay  the  captives  a  peculiar  respect  and  civility,  to  inculcate  the 
same  principles  in  Africa  ?  But  we  were  so  far  from  doing  this,  that  we  en 
couraged  wars  for  the  sake  of  taking,  not  men's  goods  and  possessions,  but 
men  themselves ;  and  it  was  not  the  war  which  was  the  cause  of  the  slave- 
trade,  but  the  slave-thrade  which  was  the  cause  of  the  war.  It  was  the  prac 
tice  of  the  slave-merchants  to  try  to  intoxicate  the  African  kings  in  order  to 
turn  them  to  their  purpose.  A  particular  instance  occurred  in  the  evidence 
of  a  prince,  who,  when  sober,  resisted  their  wishes ;  but  in  the  moment  of 
inebriety,  he  gave  the  word  for  war,  attacked  the  next  village,  and  sold  the 
inhabitants  to  the  merchants. 

The  second  mode  was  kidnapping.  He  referred  the  house  to  various  in 
stances  of  this  in  the  evidence  :  but  there  was  one  in  particular,  from  which  we 
might  immediately  infer  the  frequency  of  the  practice.  A  black  trader  had 
kidnapped  a  girl  and  sold  her ;  but  he  was  presently  afterwards  kidnapped  and 
sold  himself;  and,  when  he  asked  the  captain  who  bought  him,  "  What !  do 
you  buy  me,  who  am  a  great  trader?"  the  only  answer  was,  "Yes,  I  will  buy 
you,  or  her,  or  any  body  else,  provided  any  one  will  sell  you;"  and  accordingly 
both  the  trader  and  the  girl  were  carried  to  the  West  Indies  and  sold  for  slaves. 


SPEECH  OF  MR.  FOX.  223 

The  third  mode  of  obtaining  slaves  was  by  crimes  committed  or  imputed. 
One  of  these  was  adultery.  But  was  Africa  the  place,  where  Englishmen, 
above  all  others,  were  to  go  to  find  out  and  punish  adulterers  ?  Did  it  become 
ns  to  cast  the  first  stone  ?  It  was  a  most  extraordinary  pilgrimage  for  a  most 
extraordinary  purpose  !  And  yet  upon  this  plea  we  justified  our  right  of  car 
rying  off  its  inhabitants.  The  offense  alleged  next  was  witchcraft?  What  a 
reproach  it  was  to  lend  ourselves  to  this  superstition  !  Yes :  we  stood  by ; 
we  heard  the  trial;  we  knew  the  crime  to  be  impossible,  and  that  the  accused 
must  be  innocent :  but  we  waited  in  patient" silence  for  his  condemnation;  and 
then  we  lent  our  friendly  aid  to  the  police  of  the  country,  by  buying  the 
wretched  convict,  with  all  his  family,  whom,  for  the  benefit  of  Africa,  we  car 
ried  away,  also,  into  perpetual  slavery. 

Of  the  slaves  in  the  West  Indies  it  had  been  said  that  they  were  taken  from 
a  worse  state  to  a  better.  An  honorable  member,  Mr.  William  Smith,  had 
quoted  some  instances  out  of  the  evidence  to  the  contrary.  He  also  would 
quote  one  or  two  others.  A  slave  under  hard  usage  had  run  away.  To  pre 
vent  a  repetition  of  the  offense  his  owner  sent  for  his  surgeon,  and  desired 
him  to  cut  off  the  man's  leg.  The  surgeon  refused.  The  owner,  to  render  it 
a  matter  of  duty  in  the  surgeon,  broke  it.  "Now,"  says  he,  "  you  must  cut  it 
off.  or  the  man  will  die."  We  might  console  ourselves,  perhaps,  that  this 
happened  in  a  French  island  ;  but  he  would  select  another  instance  which  had 
happened  in  one  of  our  own.  Mr.  Ross  heard  the  shrieks  of  a  female  issuing 
from  an  out-house,  and  so  piercing  that  he  determined  to  see  what  was  going 
on.  On  looking  in  he  perceived  a  young  female  tied  up  to  a  beam  by  her 
wrists,  entirely  naked,  and  in  the  act  of  involuntary  writhing  and  swinging, 
while  the  author  of  her  torture  was  standing  below  her  with  a  lighted  torch  in 
his  hand,  which  he  applied  to  all  the  parts  of  her  body  as  it  approached  him. 
What  crime  this  miserable  woman  had  perpetrated  he  knew  not ;  but  the  hu 
man  mind  could  not  conceive  a  crime  warranting  such  a  punishment. 

He  was  glad  to  see  that  theso  tales  affected  the  house.  Would  they  then 
sanction  enormities,  the  bare  recital  of  which  made  them  shudder  ?  Let  them 
remember  that  humanity  did  not  consist  in  a  squeamish  ear.  It  did  not  con 
sist  in  shrinking  and  starting  at  such  tales  as  these ;  but  in  a  disposition  of  the 
heart  to  remedy  the  evils  they  unfolded.  Humanity  belonged  rather  to  the 
mind  than  to  the  nerves.  But  if  so,  it  should  prompt  men  to  charitable  exer 
tion.  Such  exertion  was  necessary  in  the  present  case.  It  was  necessary  for 
the  credit  of  our  jurisprudence  at  home  and  our  character  abroad.  For  what 
would  any  man  think  of  our  justice  who  should  see  another  hanged  for  a  crime 
which  would  be  innocence  itself,  if  compared  with  those  enormities  which 
were  allowed  in  Africa  and  the  West  Indies  under  the  sanction  of  the  British 
parliament. 

With  respect  to  the  intellect  and  sensibility  of  the  Africans,  it  was  pride 
only  which  suggested  a  difference  between  them  and  ourselves.  There  was  a 
remarkable  instance  to  the  point  in  the  evidence,  and  which  he  would  quote. 
In  one  of  the  slave-ships  was  a  person  of  consequence,  a  man  once  high  in 


'224  DEBATE  IN  PARLIAMENT 

a  military  station,  and  with  a  mind  not  insensible  to  the  eminence  of  his  rank. 
He  had  been  taken  captive  and  sold,  and.  was  then  in  the  hold,  confined  pro 
miscuously  with  the  rest.  Happening  in  the  night  to  fall  asleep,  he  dreamed 
that  he  was  in  his  own  country,  high  in  honor  and  command,  caressed  by  his 
family  and  friends,  waited  on  by  his  domestics,  and  surrounded  with  all  his 
former  comforts  in  life.  But  awaking  suddenly  and  finding  where  he  was,  he 
was  heard  to  burst  into  the  loudest  groans  and  lamentations  on  the  miserable 
contrast  of  his  present  state,  mixed  with  the  meanest  of  this  subjects,  and  sub 
jected  to  the  insolence  of  wretches  a  thousand  times  lower  than  himself  in 
every  kind  of  endowment.  He  appealed  to  the  house,  whether  this  was  not 
as  moving  a  picture  of  the  miserable  effects  of  the  slave-trade  as  could  be  well 
imagined.  There  was  one  way  by  which  they  might  judge  of  it.  Let  them 
make  the  case  their  own.  This  was  the  Christian  rule  of  judging ;  and  having 
mentioned  Christianity,  he  was  sorry  to  find  that  any  should  suppose  that  it 
had  given  countenance  to  such  a  system  of  oppression.  So  far  was  this  from 
being  the  case,  that  he  thought  it  one  of  the  most  splendid  triumphs  of  this 
religion,  that  it  had  caused  slavery  to  be  so  generally  abolished  on  its  appear 
ance  in  the  world.  It  had  done  this  by  teaching  us,  among  other  beautiful 
precepts,  that  in  the  sight  of  their  Maker,  all  mankind  were  equal.  Its  in 
fluence  appeared  to  have  been  more  powerful  in  this  respect  than  that  of  all 
the  ancient  systems  of  philosophy ;  though  even  in  these,  in  point  of  theory, 
we  might  trace  great  liberality  and  consideration  for  human  rights.  Where 
could  be  found  finer  sentiments  of  liberty  than  in  Demosthenes  and  Cicero  ? 
Where  bolder  assertions  of  the  rights  of  mankind  than  in  Tacitus  and  Thucy- 
dides  ?  But  alas  !  these  were  the  holders  of  slaves  !  It  was  not  so  with  those 
who  had  been  converted  to  Christianity. 

He  would  now  conclude  by  declaring  that  the  whole  country,  indeed  the 
whole  civilized  world,  must  rejoice  that  such  a  bill  as  the  present  had  been 
moved  for,  not  merely  as  a  matter  of  humanity,  but  as  an  act  of  justice ;  for 
he  would  put  humanity  out  of  the  case.  Could  it  be  called  humanity  to  for 
bear  from  committing  murder  ?  Exactly  upon  this  ground  did  the  present 
motion  stand,  being  strictly  a  question  of  national  justice.  He  thanked  Mr. 
Wilberforce  for  having  pledged  himself  so  strongly  to  pursue  his  object  till  it 
was  accomplished ;  and,  as  for  himself,  he  declared,  that  in  whatever  situation 
he  might  ever  be,  he  would  use  his  warmest  efforts  for  the  promotion  of  this 
righteous  cause. 

Mr.  Stanley  (the  member  for  Lancashire)  rose,  and  declared  that  when  he 
came  into  the  house,  he  intended  to  vote  against  the  abolition ;  but  that  the 
impression  made  both  on  his  feelings  and  on  his  understanding  was  such,  that 
he  could  not  persist  in  his  resolution.  He  was  now  convinced  that  the  entire 
abolition  of  the  slave-trade  was  called  for  equally  by  sound  policy  and  justice 
He  thought  it  right  and  fair  to  avow  manfully  this  change  in  his  opinion.  The 
abolition,  he  was  sure,  could  not  long  fail  of  being  carried.  The  arguments 
for  it  were  irresistible. 

The  Honorable  Mr.  Ryder  said  that  he  came  to  the  house,  not  exactly  in 


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•  •  „ 

ON  THE  AFRICAN  SLAVE  TRADE.  225 

the  same  circumstances  as  Mr.  Stanley,  but  very  undecided  on  the  subject.  He 
was,  however,  so  strongly  convinced  by  the  arguments  he  had  heard,  that  he 
was  become  equally  earnest  for  the  abolition. 

Mr.  Smith  (member  for  Pontefract)  said  that  he  should  not  trouble  the 
house  at  so  late  an  hour  further  than  to  enter  his  protest,  in  the  most  solemn 
manner,  against  this  trade,  which  he  considered  as  most  disgraceful  to  the 
country,  and  contrary  to  all  the  principles  of  justice  and  religion. 

Mr.  Burke  said  he  would  use  but  few  words.  He  declared  that  he  had  for 
long  time  had  his  mind  drawn  toward  this  great  subject.  He  had  even  pre 
pared  a  bill  for  the  regulation  of  the  trade,  conceiving  at  that  time  that  the 
immediate  abolition  of  it  was  a  thing  hardly  to  be  hoped  for ;  but  when  he  found 
that  Mr.  Wilberforce  had  seriously  undertaken  the  work,  and  that  his  motion 
was  for  the  abolition,  which  he  approved  much  more  than  his  own,  he  had 
burnt  his  papers,  and  made  an  offering  of  them  in  honor  of  his  nobler  propo 
sition,  much  in  the  same  manner  as  we  read  that  the  curious  books  were  offered 
up  and  burnt  at  the  approach  of  the  Gospel.  He  highly  applauded  the  con 
fessions  of  Mr.  Stanley  and  Mr.  Ryder.  It  would  be  a  glorious  tale  for  them 
to  tell  their  constituents,  that  it  was  impossible  for  them,  however  prejudiced,  if 
sent  to  hear  discussion  in  that  house,  to  avoid  surrendering  up  their  hearts  and 
judgments  at  the  shrine  of  reason. 

Mr.  Wilberforce  made  a  short  reply  to  some  arguments  in  the  course  of  the 
debate ;  after  which,  at  half-past  three  in  the  morning,  the  house  divided. 
There  appeared  for  Mr.  Wilberforce's  motion  eighty-eight,  and  against  it  one 
hundred  and  sixty-three ;  so  that  it  was  lost  by  a  majority  of  seventy-five 
votes. 

Upon  the  news  of  this  defeat  the  friends  of  the  cause  held  a  meeting.  They 
passed  a  vote  of  thanks  to  the  illustrious  minority  which  had  stood  forth  in  the 
house  of  commons  as  the  assertors  of  British  justice  and  humanity ;  and  they 
resolved  not  to  desist  from  appealing  to  their  countrymen  until  the  commercial 
intercourse  with  Africa  should  cease  to  be  polluted  with  the  blood  of  its  in 
habitants.  Mr.  Clarkson  made  an  abridgment  of  the  evidence  before  the  house 
of  commons,  which  was  circulated  through  the  kingdom.  Great  numbers  of 
people  left  off  the  use  of  articles  produced  by  slave  labor,  and  vented  their 
feelings  in  public  meetings  to  address  parliament  on  the  subject;  and  this  they 
did  with  so  much  earnestness  and  activity,  that  by  the  latter  end  of  March,  in 
1792,  no  less  than  517  petitions  were  laid  on  the  table  of  the  commons,  pray 
ing  for  the  total  abolition  of  the  slave-trade.  Emboldened  and  supported  by 
the  people,  Mr.  Wilberforce  again  introduced  the  question  on  the  2d  of  April, 
1792,  and  after  a  speech  of  four  hours,  moved  "that  it  is  the  opinion  of  this 
house  that  the  African  slave-trade  ought  to  be  abolished."  This  led  to  a  long 
and  interesting  debate.  Never  in  the  house  of  commons  was  so  much  splendid 
oratory  displayed  as  on  that  night.  We  extract  from  the  parliamentary 
records  a  report  of  some  of  the  speeches  made  on  that  occasion. 

Mr.  Wilberforce  opened  the  debate  in  a  luminous  and  impressive  speech. 
A.fter  remarking  at  considerable  length  upon  the  evils  and  the  injuries  of  the 
15  % 


226  '^.DEBATE  IN  PARLIAMENT 

slave-trade,  he  touched  upon  the  argument  so  often  repeated,  that  other  na 
tions  would  carry  on  the  slave-trade  if  we  abandoned  it.  But  how  did  we 
know  this  ?  Had  not  Denmark  given  a  noble  example  to  the  contrary  ?  She 
had  consented  to  abolish  the  trade  in  ten  years ;  and  had  she  not  done  this, 
even  though  we,  after  an  investigation  of  nearly  five  years,  had  ourselves  hung 
back  ?  But  what  might  not  be  expected  if  we  were  to  take  up  the  cause  in 
earnest ;  if  we  were  to  proclaim  to  all  nations  the  injustice  of  the  trade,  and 
to  solicit  their  concurrence  in  the  abolition  of  it  1  He  hoped  the  representa 
tives  of  the  nation  would  not  be  less  just  than  the  people.  The  latter  had 
stepped  forward  and  expressed  their  sense  more  generally  by  petitions  than  in 
any  instance  in  which  they  had  ever  before  interfered.  To  see  this  great 
cause  thus  triumphing  over  distinctions  and  prejudices  was  a  noble  spectacle. 
Whatever  might  be  said  of  our  political  divisions,  such  a  sight  had  taught  us 
that  there  were  subjects  still  beyond  the  reach  of  party ;  that  there  was  a  point 
of  elevation  where  we  ascended  above  the  jarring  of  the  discordant  elements 
which  ruffled  and  agitated  the  vale  below.  In  our  ordinary  atmosphere,  clouds 
and  vapors  obscured  the  air,  and  we  were  the  sport  of  a  thousand  conflicting 
winds  and  adverse  currents ;  but  here  we  moved  in  a  higher  region,  where  all 
was  pure  and  clear,  and  free  from  perturbation  and  discomposure. 

' '  As  some  tall  cliff,  that  lifts  its  awful  form, 
Swells  from  the  vale,  and  midway  leaves  the  storm : 
Though  round  its  breast  the  rolling  clouds  are  spread, 
Eternal  sunshine  settles  on  its  head." 

Here,  then,  on  this  august  eminence,  he  hoped  we  should  build  the  temple 
of  benevolence ;  but  we  should  lay  its  foundation  deep  in  truth  and  justice ; 
and  that  we  should  inscribe  upon  its  gates,  "Peace  and  good  will  to  men." 
Here  we  should  offer  the  first  fruits  of  our  benevolence,  and  endeavor  to  com 
pensate,  if  possible,  for  the  injuries  we  had  brought  upon  our  fellow-men. 

He  would  only  observe  that  his  conviction  of  the  indispensable  necessity  of 
immediately  abolishing  this  trade  remained  as  strong  as  ever.  Let  those  who 
talk  of  allowing  three  or  four  years  to  the  continuance  of  it,  reflect  on  the  dis 
graceful  scenes  which  had  passed  last  year  As  for  himself,  he  would  wash  his 
hands  of  the  blood  which  would  be  spilled  in  this  horrid  interval.  He  could 
not,  however,  but  believe  that  the  hour  was  come  when  we  should  put  a  final 
period  to  the  existence  of  this  cruel  traffic.  Should  he  unhappily  be  mistaken, 
he  would  never  desert  the  cause  ;  but  to  the  last  moment  of  his  life  he  would 
exert  his  utmost  powers  in  its  support.  He  would  now  move,  "  That  it  is  the 
opinion  of  this  committee  that  the  trade  carried  on  by  British  subjects,  for  the 
purpose  of  obtaining  slaves  on  the  coast  of  Africa,  ought  to  be  abolished." 

Mr.  Bailie  was  in  hopes  that  the  friends  of  the  abolition  would  have  been 
contented  with  the  innocent  blood  which  had  been  already  shed.  The  great 
island  of  St.  Domingo  had  been  torn  to  pieces  by  insurrections.  The  most 
dreadful  barbarities  had  been  perpetrated  there.  In  the  year  1189,  the  im 
ports  into  it  exceeded  five  millions  sterling.  The  exports  from  it  in  the  same 
vear  amounted  to  six  millions ;  and  the  trade  employed  three  hundred  thou- 


ON  THE  AFRICAN  SLAVE  TRADE. 

sand  tons  of  shipping,  and  thirty  thousand  seamen.  This  fine  island,  thus  ad 
vantageously  situated,  had  been  lost  in  consequence  of  the  agitation  of  the 
question  of  the  slave-trade.  Surely,  so  much  mischief  ought  to  have  satisfied 
those  who  supported  it ;  but  they  required  the  total  destruction  of  all  the  West 
Indian  colonies  belonging  to  Great  Britain  to  complete  the  ruin. 

The  honorable  gentleman  who  had  just  spoken,  had  dwelt  upon  the  enormi 
ties  of  the  slave-trade.  He  was  far  from  denying  that  many  acts  of  inhu 
manity  might  accompany  it ;  but  as  human  nature  was  much  the  same  every 
where,  it  would  be  unreasonable  to  expect,  among  African  traders,  or  the  in 
habitants  of  our  islands,  a  degree  of  perfection  in  morals  which  was  not  to  be 
found  in  Great  Britain  itself.  Would  any  man  estimate  the  character  of  the 
English  nation  by  what  was  to  be  read  in  the  records  of  the  Old  Bailey  ?  He 
himself,  however,  had  lived  sixteen  years  in  the  West  Indies,  and  he  could 
bear  testimony  to  the  general  good  usage  of  the  slaves. 

Before  the  agitation  of  this  impolitic  question,  the  slaves  were  contented 
with  their  situation.  There  was  a  mutual  confidence  between  them  and  their 
masters :  and  this  continued  to  be  the  case  till  the  new  doctrines  were  broached. 
But  now  depots  of  arms  were  necessary  on  every  estate,  and  the  scene  was 
totally  reversed.  Nor  was  their  religious  then  inferior  to  their  civil  state. 
When  the  English  took  possession  of  Grenada,  where  his  property  lay,  they 
found  them  baptized  and  instructed  in  the  principles  of  the  Roman  Catholic 
faith.  The  priests  of  that  persuasion  had  indeed  been  indefatigable  in  their 
vocation  ;  so  that  imported  Africans  generally  obtained  within  twelve  months 
a  tolerable  idea  of  their  religious  duties.  He  had  seen  the  slaves  there  go 
through  the  public  mass  in  a  manner,  and  with  a  fervency,  which  would  have 
done  credit  to  more  civilized  societies.  But  the  case  was  now  altered ;  for, 
except  where  the  Moravians  had  been,  there  was  no  trace  in  our  islands  of  an 
attention  to  their  religious  interests. 

It  had  been  said  that  their  punishments  were  severe.  There  might  be  in 
stances  of  cruelty,  but  these  were  not  general.  Many  of  them  were  undoubt 
edly  ill  disposed ;  though  not  more,  according  to  their  number  on  a  planta 
tion,  than  in  a  regiment,  or  in  a  ship's  crew.  Had  we  never  heard  of  seamen 
being  flogged  from  ship  to  ship,  or  of  soldiers  dying  in  the  very  act  of  punish 
ment  ?  Had  we  not  also  heard,  even  in  this  country  of  boasted  liberty,  of 
seamen  being  seized,  and  carried  away,  when  returning  from  distant  voyages, 
after  an  absence  of  many  years ;  and  this  without  even  being  allowed  to  see 
their  wives  and  families  ?  As  to  distressed  objects,  he  maintained  that  there 
was  more  wretchedness  and  poverty  in  St.  Giles  than  in  all  the  West  Indian 
slands  belonging  to  Great  Britain. 

He  would  now  speak  of  the  African  and  West  Indian  trades.  The  imports 
and  exports  of  these  amounted  to  upwards  of  ten  millions  annually ;  and  they 
gave  employment  to  three  hundred  thousand  tons  of  shipping,  and  to  about 
twenty-five  thousand  seamen.  These  trades  had  been  sanctioned  by  our  ances 
tors  in  parliament.  The  acts  for  this  purpose  might  be  classed  under  three 
heads.  First,  they  were  such  as  declared  the  colonies  and  the  trade  thereof 
<f 


228  DEBATE  IN  PARLIAMENT 

advantageous  to  Great  Britain,  and  therefore  entitled  to  her  protection.  Sec 
ondly,  such  as  authorized,  protected  and  encouraged  the  trade  of  Africa,  as 
advantageous  in  itself,  and  necessary  to  the  welfare  and  existence  of  the  sugar 
colonies ;  and,  thirdly,  such  as  promoted  and  secured  loans  of  money  to  the 
proprietors  of  the  said  colonies,  either  from  British  subjects  or  from  foreign 
ers.  These  acts,  he  apprehended,  ought  to  satisfy  every  person  of  the  legality 
and  usefulness  of  these  trades.  They  were  enacted  in  reigns  distinguished  for 
the  production  of  great  and  enlightened  characters.  We  heard  then  of  no 
wild  and  destructive  doctrines  like  the  present.  These  were  reserved  for  this 
age  of  novelty  and  innovation.  But  he  must  remind  the  house  that  the  in 
habitants  of  our  islands  had  as  good  a  right  to  the  protection  of  their  property 
as  the  inhabitants  of  Great  Britain.  Nor  could  it  be  diminished  in  any  shape 
without  full  compensation.  The  proprietors  of  lands  in  the  ceded  islands, 
which  were  purchased  of  government  under  specific  conditions  of  settlement, 
ought  to  be  indemnified.  They,  also,  (of  whom  he  was  one,)  who  had  pur 
chased  the  territory  granted  by  the  crown  to  General  Monkton  in  the  island  of 
St.  Vincent,  ought  to  be  indemnified  also.  The  sale  ~>f  this  had  gone  on 
briskly,  till  it  was  known  that  a  plan  was  in  agitation  for  the  abolition  of  the 
slave-trade.  Since  that  period  the  original  purchasers  had  done  little  or  noth 
ing,  and  they  had  many  hundred  acres  on  hand  which  would  be  of  no  value  if 
the  present  question  was  carried.  In  fact,  they  had  a  right  to  compensation. 
The  planters  generally  spent  their  estates  in  this  country.  They  generally 
educated  their  children  in  it.  They  had  never  been  found  seditious  or  rebel 
lious  ;  and  they  demanded  of  the  parliament  of  Great  Britain  that  protection 
which,  upon  the  principles  of  good  faith,  it  was  in  duty  bound  to  afford  them 
in  common  with  the  rest  of  his  majesty's  loyal  subjects. 

Mr.  Henry  Thornton  remarked,  that  the  manner  of  procuring  slaves  in  Af 
rica  was  the  great  evil  to  be  remedied.  Africa  was  to  be  stripped  of  its 
inhabitants  to  supply  a  population  for  the  West  Indies.  There  was  a  Dutch 
proverb  which  said,  "My  son,  get  money,  honestly  if  you  can;  but  get 
money;"  or,  in  other  words,  "Get  slaves,  honestly  if  you  can;  but  get  slaves." 
This  was  the  real  grievance ;  and  the  two  honorable  gentlemen,  by  confining 
their  observations  to  the  West  Indies,  had  entirely  overlooked  it. 

Though  this  evil  had  been  fully  proved,  he  could  not  avoid  stating  to  the 
house  some  new  facts,  which  had  come  to  his  knowledge  as  a  director  of  the 
Sierra  Leone  company,  and  which  would  still  further  establish  it.  The  con 
sideration  that  they  had  taken  place  since -the  discussion  of  the  last  year  on 
this  subject,  obliged  him  to  relate  them. 

Mr.  Falconbridge,  agent  to  the  company,  sitting  one  evening  in  Sierra  Leone, 
heard  a  shout,  and  immediately  afterwards  the  report  of  a  gun.  Fearing  an 
attack,  he  armed  forty  of  the  settlers,  and  rushed  with  them  to  the  place  from 
whence  the  noise  came.  He  found  a  poor  wretch,  who  had  been  crossing  from 
a  neighboring  village,  in  the  possession  of  a  party  of  kidnappers,  who  were 
tying  his  hands.  Mr.  Falconbridge,  however,  dared  not  rescue  him,  lest,  in 
the  defenseless  state  of  his  own  town,  retaliation  might  be  made  upon  him. 


ON  THE  AFRICAN  SLAVE  TRADE.  229 

At  another  time  a  young  woman,  living  half  a  mile  off,  was  sold,  without 
any  criminal  charge,  to  one  of  the  slave-ships.  She  was  well  acquainted  with 
the  agent's  wife,  and  had  been  with  her  only  the  day  before.  ,  Her  cries  were 
heard,  but  it  was  impossible  to  relieve  her. 

At  another  time  a  young  lad,  one  of  the  free  settlers  who  went  from  Eng 
land,  was  caught  by  a  neighboring  chief,  as  he  was  straggling  alone  from 
home,  and  sold  for  a  slave.  The  pretext  was,  that  some  one  in  the  town  of 
Sierra  Leone  had  committed  an  offense.  Hence,  the  first  person  belonging  to 
it,  who  could  be  seized,  was  to  be  punished.  Happily,  the  free  settlers  saw 
him  in  his  chains,  and  they  recovered  him  before  he  was  conveyed  to  the  ship. 

To  mark  still  more  forcibly  the  scenes  of  misery  to  which  the  slave-trade 
gave  birth,  he  would  mention  a  case  stated  to  him  in  a  letter  by  king  Naimbanna. 
It  had  happened  to  this  respectable  person,  in  no  less  than  three  instances,  to 
have  some  branches  of  his  family  kidnapped,  and  carried  off  to  the  West  Indies. 
At  one  time  three  young  men,  Corpro,  Banna,  and  Marbrour,  were  decoyed  on 
board  a  Danish  slave-ship,  under  pretense  of  buying  something,  and  were  taken 
away.  At  another  time  another  relation  piloted  a  vessel  down  the  river  He 
begged  to  be  put  on  shore,  when  he  came  opposite  to  his  own  town,  but  he 
was  pressed  to  pilot  her  to  the  river's  mouth.  The  captain  then  pleaded  the 
impracticability  of  putting  him  on  shore,  carried  him  to  Jamaica,  and  sold 
him  for  a  slave.  Fortunately,  however,  by  means  of  a  letter  which  was  con 
veyed  there,  the  man,  by  the  assistance  of  the  governor,  was  sent  back  to  Sierra 
Leone.  At  another  time  another  relation  was  also  kidnapped.  But  he  had 
not  the  good  fortune,  like  the  former,  to  return. 

He  would  mention  one  other  instance.  A  son  had  sold  his  own  father,  for 
whom  he  obtained  a  considerable  price ;  for,  as  the  father  was  rich  in  domestic 
slaves,  it  was  not  doubted  that  he  would  offer  largely  for  his  ransom.  The  old 
man  accordingly  gave  twenty-two  of  these  in  exchange  for  himself.  The  rest, 
however,  being  from  that  time  filled  with  apprehensions  of  being,  on  some 
ground  or  other,  sold  to  the  slave-ships,  fled  to  the  mountains  of  Sierra  Leone, 
where  they  now  dragged  on  a  miserable  existence.  The  son  himself  was  sold, 
in  his  turn,  soon  after.  In  short,  the  whole  of  that  unhappy  peninsula,  as  he 
learned  from  eye  witnesses,  had  been  desolated  by  the  trade  in  slaves.  Towns 
were  seen  standing  without  inhabitants  all  over  the  coast ;  in  several  of  which 
the  agent  of  the  company  had  been.  There  was  nothing  but  distrust  among 
the  inhabitants.  Every  one,  if  he  stirred  from  home,  felt  himself  obliged  to 
be  armed. 

Such  was  the  nature  of  the  slave-trade.  It  had  unfortunately  obtained  the 
name  of  a  trade,  and  many  had  been  deceived  by  the  appellation.  But  it  was 
war  and  not  trade.  It  was  a  mass  of  crimes,  and  not  commerce.  It  was  that 
which  prevented  the  introduction  of  a  trade  in  Africa ;  for  it  was  only  by 
clearing  and  cultivating  the  lands,  that  the  climate  could  be  made  healthy  for 
settlements ;  but  this  wicked  traffic,  by  dispersing  the  inhabitants,  and  causing 
the  lands  to  remain  uncultivated,  made  the  coast  unhealthy  to  Europeans.  He 
had  found,  in  attempting  to  establish  a  colony  there,  that  it  was  an  obstacle 


230  DEBATE  IN  PARLIAMENT. 

which  opposed  itself  to  him  in  innumerable  ways ;  it  created  more  embarrass 
ments  than  all  the  natural  impediments  of  the  country ;  and  it  was  more  hard 
to  contend  with,  than  any  difficulties  of  climate,  soil,  or  natural  disposition  of 
the  people. 

Colonel  Tarleton  repeated  his  arguments  of  the  last  year.  In  addition  to 
ihe<e,  he  inveighed  bitterly  against  the  abolitionists,  as  a  junto  of  sectaries, 
sophists,  enthusiasts,  and  fanatics.  He  condemned  the  abolition  as  useless, 
unless  other  nations  would  take  it  up.  He  brought  to  the  recollection  of  the 
house  the  barbarous  scenes  which  had  taken  place  in  St.  Domingo,  all  of  which, 
he  said,  had  originated  in  the  discussion  of  this  question.  He  described  the 
alarms  in  which  the  inhabitants  of  the  islands  were  kept,  lest  similar  scenes 
should  occur  from  the  same  cause.  He  ridiculed  the  petitions  on  the  table. 
Itinerant  clergymen,  mendicant  physicians,  and  others  had  extorted  signatures 
from  the  sick,  the  indigent  and  the  traveler.  School-boys  were  invited  to  sign 
them,  under  the  promise  of  a  holiday.  He  had  letters  to  produce  which  would 
prove  all  these  things,  though  he  was  not  authorized  to  give  up  the  names  of 
those  who  had  written  them. 

Mr.  Whitbread  said,  that  even  if  he  could  conceive  that  the  trade  was,  as 
some  had  asserted  it  to  be,  founded  on  principles  of  humanity;  that  the  Africans 
were  rescued  from  death  in  their  own  country ;  that,  upon  being  carried  to  the 
West  Indies,  they  were  put  under  kind  masters ;  that  their  labor  there  was 
easy ;  that  at  evening  they  returned  cheerful  to  their  homes  ;  that  ia  sickness 
tht?y  were  attended  with  care  ;  and  that  their  old  age  was  rendered  comfortable ; 
even  then  he  would  vote  for  the  abolition  of  the  slave-trade,  inasmuch  as  he 
was  convinced  that  that  which  was  fundamentally  wrong,  no  practice  could 
justify. 

No  eloquence  could  persuade  him  that  the  Africans  were  torn  from  their 
country  and  their  dearest  connexions,  merely  that  they  might  live  a  happier 
life ;  or  that  they  could  be  placed  under  the  uncontrolled  dominion  of  others 
without  suffering.  Arbitrary  power  would  spoil  the  hearts  of  the  best.  Hence 
would  arise  tyranny  on  the  one  side,  and  a  sense  of  injury  on  the  other.  Hence 
the  passions  would  be  let  loose,  and  a  state  of  perpetual  enmity  would  follow. 

He  needed  only  to  go  to  the  accounts  of  those  who  defended  the  system  of 
slavery,  to  show  that  it  was  cruel.  He  was  forcibly  struck  last  year  by  an  ex 
pression  of  an  honorable  member,  an  advocate  for  the  trade,  who,  when  he 
came  to  speak  of  the  slaves,  on  selling  off  the  stock  of  a  plantation,  said  that 
they  brought  less  than  the  common  price,  because  they  were  damaged.  Dam- 
aged  1  What !  were  they  goods  and  chattels  ?  What  an  idea  was  this  to  hold 
out  of  our  fellow-creatures  !  We  might  imagine  how  slaves  were  treated,  if 
they  could  be  spoken  of  in  such  a  manner.  Perhaps  these  unhappy  people  had 
lingered  out  the  best  part  of  their  lives  in  the  service  of  their  master.  Able 
tl  1.011  to  do  but  little,  they  were  sold  for  little  ;  and  the  remaining  substance  of 
their  sinews  was  to  be  pressed  out  by  another,  yet  more  hardened  than  the  for 
mer,  who  had  made  a  calculation  of  their  vitals  accordingly. 

Mr.  Dundas  declared  that  he  had  always  been  a  warm  friend  to  the  abolition 


SPEECH  0?  MR.  FOX.  231 

of  llie  slave-trade,  though  he  differed  with  Mr.  Wilberforce  as  to  the  mode  of 
effecting  it. 

The  abolitionists,  and  those  on  the  opposite  side  of  the  question,  had,  both 
of  them,  gone  into  extremes.  The  former  were  for  the  immediate  and  ab 
rupt  annihilation  of  the  trade.  The  latter  considered  it  as  essentially  neces 
sary  to  the  existence  of  the  West  Indian  islands,  and  therefore  laid  it  down  that 
it  was  to  be  continued  forever.  Such  was  the  vast  distance  between  the  parties. 

He  would  say  that  he  agreed  with  his  honorable  friend,  Mr.  Wilberforce,  in 
very  material  points  He  believed  the  trade  was  not  founded  in  policy ;  that 
the  continuation  of  it  was  not  essential  to  the  preservation  of  our  trade  with 
the  West  Indian  islands  ;  and  that  the  slaves  were  not  only  to  be  maintained, 
but  increased  there  by  natural  population.  He  agreed,  too,  as  to  the  propriety 
of  the  abolition.  But  when  his  honorable  friend  talked  of  direct  and  abrupt 
abolition,  he  would  submit  it  to  him,  whether  he  did  not  run  counter  to  the 
prejudices  of  those  who  were  most  deeply  interested  in  the  question ;  and 
whether,  if  he  could  obtain  his  object  without  wounding  these,  it  would  not  be 
oetter  to  do  it  ?  Did  he  not  also  forget  the  sacred  attention  which  parliament 
had  ever  shown  to  the  private  interests  and  patrimonial  rights  of  individuals  ? 

Mr.  Addington  (the  speaker)  professed  himself  to  be  one  of  those  moderate 
persons  alluded  to  by  Mr.  Dundas.  He  wished  to  see  some  middle  measure 
suggested.  The  fear  of  doing  injury  to  the  property  of  others  had  hitherto 
prevented  him  from  giving  an  opinion  against  the  system,  the  continuance  of 
which  he  could  not  countenance.  "  •"»  • 

Mr.  Fox  said  that  after  what  had  fallen  from  the  two  last  speakers,  he 
could  remain  no  longer  silent.  Something  so  mischievous  had  come  out,  and 
something  so  like  a  foundation  had  been  laid  for  preserving,  not  only  for  years 
to  come,  but  forever,  this  detestable  traffic,  that  he  should  feel  himself  wanting 
in  his  duty,  if  he  were  not  to  deprecate  all  such  deceptions  and  delusions  upon 
the  country. 

The  honorable  gentlemen  had  called  themselves  moderate  men ;  but  upon 
this  subject  he  neither  felt,  nor  desired  to  feel,  anything  like  a  sentiment  of 
moderation.  Their  speeches  had  reminded  him  of  a  passage  in  Middleton's 
Life  of  Cicero.  The  translation  of  it  was  defective,  though  it  would  equally 
suit  his  purpose.  He  says :  "To  enter  into  a  man's  house  and  kill  him,  his 
wife  and  family,  in  the  night,  is  certainly  a  most  heinous  crime,  and  deserving 
of  death ;  but  to  break  open  his  house,  to  murder  him,  his  wife,  and  all  his 
children,  in  the  night,  may  be  still  right,  provided  it  be  done  with  moderation." 
Now,  was  there  any  thing  more  absurd  in  this  passage,  than  to  say  that  the 
slave-trade  might  be  carried  on  with  moderation ;  for,  if  you  could  not  rob  or 
murder  a  single  man  with  moderation,  with  what  moderation  could  you  pillage 
and  wound  a  whole  nation  ?  In  fact,  the  question  of  the  abolition  was  simply 
a  question  of  justice.  It  was  only  whether  we  should  authorize  by  law,  re 
specting  Africa,  the  commission  of  crimes  for  which,  in  this  country,  we  should 
forfeit  our  lives ;  notwithstanding  which,  it  was  to  be  treated,  in  the  opinion  of 
these  honorable  gentlemen,  with  moderation. 


232  DEBATE  IN  PARLIAMENT. 

Upon  the  whole,  he  would  give  his  opinion  of  this  traffic  in  a  few  words. 
He  believed  it  to  be  impolitic,  hs  knew  it  to  be  inhuman ;  he  was  certian  it 
was  unjust ;  he  thought  it  so  inhuman  and  unjust  that  if  the  colonies  could  not 
be  cultivated  without  it,  they  ought  not  to  be  cultivated  at  all.  It  would  be 
much  better  for  us  to  be  without  them,  than  not  to  abolish  the  slave-trade.  He 
hoped  therefore  that  the  members  would  this  night  act  the  part  which  would 
do  them  honor.  He  declared,  that  whether  he  should  vote  in  a  large  minority 
or  a  small  one,  he  would  never  give  up  the  cause.  Whether  in  the  house  of 
parliament  or  out  of  it,  in  whatever  situation  he  might  ever  be,  as  long  as  he 
had  a  voice  to  speak,  this  question  should  never  be  at  rest.  Believing  the 
trade  to  be  of  the  nature  of  crimes  and  pollutions,  which  stained  the  honor  of 
the  country,  he  would  never  relax  his  efforts.  It  was  his  duty  to  prevent  man 
from  preying  upon  man ;  and  if  he  and  his  friends  should  die  before  they  had 
attained  their  glorious  object,  he  hoped  there  would  never  be  wanting  men 
alive  to  their  duty,  who  would  continue  to  labor  till  the  evil  should  be  wholly 
done  away.  If  the  situation  of  the  Africans  was  as  happy  as  servitude  could 
make  them,  he  could  not  consent  to  the  enormous  crime  of  selling  man  to  man, 
nor  permit  a  practice  to  continue,  which  put  an  entire  bar  to  the  civili 
zation  of  one  quarter  of  the  globe.  He  was  sure  that  the  nation  would  not 
much  longer  allow  the  continuance  of  enormities  which  shocked  human  nature. 
The  West  Indies  had  no  right  to  demand  that  crimes  should  be  permitted  by 
this  country  for  their  advantage  ;  and  if  they  were  wise,  they  would  lend  their 
cordial  assistance  to  such  measures  as  would  bring  about  in  the  shortest  pos 
sible  time  the  abolition  of  this  execrable  trade. 

Mr.  Jenkinson  admitted  that  the  slave-trade  was  an  evil.  He  admitted  also 
that  the  state  of  slavery  was  an  evil ;  if  the  question  was,  not  whether  we 
should  abolish,  but  whether  we  should  establish  these,  he  would  be  the  first  to 
oppose  himself  to  their  existence ;  but  there  were  many  evils  which  we  should 
have  thought  it  our  duty  to  prevent,  yet  which,  when  they  had  once  arisen,  it 
was  more  dangerous  to  oppose  than  to  submit  to.  The  duty  of  a  statesman 
was,  not  to  consider  abstractedly  what  was  right  or  wrong,  but  to  weigh  the 
consequences  which  were  likely  to  result  from  the  abolition  of  an  evil,  against 
those  which  were  likely  to  result  from  its  continuance.  Agreeing  then  most 
perfectly  with  the  abolitionists  in  their  end,  he  differed  from  them  only  in  the 
means  of  accomplishing  it.  He  was  desirous  of  doing  that  gradually,  which 
he  conceived  they  were  doing  rashly.  He  had  therefore  drawn  up  two 
propositions.  The  first  was,  that  an  address  be  presented  to  his  majesty, 
that  he  would  recommend  to  the  colonial  assemblies  to  grant  premiums  to 
such  planters  and  overseers  as  should  distinguish  themselves  by  promoting 
the  annual  increase  of  the  slaves  by  birth ;  and  likewise  freedom  to  every 
female  slave,  who  had  reared  five  children  to  the  age  of  seven  years.  The 
second  was,  that  a  bounty  of  five  pounds  per  head  be  given  to  the  master 
of  every  slave-ship,  who  should  import  in  any  cargo  a  greater  number  of  le- 
males  than  males,  not  exceeding  the  age  of  twenty-five  years.  To  bring  for- 


SPEECH  OF  MR.  PITT.    >  233 

ward  these  propositions,  he  would  now  move  that  the  chairman  leave  the 
chair. 

Mr.  Pitt  rejoiced  that  the  debate  had  taken  a  turn  which  contracted  the 
question  into  such  narrow  limits.  The  matter  then  in  dispute  was  merely  as 
to  the  time  at  which  the  abolition  should  take  place.  He  therefore  congratu 
lated  the  house,  the  country,  and  the  world,  that  this  great  point  had  been 
gained ;  that  we  might  now  consider  this  trade  as  having  received  its  condem 
nation  ;  that  this  curse  of  mankind  was  seen  in  its  true  light ;  and  that  the 
greatest  stigma  on  our  national  character,  which  ever  yet  existed,  was  about  to 
be  removed  !  Mankind,  he  trusted,  were  now  likely  to  be  delivered  from  the 
greatest  practical  evil  that  ever-  afflicted  the  human  race ;  from  the  most 
severe  and  extensive  calamity  recorded  in  the  history  of  the  world. 

Mr.  Pitt  proceeded  to  remark  upon  the  civilization  of  Africa ;  as  his  eye 
had  just  glanced  upon  a  West  Indian  law,  in  the  evidence  upon  the  table,  he 
said  he  would  begin  with  an  argument,  which  the  sight  of  it  had  suggested  to 
him.  This  argument  had  been  ably  answered  in  the  course  of  the  evening ; 
but  he  would  view  it  in  yet  another  light.  It  had  heen  said  that  the  savage 
disposition  of  the  Africans  rendered  the  prospect  of  their  civilization  almost 
hopeless.  This  argument  was  indeed  of  long  standing ;  but  last  year  it  had 
been  supported  upon  a  new  ground.  Captain  Frazer  had  stated  in  his  evi 
dence  that  a  boy  had  been  put  to  death  at  Cabenda,  because  there  were  those 
who  refused  to  purchase  him  as  a  slave.  This  single  story  was  deemed  by  him, 
and  had  been  considered  by  others,  as  a  sufficient  proof  of  the  barbarity  of 
the  Africans,  and  of  the  inutility  of  abolishing  the  slave-trade.  But  they, 
who  had  used  this  fact,  had  suppressed  several  circumstances  relating  to  it.  It 
appeared,  on  questioning  Captain  Frazer  afterwards,  that  this  boy  had  pre 
viously  run  away  from  his  master  three  several  times  ;  that  the  master  had  to 
pay  his  value,  according  to  the  custom  of  the  country,  every  time  he  was 
brought  back ;  and  that  partly  from  anger  at  the  boy  for  running  away  so 
frequently,  and  partly  to  prevent  a  repetition  of  the  same  expense,  he  deter 
mined  to  destory  him.  Such  was  the  explanation  of  the  signal  instance  which 
was  to  fix  barbarity  on  all  Africa,  as  it  came  out  in  the  cross-examination  of 
Captain  Frazer.  That  this  African  master  was  unenlightened  and  barbarous, 
he  freely  admitted ;  but  what  would  an  enlightened  and  civilized  West  Indian 
have  done  in  a  similar  case  ?  He  would  quote  the  law,  passed  in  the  West 
Indies  in  1722,  which  he  had  just  cast  his  eye  upon  in  the  book  of  evidence, 
by  which  law  this  very  same  crime  of  running  away,  was  by  the  legislature  of 
an  island,  by  the  grave  and  deliberate  sentence  of  an  enlightened  legisla 
ture,  punished  with  death ;  and  this,  not  in  the  case  only  of  the  third  offense,  but 
even  in  the  very  first  instance.  It  was  enacted,  "  That  if  any  negro  or  other 
slave  should  withdraw  himself  from  his  master  for  the  term  of  six  mouths,  or 
any  slave,  who  was  absent,  should  not  return  within  that  time,  every  such  per 
son  should  suffer  death."  There  was  also  another  West  Indian  law,  by  which 
every  negro  was  armed  against  his  fellow-negro,  for  he  was  authorized  to  kill 
every  runaway  slave ;  and  he  had  even  a  reward  held  out  to  him  for  so  doing 


234  DEBATE  IN  PARLIAMENT. 

Let  the  house  now  contrast  the  two  cases.  Let  them  ask  themselves  which  of 
the  two  exhibited  the  greatest  barbarity ;  and  whether  they  could  possibly  vote 
for  the  continuance  of  the  slave-trade,  upon  the  principle  that  the  Africans 
had  shown  themselves  to  be  a  race  of  incorrigible  barbarians  ! 

Something  like  an  opposite  argument,  but  with  a  like  view,  had  been  main 
tained  by  others  on  this  subject.  It  had  been  said,  in  justification  of  the  trade, 
that  the  Africans  had  derived  some  little  civilization  from  their  intercourse 
with  us.  Yes,  we  had  given  them  just  enough  of  the  forms  of  justice  to  enable 
them  to  add  the  pretext  of  legal  trials  to  their  other  modes  of  perpetrating 
the  most  atrocious  crimes.  We  had  given  them  just  enough  of  European  im 
provements  to  enable  them  the  more  effectually  to  turn  Africa  into  a  ravaged 
wilderness.  Alas  !  alas  !  we  had  carried  on  a  trade  with  them  from  this  civil 
ized  and  enlightened  country,  which,  instead  of  diffusing  knowledge,  had  been 
a  check  to  every  laudable  pursuit.  We  had  carried  a  poison  into  their  coun 
try  which  spread  its  contagious  effects  from  one  end  of  it  to  the  other,  and 
which  penetrated  to  its  very  centre,  corrupting  every  part  to  which  it  reached. 
We  had  there  subverted  the  whole  order  of  nature ;  we  had  aggravated  every 
natural  barbarity,  and  furnished  to  every  man  motives  for  committing,  under 
the  name  of  trade,  acts  of  perpetual  hostility  and  perfidy  against  his  neighbor. 
Thus  had  the  perversion  of  British  commerce  carried  misery  instead  of  happi 
ness  to  one  whole  quarter  of  the  globe.  False  to  the  very  principles  of  trade, 
misguided  in  our  policy,  unmindful  of  our  duty,  what  almost  irreparable  mis 
chief  had  we  done  to  that  continent !  How  shall  we  hope  to  obtain  forgiveness 
from  heaven  if  we  refused  to  use  those  means  which  the  mercy  of  Providence 
had  still  reserved  to  us  for  wiping  away  the  guilt  and  shame  with  which  we 
were  now  covered  ?  If  we  refused  even  this  degree  of  compensation,  how  ag 
gravated  would  be  our  guilt  1  Should  we  delay,  then,  to  repair  these  incalcu 
lable  injuries  ?  We  ought  to  count  the  days,  nay,  the  very  hours  which 
intervened  to  delay  the  accomplishment  of  such  a  work. 

On  this  great  subject,  the  civilization  of  Africa,  which,  he  confessed,  was 
near  his  heart,  he  would  yet  add  a  few  observations.  And  first  he  would  say, 
that  the  present  deplorable  state  of  the  country,  especially  when  he  reflected 
that  her  chief  calamities  were  to  be  ascribed  to  us,  called  for  a  generous  aid, 
rather  than  justified  any  despair,  on  our  part,  of  her  recovery,  and  still  less  a 
repetition  of  our  injuries.  On  what  ground  of  theory  or  history  did  we  act, 
when  we  supposed  that  she  was  never  to  be  reclaimed  ?  There  was  a  time, 
which  it  now  might  be  fit  to  call  to  remembrance,  when  human  sacrifices,  and 
even  this  very  practice  of  the  slave-trade,  existed  in  our  own  island.  Slaves,  as 
we  may  read  in  Henry's  history  of  Great  Britain,  were  formerly  an  established 
nrticle  of  our  exports.  "  Great  numbers,"  he  says,  "  were  exported,  like  cattle, 
from  the  British  coast,  and  were  to  be  seen  exposed  for  sale  in  the  Roman 
market."  "Adultery,  witchcraft,  and  debt,"  says  the  same  historian,  "were 
probably  some  of  the  chief  sources  of  supplying  the  Roman  market  with  Brit 
ish  slaves  ;  prisoners  taken  in  war  were  added  to  the  number ;  there  might  be- 
also  among  them  some  unfortunate  gamesters,  who,  after  having  lost  all  their 


SPEECH  OF  MR.  PITT.  235 

goods,  at  length  staked  themselves,  their  wives,  and  their  children."  Now 
every  one  of  these  sources  of  slavery  had  been  stated  to  be  at  this  hour  a 
.source  of  slavery  in  Africa.  If  these  practices,  therefore,  were  to  be  admitted 
as  proofs  of  the  natural  incapacity  of  its  inhabitants,  why  might  they  not  have 
been  applied  to  ancient  Britain  ?  Why  might  not  then  some  Roman  senator, 
pointing  to  British  barbarians,  have  predicted  with  equal  boldness,  that  these 
were  a  people  who  were  destined  never  to  be  free ;  who  were  without  the  un 
derstanding  necessary  for  the  attainment  of  useful  arts ;  depressed  by  the  hand 
of  nature  below  the  level  of  the  human  species,  and  created  to  form  a  supply 
of  slaves  for  the  rest  of  the  world  ?  But  happily,  since  that  time,  notwith 
standing  what  would  then  have  been  the  justness  of  these  predictions,  we  had 
emerged  from  barbarism.  We  were  now  raised  to  a  situation  which  exhibited 
a  striking  contrast  to  every  circumstance  by  which  a  Roman  might  have  char 
acterized  us,  and  by  which  we  now  characterized  Africa.  There  was,  indeed, 
one  thing  wanting  to  complete  the  contrast,  and  to  clear  us  altogether  from  the 
h'.vr.itation  of  acting  even  to  this  hour  as  barbarians  ;  for  we  continued  to  this 
hour  a  barbarous  traffic  in  slaves.  We  continued  it  even  yet,  in  spite  of  all 
our  great  pretensions.  We  were  once  as  obscure  among  the  nations  of  the 
("irth,  as  savage  in  our  manners,  as  debased  in  our  morals,  as  degraded  in  our 
understandings  as  these  unhappy  Africans.  But  in  the  lapse  of  a  long  series 
of  years,  by  a  progression  slow,  and  for  a  time  almost  imperceptible,  we  had 
become  rich  in  a  variety  of  acquirements.  We  were  favored  above  measure  in 
1)10  gifts  of  Providence,  we  were  unrivaled  in  commerce,  preeminent  in  arts, 
foremost  in  the  pursuits  of  philosophy  and  science,  and  established  in  all  the 
blessings  of  civil  society ;  we  were  in  the  possession  of  peace,  of  liberty,  and 
of  happiness ;  we  were  under  the  guidance  of  a  mild  and  a  beneficent  religion ; 
rmd  we  were  protected  by  impartial  laws,  and  the  purest  administration  of  jus 
tice  ;  we  were  living  under  a  system  of  government,  which  our  own  happy 
experience  led  us  to  pronounce  the  best  and  wisest,  and  which  had  become  the 
admiration  of  the  world.  From  all  these  blessings  we  must  forever  have  been 
excluded  had  there  been  any  truth  in  those  principles  which  some  had  not  hes 
itated  to  lay  down  as  applicable  to  the  case  of  Africa ;  and  we  should  have 
been,  at  this  moment,  little  superior,  either  in  morals,  knowledge,  or  refinement, 
to  the  rude  inhabitants  of  that  continent. 

If,  then,  we  felt  that  this  perpetual  confinement  in  the  fetters  of  brutal  ig 
norance  would  have  been  the  greatest  calamity  which  could  have  befallen  us ; 
if  we  viewed  with  gratitude  the  contrast  between  our  present  and  our  former 
situation ;  if  we  shuddered  to  think  of  the  misery  which  would  still  have  over 
whelmed  us,  had  our  country  continued  to  the  present  times,  through  some 
cruel  policy,  to  be  the  mart  for  slaves  to  the  more  civilized  nations  of  the  world ; 
God  forbid  that  we  should  any  longer  subject  Africa  to  the  same  dreadful 
scourge,  and  exclude  that  light  of  knowledge  from  her  coasts  which  had  reach 
ed  every  other  quarter  of  the  globe  ! 

He  trusted  we  should  no  longer  continue  this  commerce  ;  and  that  we  should 
no  longer  consider  ourselves  as  conferring  too  great  a  boon  on  the  natives  of 


236  DEBATE  IN  PARLIAMENT. 

Africa,  in  restoring  them  to  the  rank  of  human  beings.  He  trusted  we  should 
not  think  ourselves  too  liberal,  if,  by  abolishing  the  slave-trade,  we  gave  them 
the  same  common  chance  of  civilization  with  other  parts  of  the  world.  If  we 
listened  to  the  voice  of  reason  and  duty  this  night,  some  of  us  might  live  to  see 
a  reverse  of  that  picture,  from  which  we  now  turn  our  eyes  with  shame.  We 
might  live  to  behold  the  natives  engaged  in  the  calm  occupations  of  industry. 
and  in  the  pursuit  of  a  just  commerce.  We  might  behold  the  beams  of  science 
and  philosophy  breaking  in  upon  their  land,  which  at  some  happy  period  in 
some  later  times  might  blaze  with  full  lustra?  and  joining  their  influence  to  that 
of  pure  religion,  might  illuminate  and  invigorate  the  most  distant  extremities  of 
that  immense  continent.  Then  might  we  hope  that  even  Africa,  though  last 
of  all  the  quarters  of  the  globe,  should  enjoy  at  length,  in  the  evening  of  her 
days,  those  blessings  which  had  descended  so  plentifully  upon  us  in  a  much  ear 
lier  period  of  the  world.  Then  also  would  Europe,  participating  in  her 
improvement  and  prosperity,  receive  an  ample  recompense  for  the  tardy  kind 
ness  (if  kindness  it  could  be  called)  of  no  longer  hindering  her  from  extricat 
ing  herself  out  of  the  darkness,  which,  in  other  more  fortunate  regions,  had 
been  so  much  more  speedily  dispelled. 

It  was  in  this  view,  it  was  as  an  atonement  for  our  long  and  cruel  injustice 
towards  Africa  that  the  measure  proposed  by  his  honorable  friend,  Mr.  Wilber- 
force,  most  forcibly  recommended  itself  to  his  mind.  The  great  and  happy 
change  to  be  expected  in  the  state  of  her  inhabitants  was,  of  all  the  various 
benefits  of  the  abolition,  in  his  estimation  the  most  extensive  and  important. 
He  should  vote  against  the  adjournment,  and  he  should  also  oppose  every 
proposition  which  tended  to  prevent  or  even  to  postpone  for  an  hour  the  total 
abolition  of  the  slave-trade. 

Two  divisions  took  place.  In  the  first  there  were  193  votes  for  gradual 
abolition,  and  125  for  immediate;  and  in  the  second  there  were  230  for  grad 
ual,  and  85  for  no  abolition  at  all.  On  the  25th  of  April,  Mr.  Dundas  brought 
forward  a  plan  conformable  with  the  resolutions  of  the  house  above  mentioned. 
He  considered  that  eight  years  ought  to  be  allowed  the  planters  to  stock  them 
selves  with  negroes,  and  therefore  moved  that  the  year  1800  should  be  the 
epoch,  after  which  no  more  slaves  should  be  imported  from  Africa  in  British 
vessels  to  the  West  Indies.  Sir  Edward  Knatchbull  proposed  the  year  1796, 
which  motion  was  carried  by  151  to  132. 

After  the  debate,  the  committee  for  the  abolition  of  the  slave-trade  held  a 
meeting  and  voted  their  thanks  to  Mr.  Wllberforce  for  his  motion,  and  to  Mr. 
Pitt,  Mr.  Fox,  and  those  other  members  of  the  house  who  had  so  eloquently 
supported  it.  They  resolved,  also,  that  a  gradual  abolition  of  the  slave-trade 
was  not  an  adequate  remedy  for  its  injustice  and  cruelty  ;  neither  could  it  be 
deemed  a  compliance  with  the  general  wishes  of  the  people,  as  expressed  in 
their  numerous  and  urgent  petitions  to  parliament ;  and  they  resolved,  lastly, 
to  use  all  constitutional  means  to  obtain  its  immediate  abolition. 


AFRICAN  SLAVE  TRADE.  237 

CHAPTER   XV. 

PARLIAMENTARY  HISTORY. — SLAVE  TRADE  RENDERED  ILLEGAL. 

Action  of  tlie  House  of  Lords  in  1792. — Clarksun  retires  from  the  field  from  ill  health, 
in  1794. — Mr.  Wilberforce's  annual  motion. — Session  of  1799. — Speech  of  Canning. — 
Sessions  of  1804  and  1805. — Clarksou  resumes  his  labors. — Death  of  Mr.  Pitt,  January, 
1806. — Administration  of  Grenville  and  Fox. — Session  of  1806. — Debate  in  the  House 
of  Lords. — Speeches  of  Lord  Grrenville,  Erskine,  Dr.  Porteus,  Earls  Stanhope  and  Spen  - 
cer,  Lords  Holland  and  Ellenborough. — Death  of  Fox,  October,  1806. — Contest  and 
triumph  in  1807. — Final  passage  of  the  Bill  for  the  Abolition  of  the  African  Slave 
Trade. — Slave  trade  declared  felony  in  1811,  and  declared  piracy  in  1824,  by  England. 
England  abolishes  slavery  in  her  colonies,  1833. — Prohibition  of  Slave  Trade  by  Eu 
ropean  governments. — Slavery  abolished  in  Mexico,  1829 — In  Guatemala  and  Colombia. 


T 


HE  gradual  abolition  having  been  thus  agreed  upon  for  1796,  by  the  house 
of  commons,  a  committee  earned  the  resolution  to  the  house  of  lords.  On 
the  8th  of  May,  1792,  the  lords  met  to  consider  it,  when  a  motion  was  made 
by  Lord  Stormont,  on  the  part  of  the  planters,  merchants,  and  other  interested 
persons,  to  hear  new  evidence.  On  the  5th  of  June,  when  only  seven  witnesses 
had  been  examined,  all  further  proceedings  were  postponed  to  the  next  session. 

Nothing  could  be  more  distressing  to  the  friends  of  the  measure  than  this 
determination  of  the  lords ;  first,  because  there  was  no  knowing  how  many 
years  they  might  prolong  the  hearing  of  evidence ;  and  secondly,  it  involved 
the  necessity  of  finding  out  and  keeping  up  a  respectable  body  of  witnesses  on 
the  side  of  the  opponents  of  the  trade.  Mr.  Clarkson,  therefore,  set  out  again 
in  the  month  of  July  on  his  old  errand,  and  returned  in  February,  1793.  The 
house  of  commons  was  then  sitting.  The  only  step  to  be  taken  was  to  bring 
forward  its  own  vote  of  the  former  year,  by  which  the  slave-trade  was  to  be 
abolished  in  1796,  in  order  that  this  vote  might  be  reconsidered  and  renew 
ed.  This  motion,  made  by  Mr.  Wilberforce,  was  furiously  opposed,  and  lost 
by  a  majority  of  61  to  53.  By  this  determination  the  commons  actually  re 
fused  to  sanction  their  own  vote.  In  the  house  of  lords,  but  seven  witnesses 
were  examined  during  this  session. 

Mr.  Clarkson  once  more  traversed  the  kingdom  in  search  of  witnesses.  He 
returned  in  February,  1794,  but  in  such  a  wretched  state  of  health  as  to  be 
unable  to  lend  any  farther  assistance  to  the  committee.  The  incessant  labor  of 
body  and  mind  for  so  many  years,  aggravated  by  anxiety  and  disappointments, 
had  made  a  serious  inroad  upon  his  constitution.  His  nervous  system  had  been 
shattered, — his  hearing,  voice,  and  memory  were  nearly  gone.  He  was  there 
fore  obliged,  very  reluctantly,  to  be  borne  out  of  the  field,  where  he  had  placed 
the  great  honor  and  glory  of  his  life.  Mr.  Clarkson  says  :  "  These  disorders 
had  been  brought  on  by  degrees  in  consequence  of 'the  severe  labors  necessa 
rily  attached  to  the  promotion  of  the  cause.  For  seven  years  I  had  a  corres 
pondence  to  maintain  with  four  hundred  persons  with  my  own  ^and.  I  had 
some  book  or  other  annually  to  write  in  behalf  of  the  cause.  In  this  time  I 
had  traveled  more  than  thirty-five  thousand  miles  in  search  of  eviden^  e,  and  a 


238  HISTORY  OF  THE  ABOLITION 

great  part  of  these  journeys  in  the  night.  All  this  time  my  mind  had  been  on 
the  stretch.  It  had  been  bent,  too,  to  this  one  subject ;  for  I  had  not  even  leis 
ure  to  attend  to  ray  own  concerns.  The  various  instances  of  barbarity  which 
had  come  successively  to  my  knowledge,  within  this  period,  had  vexed,  harassed, 
and  afflicted  it.  The  wound  which  these  had  produced  was  rendered  still  deeper 
by  those  cruel  disappointments  before  related,  which  arose  from  the  reiterated 
refusal  of  persons  to  give  their  testimony,  after  I  had  traveled  hundreds  of 
miles  in  quest  of  them.  But  the  severest  stroke  was  that  inflicted  by  the  per 
secution  begun  and  pursued  by  persons  interested  in  the  continuance  of  the 
trade,  of  such  witnesses  as  had  been  examined  against  them ;  and  whom,  on 
account  of  their  dependent  situations  in  life,  it  was  most  easy  to  oppress.  As 
I  had  been  the  means  of  bringing  these  forward  on  these  occasions,  they  natu 
rally  came  to  me,  when  thus  persecuted,  as  the  author  of  their  miseries  and 
their  ruin.  From  their  supplications  and  wants  it  would  have  been  ungener 
ous  and  ungrateful  to  have  fled.  The  late  Mr.  Whitbread,  to  whom  one  day 
in  deep  affliction  on  this  account  I  related  accidentally  a  circumstance  of  this 
kind,  generously  undertook,  in  order  to  make  my  mind  easy  upon  the  subject, 
to  make  good  all  injuries  which  should  in  future  arise  to  individuals  from  such 
persecution  ;  and  he  repaired  these,  at  different  times,  at  a  considerable  ex 
pense.  I  feel  it  a  duty  to  divulge  this  circumstance,  out  of  respect  to  the 
memory  of  one  of  the  best  of  men,  and  of  one  whom,  if  the  history  of  his  life 
were  written,  it  would  appear  to  have  been  an  extraordinary  honor  to  the  coun 
try  to  have  produced." 

In  the  session  of  1195,  Mr.  Wilberforce  moved  for  leave  to  bring  in  a  bill 
for  the  abolition  of  the  slave-trade.  The  motion  was  lost  by  a  small  majority. 
In  1796,  Mr.  Wilberforce  resolved  to  try  the  question  in  a  new  shape.  He 
moved  that  the  trade  be  abolished  in  a  limited  time,  but  without  assigning  to 
its  duration  any  specific  date.  He  wished  the  house  to  agree  to  this  as  a  gen 
eral  principle.  After  much  opposition,  the  principle  was  acknowledged  ;  but 
when,  in  consequence  of  this  acknowledgment  of  it,  he  brought  in  a  bill  and 
attempted  to  introduce  into  one  of  its  clauses,  the  year  1797,  as  the  period 
when  the  trade  should  cease,  he  lost  it  by  a  majority  of  74  to  70.  He  allowed 
the  next  session  to  pass  without  any  parliamentary  notice  of  the  subject,  but  in 
1798  he  renewed  his  motion  for  a  limited  time,  which  was  lost. 

In  the  year  1799,  undismayed  by  these  different  disappointments,  he  again 
renewed  his  motion.  Colonel  M.  Wood,  Mr.  Petrie,  and  others,  among-  whom 
were  Mr.  Windham  and  Mr.  Dundas,  opposed  it.  Messrs.  Pitt,  Fox,  W. 
Smith,  Sir  William  Dolben,  Sir  R.  Milbank,  Mr.  Hobhouse,  and  Mr.  Canning, 
supported  it.  Sir  R.  Milbank  contended  that  modifications  of  a  system  fun 
damentally  wrong  ought  not  to  be  tolerated  by  the  legislature  of  a  free  nation. 
Mr.  Hobhouse  said  that  nothing  could  be  so  nefarious  as  this  ".raflic  in  blood. 
It  was  unjust  in  its  principle.  It  was  cruel  in  its  practice.  It  admitted  of  no 
regulation  whatever.  The  abolition  of  it  was  called  for  equally  by  morality 
and  sound  policy. 

Mr.  Canning  exposed  the  folly  of  Mr.  Dundas,  who  had  said  that  as  parlis 


OF  THE  AFRICAN  SLAVE  TRADE.  239 

ment  had  in  the  year  1787  left  the  abolition  to  the  colonial  assemblies,  it  ought 
not  to  be  taken  out  of  their  hands.  This  great  event,  he  observed,  could  only 
be  accomplished  in  two  ways  ;  either  by  these  assemblies,  or  by  the  parliament 
of  England.  Now  the  members  of  the  assembly  of  Jamaica  had  professed 
that  they  would  never  abolish  the  trade.  Was  it  not  therefore  idle  to  rely  up 
on  them  for  the  accomplishment  of  it  ?  He  then  took  a  very  comprehensive 
view  of  the  arguments  which  had  been  offered  in  the  course  of  the  debate,  and 
was  severe  upon  the  planters  in  the  house,  who,  he  said,  had  brought  into  fa 
miliar  use  certain  expressions  with  no  other  view  than  to  throw  a  veil  over 
their  odious  system.  Among  these  was  their  right  to  import  laborers.  But 
never  was  the  word  "  laborers  "  so  prostituted  as  when  it  was  used  for  slaves. 
Never  was  the  word  "right"  so  prostituted,  not  even  when  The  Rights  of 
Man  were  talked  of,  as  when  the  right  to  trade  in  man's  blood  was  asserted  by 
the  members  of  an  enlightened  assembly.  Never  was  the  right  of  importing 
these  laborers  worse  defended  than  when  the  antiquity  of  the  slave-trade,  and 
its  foundation  on  ancient  acts  of  parliament,  were  brought  forward  in  its  sup 
port.  We  had  been  cautioned  not  to  lay  our  unhallowed  hands  on  the  ancient 
institution  of  the  slave-trade;  nor  to  subvert  a  fabric  raised  by  the  wisdom  of 
our  ancestors,  and  consecrated  by  a  lapse  of  ages.  But  on  what  principles  did 
we  usually  respect  the  institutions  of  antiquity  ?  We  respected  them  when 
we  saw  some  shadow  of  departed  worth  and  usefulness,  or  some  memorial  of 
what  had  besn  creditable  to  mankind.  But  was  this  the  case  with  the  slave- 
trade  ?  Had  it  begun  in  principles  of  justice  or  national  honor,  which  the 
changes  of  the  world  alone  had  impaired?  Had  it  to  plead  former  services 
md  glories  in  behalf  of  its  present  disgrace  ?  In  looking  at  it  we  saw  noth 
ing  but  crinios  and  sufferings  from  the  beginning ;  nothing  but  what  wounded 
and  convulsed  our  feelings  ;  nothing  but  what  excited  indignation  and  horror. 
It  had  not  even  to  plead  what  could  often  be  said  in  favor  of  the  most  unjus 
tifiable  wars.  Though  conquest  had  sometimes  originated  in  ambition,  and  in 
the  worst  of  motives,  yet  the  conquerors  and  the  conquered  were  sometimes 
blended  afterwards  into  one  people  ;  so  that  a  system  of  common  interest  arose 
out  of  former  differences.  But  where  was  the  analogy  of  the  cases  ?  Was  it 
only  at  the  outset  that  we  could  trace  violence  and  injustice  on  the  part  of  the 
slave-trade  ?  Were  the  oppressors  and  the  oppressed  so  reconciled  that  enmi 
ties  ultimately  ceased  ?  No.  Was  it  reasonable,  then,  to  urge  a  prescriptive 
right,  not  to  the  fruits  of  an  ancient  and  forgotten  evil,  but  to  a  series  of  new 
violences  ;  to  a  chain  of  fresh  enormities ;  to  cruelties  continually  repeated  ; 
and  of  which  every  instance  inflicted  a  fresh  calamity,  and  constituted  a  sepa 
rate  and  substantial  crime  ? 

The  debate  being  over,  the  house  divided ;  when  it  appeared  that  there  were 
for  Mr.  Wilberforce's  motion  seventy-four,  but  against  it  eighty -two. 

The  question  had  row  been  tried  and  lost  in  almost  every  possible  shape, 
I  at  Mr.  Wilberforce  t,  1  the  committee  resolved  to  hold  themselves  in  readi- 
n  *s  to  seize  the  first  fa.  "able  opportunity  which  should  present  itself  of  fur- 
tht  ing  the  cause.  Fcur  -ars  passed  over  vnthout  action,  out  tLe  yea.?  180-4 


240  HISTORY  OF  THE  ABOLITION 

was  fixed  upon  for  renewed  exertion.  Among  the  reasons  for  fixing  upon  this 
year,  one  may  be  assigned,  namely,  that  the  Irish  members,  in  consequence  of 
the  union  which  had  taken  place  between  the  two  countries,  had  then  all  taken 
their  seats  in  the  house  of  commons ;  and  that  most  of  them  were  friendly  to 
the  cause. 

This  being  the  situation  of  things,  Mr.  Wilberforce,  on  the  30th  of  March, 
asked  leave  to  renew  his  bill  for  the  abolition  of  the  slave-trade  within  a  lim 
ited  time.  Mr.  Fuller  opposed  it.  A  debate  ensued. 

An  amendment  having  been  proposed  by  Mr.  Manning,  a  division  took  place 
upon  it,  when  leave  was  given  to  bring  in  the  bill,  by  a  majority  of  one  hun 
dred  and  twenty-four  to  forty-nine. 

On  the  7th  of  June,  the  second  reading  of  the  bill  was  moved.  Upon  a  di 
vision,  there  appeared  for  the  second  reading  one  hundred,  and  against  it 
forty-two. 

On  the  27th  of  June,  the  bill,  though  opposed  in  its  last  stage,  was  carried 
by  a  majority  of  sixty-nine  to  thirty-six.  It  was  then  taken  up  to  the  lords ; 
but  on  a  motion  of  Lord  Hawkesbury,  then  a  member  of  that  house,  the  discus 
sion  of  it  was  postponed  to  the  next  year. 

The  session  being  ended,  the  committee  for  the  abolition  of  the  slave-trade 
increased  its  numb'er  by  the  election  of  the  Right  Honorable  Lord  Teignmouth, 
Dr.  Dickson,  and  Wilson  Birkbeck,  as  members. 

In  the  year  1805,  Mr.  Wilberforce  renewed  his  motion  of  the  former  year. 
Colonel  Tarleton,  Sir  William  Yonge,  Mr.  Fuller,  and  Mr.  Gascoyne  opposed 
it.  Leave  was  given  to  introduce  his  bill. 

On  the  second  reading  of  it  a  serious  opposition  took  place ;  and  an  amend 
ment  was  moved  for  postponing  it  till  that  day  six  months.  The  amendment 
was  opposed  by  Mr.  Fox  and  Mr.  Huddlestone.  The  latter  could  not  help 
lifting  his  voice  against  this  monstrous  traffic  in  the  sinews  and  blood  of  man, 
the  toleration  of  which  had  so  long  been  the  disgrace  of  the  British  legislature. 
He  did  not  charge  the  enormous  guilt  resulting  from  it  upon  the  nation  at 
large ;  for  the  nation  had  washed  its  hands  of  it  by  the  numerous  petitions  it 
had  sent  against  it ;  arid  it  had  since  been  a  matter  of  astonishment  to  all  Chris 
tendom  how  the  constitutional  guardians  of  British  freedom  should  have  sanc 
tioned  elsewhere  the  greatest  system  of  cruelty  and  oppression  in  the  world. 

He  said  that  a  curse  attended  this  trade  even  in  the  mode  of  defending  it. 
By  a  certain  fatality,  none  but  the  vilest  arguments  were  brought  forward,  which 
corrupted  the  very  persons  who  used  them.  Every  one  of  these  were  built  on 
the  narrow  ground  of  interest.;  of  pecuniary  profit ;  of  sordid  gain  ;  in  oppo 
sition  to  every  higher  consideration  ;  to  every  motive  that  had  reference  to  hu 
manity,  justice,  and  religion  ;  or  to  that  great  principle  which  comprehended 
them  all.  Place  only  before  the  most  determined  advocate  of  this  odious  traf 
fic  the  exact  image  of  himself  in  the  garb  and  harness  of  a  slave,  dragged  and 
whipped  about  like  a  beast ;  place  this  image  also  before  him,  and  paint  it  aa 
that  of  one  without  a  ray  of  hope  to  cheer  him ;  and  you  would  extort  from 
him  the  reluctant  confession  that  he  would  not  endure  for  an  hour  the  misery 


OF  THE  AFRICAN  SLAVE  TRADE.  241 

to  which  he  condemned  his  fellow-man  for  life.  How  dared  he,  then,  to  use 
this  selfish  plea  of  interest  against  the  voice  of  the  generous  sympathies  of  his 
nature  ?  But  even  upon  this  narrow  ground  the  advocates  for  the  traffic  had 
been  defeated.  If  the  unhallowed  argument  of  expediency  was  worth  any 
thing  when  opposed  to  moral  rectitude,  or  if  it  were  to  supercede  the  precepts 
of  Christianity,  where  was  a  man  to  stop,  or  what  line  was  he  to  draw  ?  For 
any  thing  he  knew,  it  might  be  physically  true  that  human  blood  was  the  best 
manure  for  the  land ;  but  who  ought  to  shed  it  on  that  account  ?  True  expe 
diency,  however,  was,  where  it  ever  would  be  found,  on  the  side  of  that  system 
which  was  most  merciful  and  just.  He  asked  how  it  happened  that  sugar 
could  be  imported  cheaper  from  the  East  Indies  than  from  the  West,  notwith 
standing  the  vast  difference  of  the  length  of  the  voyages,  but  on  account  of  the 
impolicy  of  slavery,  or  that  it  was  made  in  the  former  case  by  the  industry  of 
free  men,  and  in  the  latter  by  the  languid  drudgery  of  slaves. 

As  he  had  had  occasion  to  advert  to  the  eastern  part  of  the  world,  he  would 
make  an  observation  upon  an  argument  which  had  been  collected  from  that 
quarter.  The  condition  of  the  negroes  in  the  West  Indies  had  been  lately 
compared  with  that  of  the  Hindoos.  But  he  would  observe  that  the  Hindoo, 
miserable  as  his  hovel  was,  had  sources  of  pride  and  happiness  to  which  not 
only  the  West  Indian  slave,  but  even  his  master  was  a  stranger.  He  was,  to 
be  sure,  a  peasant,  and  his  industry  was  subservient  to  the  gratifications  of  an 
European  lord.  But  he  was,  in  his  own  belief,  vastly  superior  to  him.  He 
viewed  him  as  one  of  the  lowest  cast.  He  would  not,  on  any  consideration, 
eat  from  the  same  plate.  He  would  not  suffer  his  son  to  marry  the  daughter 
of  his  master,  even  if  she  could  bring  him  all  the  West  Indies  as  her  portion. 
He  would  observe,  too,  that  the  Hindoo  peasant  drank  his  water  from  his 
native  well ;  that  if  his  meal  were  scanty,  he  received  it  from  the  hand  of  her 
who  was  most  dear  to  him  ;  that  when  he  labored,  he  labored  for  her  and  his 
offspring.  His  daily  task  being  finished,  he  reposed  with  his  family.  No  re 
trospect  of  the  happiness  of  former  days,  compared  with  existing  misery,  dis 
turbed  his  slumber ;  nor  horrid  dreams  occasioned  him  to  wake  in  agony  at 
the  dawn  of  day.  No  barbarous  sounds  of  cracking  whips  reminded  him  that, 
with  the  form  and  image  of  a  man,  his  destiny  was  that  of  the  beast  of  the 
field.  Let  the  advocates  for  the  bloody  traffic  state  what  they  had  to  set  off 
on  their  side  of  the  question  against  the  comforts  and  independence  of  the  man 
with  whom  they  compared  the  slave. 

The  amendment  was  supported  by  Sir  William  Yonge,  Sir  William  Pulteny, 
Colonel  Tarleton,  Mr.  Gascoyne,  C.  Brook,  and  Hiley  Addington.  On  divid 
ing  the  house  upon  it,  there  appeared  for  it  seventy-seven,  but  against  it  only 
seventy. 

This  defeat  occasioned  the  severest  disappointment.  The  committee  in 
stantly  met,  when  sorrow  was  seen  in  the  countenances  of  all  present,  but  they 
determined  to  renew  the  contest  with  redoubled  vigor  at  the  next  session. 
Just  at  this  moment  Mr.  Clarkson  joined  them.  Eight  years  of  retirement 

had  nearly  restored  him.  and  the  first  moment  he  found  himself  able  to  embark 

« 

16 


242  HISTORY  OF  THE  ABOLITION 

in  the  cause,  he  returned  to  his  post.  As  it  was  probable  the  bill  would  be 
passed  the  next  year,  by  the  commons,  and  if  so,  that  it  would  go  to  the  lords, 
and  that  they  might  require  further  evidence,  it  was  judged  proper  that  evi 
dence  should  be  prepared.  The  band  of  witnesses  which  had  been  last  col 
lected  were  broken  by  death  and  dispersion,  and  a  new  one  was  to  be  formed. 
This  Herculean  task  Mr.  Clarkson  undertook.  He  left  London  immediately, 
and  returned  in  January,  1806,  after  having  traveled  in  pursuit  of  his  object 
5000  miles.  In  this  month  died  Mr.  Pitt,  who  had  been  one  of  the  great  sup 
porters  of  the  cause. 

Mr.  Clarkson  says :  "  The  way  in  which  Mr.  Pitt  became  acquainted  with 
this  question,  has  already  been  explained.  A  few  doubts  having  been  removed, 
when  it  was  first  started,  he  professed  himself  a  friend  to  the  abolition.  The 
first  proof  which  he  gave  of  his  friendship  to  it  is  known  to  but  few  ;  but  it  is 
nevertheless  true,  that  so  early  as  in  1788,  he  occasioned  a  communication  to 
be  made  to  the  French  grvernment,  in  which  he  recommended  a  union  of  the 
two  countries  for  the  promotion  of  the  great  measure.  This  proposition 
seemed  to  be  then  new  and  strange  to  the  court  of  France,  and  the  answer  was 
not  favorable. 

"  From  this  time  his  efforts  were  reduced  within  the  boundaries  of  his  own 
powers.  As  far,  however,  as  he  had  scope,  he  exerted  them.  If  we  look  at 
him  in  his  parliamentary  capacity,  it  must  be  acknowledged  by  all  that  he  took 
an  active,  strenuous  and  consistent  part,  and  this,  year  after  year,  by  which  he 
realized  his  professions.  In  my  own  private  communications  with  him,  which 
were  frequent,  he  never  failed  to  give  proof  of  a  similar  disposition.  I  had 
always  free  access  to  him.  I  had  no  previous  note  or  letter  to  write  for  admis 
sion.  Whatever  papers  I  wanted  he  ordered.  He  exhibited  also  in  his  con 
versation  with  me  on  these  occasions  marks  of  more  than  ordinary  interest  in 
the  welfare  of  the  cause.  Among  the  subjects  which  were  started,  there  was 
one  which  was  always  near  his  heart.  This  was  the  civilization  of  Africa.  He 
looked  upon  this  great  work  as  a  debt  due  to  that  continent  for  the  many  inju 
ries  we  had  inflicted  upon  it :  and  had  the  abolition  succeeded  sooner,  as  in  the 
infancy  of  his  exertions  he  had  hoped,  I  know  he  had  a  plan,  suited  no  doubt 
to  the  capaciousness  of  his  own  mind,  for  such  establishments  in  Africa  as  he 
conceived  would  promote  in  due  time  this  important  end." 

On  the  31st  March,  1806,  the  question  was  ushered  again  into  parliament, 
but  under  new  auspices,  namely,  under  the  administration  of  Lord  Grenville 
and  Mr.  Fox.  It  was  thought  proper  that  Mr.  Wilberforce  should  be,  as  it 
were,  in  the  back  ground  on  this  occasion,  and  that  the  attorney  general,  as  a 
conspicuous  officer  of  the  government,  should  introduce  it.  The  latter  accord 
ingly  brought  in  a  bill,  one  of  the  objects  of  which  was  to  prevent  British 
merchants  and  British  capital  from  being  employed  in  the  foreign  slave-trade. 
This  bill  passed  both  houses  of  parliament,  and  was  therefore  the  first  that 
dismembered  the  traffic.  In  the  debate  it  was  declared,  in  substance,  both  by 
Lord  Grenville  and  Mr.  Fox,  in  their  respective  houses,  that  they  would  do 
ever"  thing  to  effect  the  abolition,  and  should  they  succeed  in  such  a  noble 


OF  THE  AFRICAN  SLAVE  TRADE.  243 

work,  they  would  regard  their  success  as  entailing  more  true  glory  on  their 
administration,  and  more  honor  and  advantage  on  the  country  than  any  other 
measure  in  which  they  could  be  engaged. 

On  the  10th  of  June,  Mr.  Fox,  in  a  speech  most  luminous  and  pathetic,  fol 
lowed  up  the  victory  which  had  been  just  gained,  by  moving  a  resolution  "that 
this  house,  considering  the  African  slave-trade  to  be  contrary  to  the  principles 
of  humanity,  justice  and  policy,  will,  with  all  practical  expedition,  take  effectual 
measures  for  the  abolition  of  it  in  such  manner  and  at  such  a  period  as  may 
be  deemed  most  advisable."  This  motion  produced  a  strong  opposition,  and 
an  interesting  debate.  It  was  supported  by  Milbank,  Francis,  Sir  Samuel 
Romilly,  Wilberforce,  Petty,  Newport,  Canning  and  Smith.  It  was  carried 
by  a  majority  of  114  to  15.  Mr.  Wilberforce  directly  moved  an  address  to  the 
king  "  praying  him  to  direct  a  negotiation  to  be  entered  into  by  which  foreign 
powers  should  be  invited  to  cooperate  with  his  majesty  in  measures  to  be  adopt 
ed  for  the  abolition  of  the  African  slave-trade. "  This  was  carried,  but  with 
out  a  division.  On  the  24th  June,  the  lords  met  to  consider  both  the  resolution 
and  address.  In  order  to  create  delay,  a  proposition  was  directly  made  that 
counsel  and  evidence  should  be  heard.  This  was  overruled.  Lord  Grenville 
then  rose  up  and  introduced  the  subject.  His  speech  was  among  the  master 
pieces  of  eloquence. 

Lord  Grenville  read  the  resolution  of  the  commons.  This  resolution,  he 
said,  stated  first,  that  the  slave-trade  was  contrary  to  humanity,  justice,  and 
sound  policy.  That  it  was  contrary  to  humanity,  was  obvious ;  for  humanity 
might  be  said  to  be  sympathy  for  the  distress  of  others,  or  a  desire  to  accom 
plish  benevolent  ends  by  good  means.  But  did  not  the  slave-trade  convey 
ideas  the  very  reverse  of  this  definition  ?  It  deprived  men  of  all  those  com 
forts  in  which  it  pleased  the  Creator  to  make  the  happiness  of  his  creatures  to 
consist,  of  the  blessings  of  society,  of  the  charities  of  the  dear  relationships  of 
husband,  wife,  father,  son,  and  kindred ;  of  the  due  discharge  of  the  relative 
duties  of  these,  and  of  that  freedom  which  in  its  pure  and  natural  sense  was 
one  of  the  greatest  gifts  of  God  to  man. 

Having  shown  the  inhumanity,  he  would  proceed  to  the  second  point  in  the 
resolution,  or  the  injustice  of  the  trade.  We  had  two  ideas  of  justice,  first,  as 
it  belonged  to  society  by  virtue  of  a  social  compact ;  and,  secondly,  as  it  be 
longed  to  men,  not  as  citizens  of  a  community,  but  as  beings  of  one  common 
nature.  In  a  state  of  nature,  man  had  a  right  to  the  fruit  of  his  own  labor 
absolutely  to  himself ;  and  one  of  the  main  purposes  for  which  he  entered  into 
society  was,  that  he  might  be  better  protected  in  the  possession  of  his  rights. 
In  both  cases,  therefore,  it  was  manifestly  unjust  that  a  man  should  be  made 
to  labor  during  the  whole  of  his  life,  and  yet  have  no  benefit  from  his  labor. 
Hence,  the  slave-trade  and  the  colonial  slavery  were  a  violation  of  the  very 
principal  upon  which  all  law  for  the  protection  of  property  was  founded. 
Whatever  benefit  was  derived  from  that  trade  to  an  individual,  it  was  derived 
from  dishonor  and  dishonesty.  He  forced  from  the  unhappy  victim  of  it,  that 
which  the  latter  did  not  wish  to  give  him  ;  and  he  gave  to  the  sftrae  victim, 


244  HISTORY  OF  THE  ABOLITION 

that  which  he  in  vain  attempted  to  show  was  an  equivalent  to  the  thing  he 
took,  it  being  a  thing  for  which  there  was  no  equivalent ;  and  which,  if  he  had 
not  obtained  by  force,  he  would  not  have  possessed  at  all.  Nor  could  there  be 
any  answer  to  this  reasoning,  unless  it  could  be  proved  that  it  had  pleased  God 
to  give  to  the  inhabitants  of  Britain  a  property  in  the  liberty  and  life  of  the 
natives  of  Africa.  But  he  would  go  further  on  this  subject.  The  injustice 
complained  of  was  not  confined  to  the  bare  circumstance  of  robbing  them  of 
the  right  to  their  own  labor.  It  was  conspicuous  throughout  the  system.  They 
who  bought  them,  became  guilty  of  all  the  crimes  which  had  been  committed 
in  procuring  them ;  and,  when  they  possessed  them,  of  all  the  crimes  which 
belonged  to  their  inhuman  treatment.  The  injustice,  in  the  latter  case,  amount 
ed  frequently  to  murder.  For  what  was  it  but  murder  to  pursue  a  practice 
which  produced  untimely  death  to  thousands  of  innocent  and  helpless  beings  ? 
It  was  a  duty  which  their  lordships  owed  to  their  Creator,  if  they  hoped  for 
mercy,  to  do  away  this  monstrous  oppression. 

With  respect  to  the  impolicy  of  the  trade  (the  third  point  in  the  resolution) 
he  would  say  at  once,  that  whatever  was  inhuman  and  unjust  must  be  impolitic. 
He  had,  however,  no  objection  to  argue  the  point  upon  its  own  particular 
merits ;  and,  first,  he  would  observe  that  a  great  man,  Mr.  Pitt,  now  no  more, 
had  exerted  his  vast  powers  on  many  subjects  to  the  admiration  of  his  hearers  ; 
but  on  none  more  successfully  than  on  the  subject  of  the  abolition  of  the  slave- 
trade.  He  proved,  after  making  an  allowance  for  the  price  paid  for  the  slaves  in 
the  West  Indies,  for  the  loss  of  them  in  the  seasoning,  and  for  the  expense  of 
maintaining  them  afterwards,  and  comparing  these  particulars  with  the  amount 
in  value  of  their  labor  there,  that  the  evils  endured  by  the  victims  of  the  traffic 
were  no  gain  to  the  master  in  whose  service  they  took  place.  Indeed,  Mr. 
Long  had  laid  it  down  in  his  history  of  Jamaica,  that  the  best  way  to  secure 
the  planters  from  ruin  would  be  to  do  that  which  the  resolution  recommended. 
It  was  notorious  that  when  any  planter  was  in  distress  and  sought  to  relieve 
himself  by  increasing  the  labor  on  his  estate  by  means  of  the  purchase  of  new 
slaves,  the  measure  invariably  tended  to  his  destruction.  What,  then,  was  the 
importation  of  fresh  Africans  but  a  system  tending  to  the  general  ruin  of  the 
islands  ? 

To  expose  the  impolicy  of  the  trade  further,  he  would  observe  that  it  was 
an  allowed  axiom,  that  as  the  condition  of  man  was  improved,  he  became  more 
useful.  The  history  of  our  own  country,  in  very  early  times,  exhibited  in 
stances  of  internal  slavery,  and  this  to  a  considerable  extent.  But  we  should 
find  that  precisely  in  proportion  as  that  slavery  was  ameliorated,  the  power 
and  prosperity  of  the  country  flourished.  This  was  exactly  applicable  to  the 
case  in  question.  There  could  be  no  general  amelioration  of  slavery  in  the 
West  Indies  while  the  slave-trade  lasted ;  but,  if  we  were  to  abolish  it,  we 
should  make  it  the  interest  of  every  owner  of  slaves  to  do  that  which  would 
improve  their  condition  ;  and  which,  indeed,  would  lead,  ultimately,  to  the  an 
nihilation  of  slavery  itself.  This  great  event,  however,  could  not  be  accom 
plished  at  once.  It  could  only  be  effected  in  a  course  of  time. 


OF  THE  AFRICAN  SLAVE  TRADE.  245 

It  would  be  endless,  he  said,  to  go  into  all  the  cases  which  would  manifest 
the  impolicy  of  this  odious  traffic.  Inhuman  as  it  was,  unjust  as  it  was,  he 
believed  it  to  be  equally  impolitic ;  and  if  their  lordships  should  be  of  this 
opinion  also,  he  hoped  they  would  agree  to  that  part  of  the  resolution  in  which 
these  truths  were  expressed.  With  respect  to  the  other  part  of  it,  or  that  they 
would  proceed  to  abolish  the  trade,  he  observed,  that  neither  the  time  nor  the 
manner  of  doing  it  were  specified.  Hence,  if  any  of  them  should  differ  as  to 
these  particulars,  they  might  yet  vote  for  the  resolution,  as  they  were  not 
pledged  to  anything  definite  in  these  respects,  provided  they  thought  that  the 
trade  should  be  abolished  at  some  time  or  other ;  and  he  did  not  believe  that 
there  was  any  one  of  them  who  would  sanction  its  continuance  forever. 

Lord  Havvkesbury  said  that  he  did  not  mean  to  discuss  the  question  on  the 
ground  of  justice  and  humanity,  as  contradistinguished  from  sound  policy.  If 
it  could  fairly  be  made  out  that  the  African  slave-trade  was  contrary  to  justice 
and  humanity,  it  ought  to  be  abolished.  It  did  not,  however,  follow  because 
a  great  evil  existed,  that  therefore  it  should  be  removed ;  for  it  might  be 
comparatively  a  less  evil  than  that  which  would  accompany  the  attempt  to  re 
move  it.  The  noble  lord  who  had  just  spoken,  had  exemplified  this;  for, 
though  slavery  was  a  great  evil  in  itself,  he  was  of  opinion  that  it  could  not  be 
done  away  but  in  a  course  of  time. 

The  Bishop  of  London  (Dr.  Porteus)  began  by  noticing  the  concession  of 
the  last  speaker,  namely,  that  if  the  trade  was  contrary  to  humanity  and  justice, 
it  ought  to  be  abolished.  He  expected,  he  said,  that  the  noble  lord  would 
have  proved  that  it  was  not  contrary  to  these  great  principles,  before  he  had 
eupported  its  continuance  ;  but  not  a  word  had  he  said  to  show  that  the  basis 
of  the  resolution  in  these  respects  was  false.  It  followed,  then,  he  thought, 
that  as  the  noble  lord  had  not  disproved  the  premises,  he  was  bound  to  abide 
by  the  conclusion. 

The  lord  chancellor  (Erskine)  confessed  that  he  was  not  satisfied  with  his 
own  conduct  on  this  subject.  He  acknowledged,  with  deep  contrition,  that 
during  the  time  he  was  a  member  of  the  other  house,  he  had  not  once  attended 
when  this  great  question  was  discussed. 

In  the  West  Indies  he  could  say  personally,  that  the  slaves  were  well  treated, 
where  he  had  an  opportunity  of  seeing  them.  But  no  judgment  was  to  be 
formed  there  with  respect  to  the  evils  complained  of.  They  must  be  appreci 
ated  as  they  existed  in  the  trade.  Of  these  he  had  also  been  an  eye-witness. 
It  was  on  this  account  that  he  felt  contrition  for  not  having  attended  the  house 
on  this  subject ;  for  there  were  some  cruelties  in  this  traffic  which  the  human 
imagination  could  not  aggravate.  He  had  witnessed  such  scenes  over  the 
whole  coast  of  Africa ;  and  he  could  say,  that  if  their  lordships  could  only 
have  a  sudden  glimpse  of  them,  they  would  be  struck  with  horror,  and  would 
be  astonished  that  they  could  ever  have  been  permitted  to  exist.  What,  then, 
would  they  say  to  their  continuance  year  after  year,  and  from  age  to  age? 

From  information  which  he  could  not  dispute,  he  was  warranted  in  saying 
that  on  this  continent  husbands  were  fraudulently  and  forcibly  severed  from 


246  HISTORY  OF  THE  ABOLITION 

their  wives,  and  parents  from  their  childran  ;  and  that  all  the  ties  of  blood  and 
affection  were  torn  up  by  the  roots.  He  had  himself  seen  the  unhappy  natives 
put  together  in  heaps  in  the  hold  of  a  ship,  where,  with  every  possible  atten 
tion  to  them,  their  situation  must  have  been  intolerable.  He  had  also  heard 
proved,  in  courts  of  justice,  facts  still  more  dreadful  than  those  which  he  had 
seen.  One  of  these  he  would  just  mention.  The  slaves  on  board  a  certain 
ship  rose  in  a  mass  to  liberate  themselves ;  and  having  advanced  far  in  the  pur 
suit  of  their  object,  it  became  necessary  to  repel  them  by  force.  Some  of  them 
yielded ;  some  of  them  were  killed  in  the  scuffle  ;  but  many  of  them  actually 
iumped  into  the  sea  and  were  drowned ;  thus  preferring  death  to  the  misery  of 
their  situation ;  while  others  hung  to  the  ship,  repenting  of  their  rashness,  and 
bewailing  with  frightful  noises  their  horrid  fate.  Thus  the  whole  vessel  exhib 
ited  but  one  hideous  scene  of  wretchedness.  They  who  were  subdued  and  se 
cured  in  chains  were  seized  with  the  flux,  which  carried  many  of  them  off. 
These  things  were  proved  in  a  trial  before  a  British  jury,  which  had  to  consider 
whether  this  was  a  loss  which  fell  within  the  policy  of  insurance,  the  slaves  be 
ing  regarded  as  if  they  had  been  only  a  cargo  of  dead  matter.  He  could  men 
tion  other  instances,  but  they  were  much  too  shocking  to  be  described.  Surely 
their  lordships  could  never  consider  such  a  traffic  to  be  consistent  with  human 
ity  or  justice.  It  was  impossible. 

That  the  trade  had  long  existed  there  was  no  doubt ;  but  this  was  no  ar 
gument  for  its  continuance.  Many  evils  of  much  longer  standing  had  been 
done  away  ;  and  it  was  always  our  duty  to  attempt  to  remove  them.  Should 
we  not  exult  in  the  consideration  that  we,  the  inhabitants  of  a  small  island,  at 
the  extremity  of  the  globe,  almost  at  its  north  pole,  were  become  the  morning- 
star  to  enlighten  the  nations  of  the  earth,  and  to  conduct  them  out  of  the  shades 
of  darkness  into  the  realms  of  light ;  thus  exhibiting  to  an  astonished  and  an 
admiring  world  the  blessings  of  a  free  constitution  ?  Let  us,  then,  not  allow 
such  a  glorious  opportunity  to  escape  us. 

It  had  been  urged  that  we  should  suffer  by  the  abolition  of  the  slave-trade. 
He  believed  we  should  not  suffer.  He  believed  that  our  duty  and  our  interest 
were  inseparable  :  and  he  had  no  difficulty  in  saying,  in  the  face  of  the  world, 
that  his  own  opinion  was  that  the  interests  of  a  nation  would  be  best  preserved 
by  its  adherence  to  the  principles  of  humanity,  justice,  and  religion. 

The  Earl  of  Westmoreland  said  that  the  African  slave-trade  might  be  con 
trary  to  humanity  and  justice,  and  yet  it  might  be  politic ;  at  least,  it  might 
be  inconsistent  with  humanity,  and  yet  be  not  inconsistent  with  justice :  this 
was  the  case  when  we  executed  a  criminal  or  engaged  in  war. 

Lord  Holland,  in  reply,  said  that  the  noble  earl  had  made  a  difference  be- 
ween  humanity,  justice,  and  sound  policy.  God  forbid  that  we  should  ever 
admit  such  distinctions  in  this  country  I  But  he  had  gone  further,  and  said 
that  a  thing  might  be  inhuman  and  yet  not  unjust ;  and  he  put  the  case  of  the 
execution  of  a  criminal  in  support  of  it.  Did  he  not  by  this  position  confound 
all  notions  of  right  and  wrong  in  human  institutions  ?  When  a  criminal  was 


OF  THE  AFRICAN  SLAVE  TRADE.  247 

justly  executed,  was  not  the  execution  justice  to  him  who  suffered  and  human 
ity  to  the  body  of  the  people  at  large  ? 

He  wished  most  heartily  for  the  total  abolition  of  the  trade.  He  was  con 
vinced  that  it  was  both  inhuman,  unjust,  and  impolitic.  This  had  always  been 
his  opinion  as  an  individual  since  he  was  capable  of  forming  one.  It  was  his 
opinion  then  as  a  legislator.  It  was  his  opinion  as  a  colonial  proprietor ;  and 
it  was  his  opinion  as  an  Englishman,  wishing  for  the  prosperity  of  the  British 
empire. 

The  Earl  of  Suffolk  contended  that  the  population  of  the  slaves  in  the  is 
lands  could  be  kept  up  by  good  treatment,  so  as  to  be  sufficient  for  their  culti 
vation.  He  entered  into  a  detail  of  calculations  from  the  year  1772  down 
wards  in  support  of  this  statement.  He  believed  all  the  miseries  of  St.  Do 
mingo  arose  from  the  vast  importation  of  Africans.  He  had  such  a  deep  sense 
of  the  inhumanity  and  injustice  of  the  slave-trade,  that  if  he  ever  wished  any 
action  of  his  life  to  be  recorded,  it  would  be  that  of  the  vote  he  should  then 
give  in  support  of  the  resolution. 

Lord  Sidmouth  said  that  he  agreed  to  the  substance  of  the  resolution,  but 
yet  he  could  not  support  it.  Could  he  be  convinced  that  the  trade  would  be 
injurious  to  the  cause  of  humanity  and  justice,  the  question  with  him  would 
be  decided  ;  for  policy  could  not  be  opposed  to  humanity  and  justice.  He  had 
been  of  the  opinion  for  the  last  twenty  years  that  the  interests  of  the  country 
and  those  of  numerous  individuals  were  so  deeply  blended  with  this  traffic  that 
we  should  be  very  cautious  how  we  proceeded.  With  respect  to  the  cultiva 
tion  of  new  lands,  he  would  not  allow  a  single  negro  to  be  imported  for  such 
a  purpose  ;  but  he  must  have  a  regard  for  the  old  plantations.  When  he  found 
a  sufficient  increase  in  the  black  population  to  continue  the  cultivation  already 
established  there,  then,  but  not  till  then,  he  would  agree  to  an  abolition  of  the 
trade. 

Earl  Stanhope  said  he  would  not  detain  their  lordships  long.  He  could  not, 
however,  help  expressing  his  astonishment  at  what  had  fallen  from  the  last 
speaker  ;  for  he  had  evidently  conlessed  that  the  slave-trade  was  inhuman  and 
unjust,  and  then  he  had  insinuated  that  it  was  neither  inhuman  nor  unjust  to 
continue  it.  A  more  paradoxical  or  whimsical  opinion,  he  believed,  was  never 
entertained,  or  more  whimsically  expressed  in  that  house.  The  noble  viscount 
had  talked  of  the  interests  of  the  planters  ;  but  this  was  but  a  part  of  the  sub 
ject,  for  surely  the  people  of  Africa  were  not  to  be  forgotten.  He  did  not 
understand  the  practice  of  complimenting  the  planters  with  the  lives  of  men, 
women,  and  helpless  children  by  thousands  for  the  sake  of  their  pecuniary  ad 
vantage  ;  and  they  who  adopted  it,  whatever  they  might  think  of  the  consis 
tency  of  their  own  conduct,  offered  an  insult  to  the  sacred  names  of  humanity 
and  justice. 

Earl  Grosvenor  could  not  but  express  the  joy  he  felt  at  the  hope,  after  all 
his  disappointments,  that  this  wicked  trade  would  be  done  away.  He  hoped 
that  his  majesty's  ministers  were  in  earnest,  and  that  they  would,  early  in  the 
next  session,  take  this  great  question  up  with  a  determination  to  go  through 


248  HISTOEY  OF  THE  ABOLITION 

with  it ;  so  that  another  year  should  not  pass  before  we  extended  the  justice 
and  humanity  of  the  country  to  the  helpless  and  unhappy  inhabitants  of  Africa. 

Earl  Fitzwilliam  said  he  was  fearful  lest  the  calamities  of  St.  Domingo 
should  be  brought  home  to  our  own  islands.  We  ought  not,  he  thought,  too 
hastily  to  adopt  the  resolution  on  that  account.  He  should  therefore  support 
the  previous  question. 

Lord  Ellenborough  said  he  was  sorry  to  differ  from  his  noble  friend,  (lord 
Sidmouth,)  and  yet  he  could  not  help  saying  that  if  after  twenty  years,  during 
which  this  question  had  been  discussed  by  both  houses  of  parliament,  their 
lordships'  judgments  were  not  ripe  for  its  determination,  he  could  not  look  with 
any  confidence  to  a  time  when  they  would  be  ready  to  decide  it. 

The  question  then  before  them  was  short  and  plain.  It  was,  whether  the 
African  slave-trade  was  inhuman,  unjust,  and  impolitic.  If  the  premises  were 
true,  we  could  not  too  speedily  bring  it  to  a  conclusiou. 

Earl  Spencer  agreed  with  the  noble  viscount  (Sidmouth)  that  the  ameliora 
tion  of  the  condition  of  the  slaves  was  an  object  which  might  be  effected  in  the 
West  Indies ;  but  he  was  certain  that  the  most  effectual  way  of  improving  it 
would  be  by  the  total  and  immediate  abolition  of  the  slave-trade  ;  and  for  that 
reason  he  would  support  the  resolution.  Had  the  resolution  held  out  emanci 
pation  to  them,  it  would  not  have  had  his  assent ;  for  it  would  have  ill  become 
the  character  of  this  country,  if  it  had  been  once  promised,  to  have  withheld 
it  from  them.  It  was  to  such  deception  that  the  horrors  of  St.  Domingo  were 
to  be  attributed.  He  would  not  enter  into  the  discussion  of  the  general  sub 
ject  at  present.  He  was  convinced  that  the  trade  was  what  the  resolution 
stated  it  to  be,  inhuman,  unjust,  and  impolitic.  He  wished,  therefore,  most 
earnestly  indeed,  for  its  abolition.  As  to  the  mode  of  effecting  it,  it  should  be 
such  as  would  be  attended  with  the  least  inconvenience  to  all  parties.  At  the 
same  time  he  would  not  allow  small  inconveniences  to  stand  in  the  way  of  the 
great  claims  of  humanity,  justice,  and  religion. 

The  resolution  and  address  were  both  carried  by  a  majority  of  41  to  20. 
After  this  a  belief  was  generally  prevalent  that  the  slave-trade  would  fall  at 
the  next  session ;  but  for  fear  that  it  should  be  carried  on  in  the  interior,  being 
as  it  were  the  last  harvest  of  the  merchants,  to  a  tenfold  extent,  and  with  ten 
fold  murder  and  desolation,  a  law  was  passed  that  no  new  vessel  should  be 
permitted  to  go  to  the  coast  of  Africa  for  slaves.  In  the  month  of  October 
after  these  victories,  died  Charles  James  Fox,  one  of  the  noblest  champions  of 
this  noble  cause.  He  had  lived  to  put  it  in  a  train  for  final  triumph — this 
triumph  he  enjoyed  in  anticipation — the  prospect  of  it  soothed  his  pains  and 
cheered  his  spirit  in  the  hours  of  his  last  sickness.  The  hope  of  it  quivered 
on  his  lips  in  the  hour  of  dissolution. 

The  contest  was  renewed  in  January,  1801.  Lord  Grenville  brought  the 
question  first  before  the  house  of  lords  in  the  shape  of  a  bill,  which  he  called 
"An  act  for  the  abolition  of  the  the  slave-trade."  On  the  4th  four -counsel 
were  heard  against  it.  On  the  5th  the  debate  commenced.  The  bill  was  car 
ried  at  4  o'clock  in  the  morning  by  a  vote  of  100  to  36.  On  the  10th  of  Feb- 


OF  THE  AIRICAN  SLAVE  TRADE. 

ruary  it  went  to  the  commons.  On  the  20th  counsel  were  heard  against  it.  On 
the  23d  a  debate  ensued;  and  it  was  finally  carried  by  the  vast  majority  of  283 
to  16.  On  the  6th  of  March  the  blanks  were  filled  up.  It  provided  that  no 
vessel  should  clear  out  for  slaves  from  any  port  in  the  British  dominions  after 
May  1,  1807,  and  that  no  slave  should  be  landed  in  the  British  colonies  after 
March  1,  1808.  The  bill  was  sent  back  to  the  lords,  with  the  blanks  filled  up ; 
and  in  consequence  of  various  amendments,  it  passed  and  repassed  from  one 
house  to  the  other.  On  the  24th  it  passed  both  houses,  and  on  the  25th  it  re 
ceived  the  royal  assent. 

Thus  passed,  after  twenty  years'  hard  struggle,  during  which  the  field  had 
been  disputed  inch  by  inch,  this  "rnagna  charta  for  Africa  in  Britain."  The 
news  of  the  event  was  received  with  demonstrations  of  joy  throughout  the 
kingdom,  and  this  joy  was  heightened  by  authentic  news  from  the  United 
States  that  a  similar  law  had  been  passed  by  congress. 

At  first  the  only  punishment  for  continuing  the  traffic,  now  declared  illegal, 
was  a  penalty  in  money ;  but  this  was  found  so  utterly  insufficient,  that  in 
1811  an  act  was  carried  by  Lord  Brougham,  making  slave-dealing  felony,  pun 
ishable  by  transportation  for  fourteen  years,  or  imprisonment  with  hard  labor. 
Even  this  was  found  inadequate,  and  in  1824  the  slave-trade  was  declared  to 
be  piracy,  and  the  punishment  death.  In  1837,  when  the  number  of  capital 
offenses  was  diminished,  the  punishment  was  changed  to  transportation  for  life. 

On  the  28th  of  August,  1833,  ENGLAND  ABOLISHED  SLAVERY  THROUGHOUT 
THE  BRITISH  COLONIES,  (3  and  4  William  IV.)  and  £20,000,000  were  granted 
by  parliament  as  indemnification  to  the  slave  proprietors  and  other  pecuniary 
sufferers  by  the  act.  By  this  act  770,280  slaves  became  free. 

Although  the  United  States  have  never  relieved  themselves  from  the  burden 
of  slavery,  they  were  the  first  to  prohibit  the  prosecution  of  the  slave-trade. 
In  the  year  1794,  it  was  enacted  that  no  person  in  the  United  States  should 
fit  out  any  vessel  there  for  the  purpose  of  carrying  on  any  traffic  in  slaves  to 
any  foreign  country,  or  for  procuring  from  any  foreign  country  the  inhabitants 
thereof,  to  be  disposed  of  as  slaves.  In  1800  it  was  enacted  that  it  should  be 
unlawful  for  any  citizen  of  the  United  States  to  have  any  property  in  any  ves 
sel  employed  in  transporting  slaves  from  one  foreign  country  to  another,  or  to 
serve  on  board  any  vessel  so  employed.  Any  of  the  commissioned  vessels  of 
the  United  States  were  authorized  to  seize  and  take  any  vessel  employed  in  the 
slave-trade,  to  be  proceeded  against  in  any  of  the  circuit  or  district  courts,  and 
to  be  condemned  for  the  use  of  the  officers  and  crew  of  the  vessel  making  the 
capture.  In  1807,  it  was  enacted,  that  after  the  first  of  January,  1808,  it 
should  not  be  lawful  to  bring  into  the  United  States,  or  the  territories  thereof, 
from  any  foreign  place,  any  negro,  mulatto,  or  person  of  color,  with  intent  to 
hold  or  sell  him  as  a  slave;  and  heavy  penalties  are  imposed  on  the  violators 
of  these  acts,  and  others  of  similar  import.  In  1820,  it  was  enacted,  that  if 
any  citizen  of  the  United  States,  belonging  to  the  company  of  any  foreign 
vessel  engaged  in  the  slave-trade,  or  any  person  whatever  belonging  to  the 
company  of  any  vessel,  owned  in  whole  or  in  part  by,  or  navigated  for  any 


250  SLAVE-TRADE  ABOLISHED. 

citizen  of  the  United  States,  should  land  on  any  foreign  shore,  to  seize  any 
uegro,  or  mulatto,  not  held  to  service  by  the  laws  of  either  of  the  states  or  ter 
ritories  of  the  United  States,  with  intent  to  make  him  a  sluve,  or  should  decoy 
or  forcibly  carry  off  such  negro,  or  mulatto,  or  receive  him  ou  board  any  such 
vessel,  with  the  intent  aforesaid,  he  should  be  adjudged  a  pirate,  and,  on  con 
viction,  should  suffer  death.  The  same  penalty  was  extended  to  those  of  the 
ship's  company  who  should  aid  in  confining  such  negro,  or  mulatto,  on  board 
of  such  vessel,  or  transfer  him,  on  the  sea  or  tide-water,  to  any  other  ship  or 
vessel,  or  land  him,  with  intent  to  sell,  or  having  previously  sold  him. 

In  Denmark,  king  Christian  VII. ,  in  1794,  declared  the  slave-trade  unlawful 
after  January  1,  1804 ;  and  Frederic  VI.  promised,  at  the  peace  of  Tilsit,  to 
prohibit  his  subjects  from  taking  pare  in  the  foreign  slave-trade.  In  France, 
Napoleon,  when  first  consul,  promised  the  continuance  of  their  liberty  to  the 
inhabitants  of  St.  Domingo,  whilst  he  praised  the  inhabitants  of  Isle  de  France 
for  not  having  freed  their  slaves,  and  promised  that  France  would  never  again 
decree  the  slavery  of  the  whites  by  the  liberation  of  the  negroes.  After  the 
successes  of  the  French  on  St.  Domingo,  the  slave-trade  was  once  more  estab 
lished.  In  1814,  Lord  Castlereagh  obtained  from  Louis  XVIII.  a  promise 
that  France  would  abolish  the  slave-trade ;  but,  by  the  influence  of  the  cham 
ber  of  commerce  at  Nantes,  this  traffic  was  permitted  for  five  years  more. 
Public  opinion  obliged  Lord  Castlereagh  to  press  upon  the  congress  of  Vienna 
the  adoption  of  general  measures  for  the  abolition  of  the  slave-trade  ;  but  all 
that  he  could  effect  was  that  Spain  and  Portugal  promised  to  give  up  the  slave- 
trade  north  of  the  line. — See  the  treaty  between  England  and  Portugal,  Vi 
enna,  January  22, 1815.  But  a  paper  was  drawn  up  and  signed  by  Castlereagh, 
Stewart,  Wellington,  Nesselrqde,  Lowenhielm,  Gomez  Labrador,  Palmella, 
Saldanha,  Lobo,  Humboldt,  Metternich  and  Talleyrand,  (Vienna,  February  8, 
1815,)  stating  that  the  great  powers  would  make  arrangements  to  fix  a  term 
for  the  general  abolition  of  the  slave-trade,  since  public  opinion  condemned  it 
as  a  stain  on  European  civilization.  February  6,  1815,  Portugal  provided  for 
the  total  abolition  of  the  slave-trade  on  January  21,  1823,  and  England  prom 
ised  to  pay  £300,000  as  an  indemnification  to  Portuguese  subjects.  Louis 
XVIII.,  by  the  treaty  of  Paris,  November  20,  1815,  consented  to  its  immedi 
ate  abolition,  for  which  Napoleon  had  declared  himself  prepared,  in  April, 
1815.  Spain  promised,  by  the  treaty  of  September  30,  1817,  to  abolish  the 
slave-trade  entirely,  October  31,  1820,  in  all  the  Spanish  territories,  even 
south  of  the  line;  and  England,  February  9,  1818,  paid  £400,000  as  an  in 
demnification  to  Spanish  subjects.  The  king  of  the  Netherlands  prohibited 
his  subjects  from  taking  part  in  the  slave-trade  after  the  provisions  of  the 
treaty  of  August  13,  1814,  had  been  rendered  more  precise  and  extensive  by 
the  treaty  concluded  with  England,  at  the  Hague,  May  4,  1818.  Sweden  had 
already  done  the  same,  according  to  the  treaty  of  March  3,  1813.  The  United 
States  engaged,  in  the  treaty  of  Ghent,  December  24,  1814,  to  do  all  in  their 
power  for  the  entire  suppression  of  the  slave-trade.  November  23,  1826,  » 


SLAVERY  ABOLISHED  IN  MEXICO.  251 

treaty  was  concluded  by  England  with  Brazil,  for  the  abolition  of  the  slave- 
trade,  and  it  was  accordingly  prohibited  after  March,  1830. 

The  emperor  of  Austria  issued  a  decree  utterly  abolishing  slavery  through 
out  the  Austrian  dominions.  "Every  man,"  said  his  imperial  majesty,  ''by 
the  right  of  nature,  sanctioned  by  reason,  must  be  considered  a  free  person," 
Every  slave  becomes  free  the  moment  he  touches  the  Austrian  soil,  or  even  an 
Austrian  ship. 

The  rising  republics  of  South  America  took  a  stand  against  slavery  and  the 
slave-trade.  One  of  the  first  acts  of  the  constitutional  assembly  of  Guate 
mala  was  the  abolition  of  slavery.  The  13th  article  of  their  constitution  de 
clared  every  man  in  the  republic  free ;  that  no  one  who  took  refuge  under  its 
laws  should  be  a  slave ;  and  that  no  one  should  be  accounted  a  citizen  who  was 
engaged  in  the  slave-trade. 

In  1829,  Guerrero,  the  President  of  Mexico,  issued  the  following  decree : 

"  Desiring  to  signalize  the  year  1829,  the  anniversary  of  our  independence, 
by  an  act  of  national  justice  and  beneficence  that  may  turn  to  the  benefit  and 
support  of  such  a  valuable  good ;  that  may  consolidate  more  and  more  public 
tranquility ;  that  may  cooperate  to  the  aggrandizement  of  the  republic,  and 
return  to  an  unfortunate  portion  of  its  inhabitants  those  rights  which  they  hold 
from  nature,  and  that  the  people  protect  by  wise  and  equitable  laws,  in  con 
formity  with  the  30th  article  of  the  constitutive  act, 

"  Making  use  of  the  extraordinary  faculties  which  have  been  granted  to  the 
executive,  I  thus  decree  : 

"  1st.  Slavery  is  forever  abolished  in  the  republic. 

"  2d.  Consequently  all  those  individuals  who  until  this  day  looked  upon 
themselves  as  slaves,  are  free. 

"  3d.  When  the  financial  situation  of  the  republic  admits,  the  proprietors  of 
slaves  shall  be  indemnified,  and  the  indemnification  regulated  by  a  law. 

"  And  in  order  that  the  present  decree  may  have  its  full  and  entire  execu 
tion,  I  order  it  to  be  printed,  published  and  circulated  to  all  those  whose  obli 
gation  it  is  to  have  it  fulfilled. 

"  Given  in  the  federal  palace  of  Mexico,  on  the  15th  of  September,  1829." 

In  Colombia,  slave  children  born  after  the  revolution  were  to  be  free  at 
eighteen.  In  South  America,  except  Brazil,  slavery  is  either  abolished  or 
drawing  to  a  close. 

The  action  of  the  United  States  government  in  abolishing  the  slave-trade, 
and  its  efforts  to  suppress  the  illegal  traffic,  are  referred  to  in  subsequent  chap 
ters.  The  treaties  and  conventions  of  England  with  foreign  nations  for  the 
suppression  of  the  slave-trade  will  also  be  found  in  another  part  of  the  vol 
ume.  The  practical  results  of  all  these  labors  are  exhibited  in  the  chapters  re 
lating  to  the  slave-trade  after  its  nominal  abolition. 


- 


252  SLAVERY  IN  ST.  DOMINGO. 

sk£t   fiU&fejMii-  x  '    • 

CHAPTER    XVI. 
INDIAN  AND  AFRICAN  SLAVERY  IN  ST.  DOMINGO.  —  THE  INSURRECTIONS. 

Discovery  and  settlement  of  the  island  by  the  Spaniards.  —  The  natives  reduced  to  slavery. 
Cruelty  of  the  Spaniards  towards  them.  —  Great  mortality  in  consequence.  —  Their 
numbers  replenished  from  the  Bahamas.  —  The  Dominicans  become  interested  for  them. 
Las  Casas  appeals  to  Cardinal  Ximines,  who  sends  commissioners.  —  They  set  the 
natives  at  liberty.  —  The  colonists  remonstrate  against  the  measure,  and  the  Indians 
again  reduced  to  slavery.  —  Las  Casas  seeks  a  remedy.  —  The  Emperor  allows  the  intro 
duction  of  Africans.  —  Guinea  slave-trade  established.  —  The  buccaneers.  —  The  French 
Colony.  —  Its  condition  in  1789.  —  Enormous  slave-population.  —  The  Mulattoes.  —  The 
French  Revolution  —  its  effect  on  the  Colonists.  —  First  Insurrection  —  terrible  execution 
of  the  leaders.  —  Second  Insurrection  —  massacre  and  conflagration  —  unparallelled  hor 
rors.  —  Burning  Port  au  Prince.  —  L'Ouverture  appears,  the  spirit  and  ruler  of  the 
storm.  —  French  expedition  of  25,000  men  sent  to  suppress  the  Insurrection.  —  Toussaint 
sent  prisoner  to  France  —  dies  in  prison.  —  The  slaves  establish  their  freedom.  —  Inde 
pendence  of  Hayti  acknowledged  by  France. 


H: 


.ISPANIOLA,  St.  Domingo,  or  Hayti,  is  not  only  one  of  the  largest  but 
also  one  of  the  most  beautiful  and  productive  of  the  West  India  islands.  It 
is  390  miles  long,  its  breadth  is  from  60  to  150  miles,  and  its  scenery  is 
diversified  by  lofty  mountains,  deep  valleys  and  extensive  plains,  or  savannas, 
dotted  with  the  luxuriant  vegetation  of  a  tropical  climate.  The  sea  sweeps 
boldly  into  the  land,  here  and  there  forming  commodious  harbors  and  extensive 
bays.  The  air  on  the  plains  is  warm  and  laden  with  the  perfume  of  flowers ; 
and  the  sudden  changes  from  drouth  to  rain,  though  trying  to  an  unacclimated 
constitution,  are  favorable  to  the  growth  of  the  rich  products  of  the  soil. 

Columbus  and  his  successors  having  founded  a  settlement  on  the  island,  it 
became  one  of  the  Spanish  colonial  possessions,  to  the  great  misfortune  of  the 
unhappy  natives,  who  were  almost  annihilated  by  the  labor  which  the  colonists 
imposed  upon  them.  They  soon  dwindled  away  to  a  mere  remnant.  Of  a 
population  of  a  million  found  on  the  island  by  Columbus,  scarcely  twenty-four 
thousand  remained  at  the  time  of  the  governorship  of  the  island  by  his  son, 
Don  Diego  Columbus,  and  these  were  fast  sinking  into  the  grave  under  the  de 
structive  influence  of  cruelty  and  hardship.  In  this  emergeney  expeditions 
were  fitted  out  to  the  Bahama  islands  in  order  to  decoy  from  their  homes  the 
gentle  and  confiding  race  which  inhabited  them,  to  be  sold  as  slaves  in  His- 
paniola.  They  were  but  too  successful.  Availing  themselves  of  the  fond  su 
perstition  of  the  natives,  that  the  departed  spirits  of  their  friends,  after  an 
expiation  of  their  sins  by  a  purgatory  of  cold  in  the  mountains  of  the  north, 
passed  to  more  sunny  realms,  under  a  more  tropical  sky,  where  they  enjoyed 
an  indolent  paradise  forever,  the  crafty  Spaniards  alleged  that  they  came  from 
this  land  of  their  departed  relatives,  and  invited  them  to  go  thither  and  rejoin 
them.*  The  simple  Indians  trusted  to  the  tale  and  went  to  inevitable  and 
deadly  servitude.  Like  their  predecessors  of  Hispaniola,  they  died  at  their 


*Peter  Martyr. 


THE  REVOLUTIONS.     .  253 

tasks,  or  in  despair  put  an  end  to  their  own  existence,  while  new  cargoes  of 
their  race  were  arriving  daily  to  the  same  wretchedness  and  death. 

To  the  honor  of  the  ecclesiastics  of  the  colony,  their  exertions  were  unre- 
mitted  to  ameliorate  the  condition  and  retard  the  ultimate  fate  of  the  natives. 
Of  the  two  orders  of  clergy  to  whom  the  spiritual  interests  of  the  colony  had 
been  committed,  the  Dominicans  had  ever  manifested  a  zeal  and  unyielding 
ardor  that  left  their  brethren,  the  Franciscans,  far  behind.  In  the  ranks  of  the 
former  was  Las  Casas,  the  celebrated  bishop  of  Chiapa.  To  save  the  inter 
esting  and  gentle  race  of  natives  from  the  destructiveness  of  slavery,  was  with 
him  more  than  a  passion — it  seemed  the  ruling  and  guiding  principle  of  his 
soul.  In  consequence  of  his  pious  appeals  to  Cardinal  Ximines,  the  regent  of 
Spain,  three  commissioners  were  sent  out  with  full  powers  to  adjust  the  condi 
tion  of  the  Indians.  There  were  two  parties  in  the  colony.  The  Dominicans, 
acting  in  accordance  with  what  they  esteemed  a  law  of  Heaven,  denounced  the 
right  and  impugned  the  justice  of  enslaving  the  Indians.  The  interested  col 
onists,  and  the  Franciscans,  who  were  for  a  modified  servitude,  sustained  them 
selves  against  their  opponents  on  grounds  of  expediency  and  the  right  of  con 
quest.  To  the  deputation  appointed  by  Cardinal  Ximines  were  added  a  law 
yer  of  distinguished  probity,  whose  name  was  Zuazo,  and  Las  Casas,  upon 
whom  had  been  conferred  the  title  of  Protector  of  the  Indians.  The  first  act 
of  the  commissioners  was  to  set  at  liberty  all  the  Indians  that  had  been  granted 
to  the  Spanish  courtiers,  or  to  any  person  not  residing  in  the  island. 

This  achievement  of  the  commissioners  spread  anger  and  consternation 
among  the  colonists.  The  Spaniards  were  exasperated  or  discouraged.  The 
lands  could  not  be  cultivated  without  laborers,  and  panic,  discontent  and  dis 
couragement  were  general.  The  commissioners  soon  began  to  doubt  the  solidi 
ty  of  their  policy,  and  yielded  to  the  storm  of  passion  that  was  beating  on 
them.  The  subject  was  maturely  reconsidered,  and  the  question  and  the  colony 
set  at  rest  by  the  final  decision  of  the  commissioners,  that  the  state  of  the 
colony  rendered  the  slavery  of  the  Indians  necessary. 

The  enthusiastic  philanthropy  of  Las  Casas  had  not  been  turned  from  its 
object  by  the  decision  of  the  commissioners.  Not  discouraged  at  the  obstacles 
he  had  to  encounter,  he  now  ranged  his  eye  through  the  whole  horizon  of  pos 
sibilities  to  seek  in  some  quarter  for  a  gleam  of  hope  to  illumine  the  dark 
destiny  of  that  unhappy  people  which  occupied  all  his  sympathies.  A  small 
number  of  a  hardier  race,  the  negroes  of  Guinea,  had  been  imported  into  the 
island.  They  were  found  stronger  than  the  Indians,  and  more  capable  of  en 
during  labor  under  the  burning  heats  of  the  climate ;  so  much  so,  that  it  was 
computed  that  the  labor  of  one  negro  was  worth  that  of  four  Indians.  "  The 
Africans,"  says  Herrera,  "prospered  so  much  in  the  colony,  that  it  was  the 
opinion  that  unless  a  negro  should  happen  to  be  hung  he  would  never  die,  for 
as  yet  none  had  been  known  to  perish  from  infirmity."  Las  Casas  proposed 
the  substitution  of  African  for  Indian  laborers  in  the  new  world.  His  repre 
sentations  were  listened  to  with  a  favorable  ear  by  the  emperor,  and  a  patent 
was  granted  allowing  the  introduction  of  four  thousand  negroes  into  Hispaniola 


254  SLAVERY  IN  ST.  DOMINGO. 

and  a  regular  traffic  between  the  Guinea  coast  and  the  colony  was  soon  estab 
lished.* 

This  statement,  however,  has  been  contradicted  by  the  abbe"  Gre"goire,  in  his 
Apologie  de  B.  de  Las  Casas,  in  the  memoirs  of  the  French  institute  ;  also 
by  the  writer  of  the  article  Casas,  in  the  Biographic  Universelle,  after  an  ex 
amination  of  ail  the  Spanish  and  Portuguese  historians  of  that  period.  This 
charge,  he  says,  rests  solely  on  the  authority  of  Herrera,  an  elegant  but  inac 
curate  writer.  "  Negro  slavery,"  says  another  writer,  "  was  a  device  struck 
out  in  a  bold  and  unconscieiitious  age  to  meet  a  great  emergency, — the  age  of 
Cortes  and  Pizarro."  But  by  it  an  evil  of  fearful  magnitude  has  been  entailed 
upon  our  hemisphere. 

The  true  sources  of  wealth  iu  the  island  were  now  ascertained,  not  to  con 
sist  in  digging  for  gold  among  the  barren  mountains,  but  in  cultivating  the 
rich  soil  of  the  plains.  The  sugar-cane  was  introduced  and  extensively  culti 
vated.  In  the  hard  labor  necessary  in  rearing  and  manipulating  it,  the  hardi 
ness  of  the  negro  was  shown  infinitely  superior  to  the  fragile  Indian.  Planta 
tion  after  plantation  was  brought  under  cultivation,  and  yielded  a  handsome 
profit.  Both  Indians  and  negroes  were  tasked  beyond  all  reasonable  bounds, 
and  the  consequence  was  that  the  former  died  and  the  latter  rebelled. 

As  Spain,  however,  extended  her  conquests  on  the  main  land,  the  import 
ance  of  Hispauiola  as  a  colony  began  to  decline  ;  and  at  the  beginning  of  the 
seventeenth  century  the  island  had  become  nearly  a  desert,  the  natives  having 
been  all  but  extirpated,  and  the  Spanish  residents  being  few,  and  congregated 
in  several  widely-separated  stations  round  the  coast.  At  this  time  the  West 
Indian  seas  swarmed  with  buccaneers,  adventurers  without  homes,  families,  or 
country,  the  refuse  of  all  nations  and  climes.  These  men,  the  majority  of  whom 
were  French,  English,  and  Dutch,  being  prevented  by  the  Spaniards  from  hold 
ing  any  permanent  settlement  in  the  new  world,  banded  together  in  self-defense, 
and  roved  the  seas  in  quest  of  subsistence,  seizing  vessels,  and  occasionally 
landing  on  the  coast  of  one  of  the  Spanish  possessions,  and  committing  terri 
ble  ravages.  A  party  of  these  buccaneers  had,  about  the  year  1629,  occupied 
the  small  island  of  Tortuga,  on  the  northwest  coast  of  St.  Domingo.  From 
this  island  they  used  to  make  frequent  incursions  into  St.  Domingo, 
for  the  purpose  of  hunting;  the  forests  of  that  island  abounding  with 
wild  cattle,  horses  and  swine,  the  progeny  of  the  tame  animals  which  the  Span 
iards  had  introduced  into  the  island.  At  length,  after  various  struggles  with 
the  Spanish  occupants,  these  adventurers  made  good  their  footing  in  the  island 
of  St.  Domingo,  drove  the  Spaniards  to  its  eastern  extremity,  and  became 
masters  of  its  western  parts.  As  most  of  them  were  of  French  origin,  they 
were  desirous  of  placing  themselves  under  the  protection  of  France ;  and 
Louis  XIY.  and  his  government  being  flattered  with  the  prospect  of  thus  ac 
quiring  a  rich  possession  in  the  new  world,  a  friendly  intercourse  between 

*Brown's  History  St.  Domingo. 


I 


THE   KEVOLUTIONS.  255 

France  and  St.  Domingo  began,  and  the  western  part  of  the  island  assumed 
the  character  of  a  flourishing  French  colony,  while  the  Spanish  colony  in  the 
other  end  of  the  island  correspondingly  declined. 

From  1776  to  1789,  the  French  colony  was  at  the  height  of  its  prosperity. 
To  use  the  words  of  a  French  historian,  every  thing  had  received  a  prodigious 
improvement.  The  torrents  had  been  arrested  in  their  course,  the  marshes 
drained,  the  forests  cleared ;  the  soil  had  been  enriched  with  foreign  plants ; 
roads  had  been  opened  across  the  asperities  of  the  mountains ;  safe  pathways 
had  been  constructed  over  chasms ;  bridges  had  been  built  over  rivers  which 
had  formerly  been  passed  with  danger  by  means  of  ox-skin  boats  ;  the  winds, 
the  tides,  the  currents  had  been  studied,  so  as  to  secure  to  ships  safe  sailing 
and  convenient  harborage.  Yillas  of  pretty  but  simple  architecture  had  risen 
along  the  borders  of  the  sea,  while  mansions  of  greater  magnificence  embel 
lished  the  interior.  Public  buildings,  hospitals,  acqueducts,  fountains,  and 
baths  rendered  life  agreeable  and  healthy ;  all  the  comforts  of  the  old  world 
had  been  transported  into  the  new.  In  1789  the  population  of  the  colony  was 
665,000 ;  and  of  its  staple  products,  it  exported  in  that  year  68,000,000 
pounds  of  coffee,  and  163,000,000  pounds  of  sugar.  The  French  had  some 
reason  to  be  proud  of  St.  Domingo  ;  it  was  their  best  colony,  and  it  promised, 
as  they  thought,  to  remain  for  ages  in  their  possession.  Many  French  families 
of  note  had  emigrated  to  the  island,  and  settled  in  it  as  planters ;  and  both  by 
means  of  commerce  and  the  passing  to  and  fro  of  families,  a  constant  inter 
course  was  maintained  between  the  colony  and  the  mother  country. 

Circumstances  eventually  proved  that  the  expectation  of  keeping  permanent 
possession  of  St.  Domingo  was  likely  to  be  fallacious.  The  constitution  of 
society  was  unsound.  In  this,  as  in  all  the  European  colonies  in  the  new 
world,  negro  slavery  prevailed.  To  supply  the  demand  for  labor,  an  importa 
tion  of  slaves  from  Africa  had  been  going  on  for  some  time  at  the  rate  of 
about  20,000  a  year ;  and  thus,  at  the  time  at  which  we  are  now  arrived,  there 
was  a  black  population  of  between  500,000  and  600,000.  These  negroes  con 
stituted  aii  overwhelming  majority  of  the  inhabitants  of  the  colony,  for  the 
whites  did  not  amount  to  more  than  40,000.  But  besides  the  whites  and  the 
negroes,  there  was  a  third  class  in  the  population,  arising  from  the  intermix-, 
ture  of  the  white  and  negro  races.  These  were  the  people  of  color,  includ 
ing  persons  of  all  varieties  of  hue,  from  the  perfect  sable  of  the  freed  negro, 
to  the  most  delicate  tinge  marking  remote  negro  ancestry  in  a  white  man.  Of 
these  various  classes  of  mulattoes,  at  the  time  of  which  we  are  now  speaking, 
there  were  about  30,000  in  the  colony. 

Although  perhaps  less  cruelly  treated  than  others  in  a  state  of  hopeless  ser 
vitude,  the  negroes  of  St.  Domingo  were  not  exempt  from  the  miseries  which 
usually  accompany  slavery ;  yet  they  were  not  so  ignorant  as  not  to  know  their 
rights  as  members  of  the  human  family.  Receiving  occasional  instruction  in 
the  doctrines  of  Christianity,  and  allowed  by  their  masters  to  enjoy  the  holi 
days  of  the  church,  they  were  accustomed  to  ponder  on  the  principles  thus 
presented  to  their  notice,  r.:id  these  they  perceived  were  at  variance  with  their 


2t>6  SLAVERY  IN  ST.  DOMINGO. 

condition.  This  dawning  of  intelligence  among  the  negroes  caused  no  alarm 
to  the  planters  generally.  The  French  have  always  been  noted  for  making  the 
kindest  slave-owners.  Imitating  the  conduct  of  many  of  the  old  nobility  of 
France  in  their  intercourse  with  the  peasantry,  a  number  of  the  planters  of  St. 
Domingo  were  attentive  to  the  wants  and  feelings  of  their  negro  dependents — 
tmcouraging  their  sports,  taking  care  of  them  in  sickness,  and  cherishing  them 
in  old  age.  In  the  year  1685,  likewise,  Louis  XIV.  had  published  a  code 
noir,  or  black  code,  containing  a  number  of  regulations  for  the  humane  treat 
ment  of  the  negroes  in  the  colonies.  Still,  there  were  miseries  inseparable 
from  the  system,  and  which  could  not  be  mitigated ;  and  in  St.  Domingo,  as 
in  all  other  colonies  of  the  new  world,  slavery  was  maintained  by  the  cruelties 
of  the  whip  and  the  branding-iron.  It  was  only,  we  may  easily  suppose,  by  a 
judicious  blending  of  kindness  and  severity,  that  a  population  of  upwards  of 
500,000  negroes  could  be  kept  in  subjection  by  40,000  whites. 

The  condition  of  the  mulatto  population  deserves  particular  attention. 
Although  nominally  free,  and  belonging  to  no  individual  master,  these  rnulat- 
toes  occupied  a  very  degraded  social  position.  Regarded  as  public  property, 
they  were  obliged  to  serve  in  the  colonial  militia  without  any  pay.  They 
could  hold  no  public  trust  or  employment,  nor  fill  any  of  the  liberal  profess- 
sions — law,  medicine,  divinity,  &c.  They  were  not  allowed  to  sit  at  table 
with  a  white,  to  occupy  the  same  place  at  church,  to  bear  the  same  name,  or 
to  be  buried  in  the  same  spot.  Offenses  which  in  a  white  man  were  visited 
with  scarcely  any  punishmenf,  were  punished  with  great  severity  when  com 
mitted  by  a  mulatto.  There  was  one  circumstance,  however,  in  the  condition 
of  the  mulattoes,  which  operated  as  a  balance  to  all  those  indignities,  and  en 
abled  them  to  become  formidable  in  the  colony — they  were  allowed  to  acquire 
and  to  hold  property  to  any  amount.  Able,  energetic,  and  rendered  doubly 
intent  upon  the  acquisition  of  wealth  by  the  power  it  gave  them,  many  of 
these  mulattoes  or  people  of  color  became  rich,  purchased  estates,  and  equaled 
the  whites  as  planters.  Not  only  so,  but,  possessing  the  tastes  of  Europeans 
and  gentlemen,  they  used  to  quit  St.  Domingo  and  pay  occasional  visits  to 
what  they  as  well  as  the  whites  regarded  as  the  mother  country.  It  was  cus 
tomary  for  wealthy  mulattoes  to  send  their  children  to  Paris  for  their  educa 
tion.  It  ought  to  be  remarked  also  respecting  the  mulatto  part  of  the  popu 
lation  of  St.  Domingo,  that  they  kept  aloof  both  from  the  pure  whites  and  the 
pure  negroes.  Such  was  the  state  of  society  in  the  colony  of  St.  Domingo 
in  the  year  1789-90,  when  the  French  Revolution  broke  out. 

Although  situated  at  the  distance  of  3500  miles  from  the  mother  country,  St. 
Domingo  was  not  long  in  responding  to  the  political  agitations  which  broke 
out  in  Paris  in  1789.  When  the  news  reached  the  colony  that  the  king  had 
summoned  the  States-general,  all  the  French  part  of  the  island  was  in  a  fer 
ment.  Considering  themselves  entitled  to  share  in  the  national  commotion,  the 
colonists  held  meetings,  passed  resolutions,  and  elected  eighteen  deputies  to 
be  sent  home  to  sit  in  the  States-general  as  representatives.  The  eighteen 
deputies  reached  Versailles  a  considerable  time  after  the  States-general  had 


V 


THE  REVOLUTIONS.  257 

commenced  their  sittings,  and  constituted  themselves  the  National  Assembly ; 
and  their  arrival  not  a  little  surprised  that  body,  who  probably  never  expected 
deputies  from  St.  Domingo,  or  who  at  all  events  thought  eighteen  deputies  too 
many  for  one  colony.  Accordingly,  it  was  with  some  difficulty  that  six  of 
them  were  allowed  to  take  their  seats.  At  that  time  colonial  gentlemen 
were  not  held  in  great  favor  at  Paris.  Among  the  many  feelings  which 
then  simultaneously  stirred  and  agitated  that  great  metropolis,  there  had 
sprung  up  a  strong  feeling  against  negro  slavery.  Whether  the  enthusiasm 
was  kindled  by  the  recent  proceedings  of  Clarkson  and  Wilberforce  in  London, 
or  whether  it  was  derived  by  the  French  themselves  from  the  political  maxims 
then  afloat,  the  writers  and  speakers  of  the  revolution  made  the  iniquity  of 
negro  slavery  one  of  their  most  frequent  and  favorite  topics ;  and  there  had 
just  been  founded  in  Paris  a  society  called  Amis  des  Noirs,  or  friends  of  the 
blacks,  of  which  the  leading  revolutionists  were  members. 

The  intelligence  of  what  was  occurring  at  Paris  gave  great  alarm  in  St.  Do 
mingo.  When  the  celebrated  declaration  of  rights,  asserting  all  men  to  be 
"free  and  equal,"  reached  the  island  along  with  the  news  of  the  proceedings  of 
the  Amis  des  Noirs,  the  whites,  almost  all  of  whom  were  interested  in  the 
preservation  of  slavery,  looked  upon  their  ruin  as  predetermined.  They  had  no 
objection  to  freedom  in  the  abstract,  freedom  which  should  apply  only  to  them 
selves,  but  they  considered  it  a  violation  of  all  decency  to  speak  of  black  men, 
mere  property,  having  political  rights.  What  disheartened  the  whites  gave 
encouragement  to  the  mulattoes.  Rejoicing  in  the  idea  that  the  French  peo 
ple  were  their  friends,  they  became  turbulent,  and  rose  in  arms  in  several 
places,  but  were  without  much  difficulty  put  down.  Two  or  three  whites,  who 
were  enthusiastic  revolutionists,  sided  with  the  insurgents ;  and  one  of  them, 
M.  de  Beaudierre,  fell  a  victim  to  the  fury  of  the  colonists.  The  negro  popu 
lation  of  the  island  remained  quiet ;  the  contagion  of  revolutionary  sentiments 
had  not  yet  reached  them. 

When  the  national  assembly  heard  of  the  alarm  which  the  new  constitution 
had  excited  in  the  colonies,  they  saw  the  necessity  for  adopting  some  measures 
to  allay  the  storm;  and  accordingly,  on  the  8th  of  March,  1790,  they  passed 
a  resolution  disclaiming  all  intention  to  legislate  sweepingly  for  the  internal 
affairs  of  the  colonies,  and  authorizing  each  colony  to  mature  a  plan  for  itself 
in  its  own  legislative  assembly,  (the  revolution  having  superseded  the  old  sys 
tem  of  colonial  government  by  royal  officials,  and  given  to  each  colony  a  legis 
lative  assembly  consisting  of  representatives  elected  by  the  colonists,)  and 
submit  the  same  to  the  national  assembly.  This  resolution,  which  gave  great 
dissatisfaction  to  the  Amis  des  Noirs  in  Paris,  produced  a  temporary  calm  in 
St.  Domingo.  For  some  time  nothing  was  to  be  heard  but  the  bustle  of  elec 
tions  throughout  the  colony;  and  at  length,  on  the  16th  of  April,  1790,  the 
general  assembly  met,  consisting  of  213  representatives.  All  eyes  were  upon 
the  proceedings  of  the  assembly  ;  and  at  length,  on  the  28th  of  May,  it  pub 
lished  the  results  of  its  deliberations  in  the  form  of  a  new  constitution,  consist 
ing  of  ten  articles.  The  provisions  of  this  new  constitution,  and  the  language 
17 


258  SLAVERY  IN  ST.  DOMINGO. 

in  which  they  were  expressed,  were  astounding;  they  amounted,  in  fact,  to  the 
throwing  off  of  allegiance  to  the  mother  country.  This  very  unforeseen  result 
created  great  commotion  in  the  island.  The  cry  rose  every  where  that  the 
assembly  was  rebelling  against  the  mother  country;  some  districts  recalled 
their  deputies,  declaring  they  would  have  no  concern  with  such  presumptuous 
proceedings ;  the  governor-general,  M.  Peynier,  was  bent  on  dissolving  the 
assembly  altogether ;  riots  were  breaking  out  in  various  parts  of  the  island, 
and  a  civil  war  seemed  impending,  when  in  one  of  its  sittings  the  assembly, 
utterly  bewildered  and  terrified,  adopted  the  extraordinary  resolution  of  going 
on  board  a  ship  of  war  then  in  the  harbor,  and  sailing  bodily  to  France  to 
consult  with  the  national  assembly. 

In  the  meantime,  the  news  of  the  proceedings  of  the  colonial  assembly  had 
reached  France,  and  all  parties,  royalists  as  well  as  revolutionists,  were  indig 
nant  at  what  they  called  the  impudence  of  these  colonial  legislators.  The 
Amis  des  Noirs  of  course  took  an  extreme  interest  in  what  was  going  on ; 
and  under  their  auspices,  an  attempt  was  made  to  take  advantage  of  the  dis 
turbances  prevailing  in  the  island  for  the  purpose  of  meliorating  the  condition 
of  the  colored  population.  A  young  mulatto  named  James  Oge  was  then  re 
siding  in  Paris,  whither  he  had  been  sent  by  his  mother,  a  woman  of  color,  the 
proprietrix  of  a  plantation  in  St.  Domingo.  Oge  had  formed  the  acquaint 
ance  of  the  Abbe  Gregoire,  Brissot,  Robespierre,  Lafayette,  and  other  leading 
revolutionists  connected  with  the  society  of  the  Amis  des  Noirs,  and  fired  by 
the  ideas  which  he  derived  from  them,  he  resolved  to  return  to  St.  Domingo, 
and,  rousing  the  spirit  of  insurrection,  become  the  deliverer  of  his  enslaved 
race.  Accordingly,  paying  a  visit  to  America  first,  he  landed  in  his  native  is 
land  on  the  12th  of  October,  1790,  and  announced  himself  as  the  redresser  of 
all  wrongs.  Matters,  however,  were  not  yet  ripe  for  an  insurrection ;  and  after 
committing  some  outrages  with  a  force  of  200  mulattoes,  which  was  all  he  was 
able  to  raise,  Oge  was  defeated,  and  obliged,  with  one  or  two  associates,  to 
take  refuge  in  the  Spanish  part  of  the  island.  M.  Blanchelande  succeeding 
M.  Peynier  as  governor-general  of  the  colony,  demanded  Oge  from  the  Span 
iards ;  and  in  March,  1791,  the  wretched  young  man  was  broken  alive  upon 
the  wheel. 

The  court  convicted  Vincent  Oge  and  Jean  Baptiste  Chevanne,  his  associ 
ate,  of  the  intent  to  cause  an  insurrection  of  the  people  of  color,  and  it  con 
demned  them  to  be  conducted  by  the  public  executioner  to  the  church  of  Cape 
Frai^ois,  and  there,  bare-headed,  and  en  chemise,  with  a  rope  about  their  necks — 
upon  their  knees,  and  holding  in  their  hands  a  wax  candle  of  two  pounds 
weight,  to  declare  that  they  had  wickedly,  rashly,  and  by  evil  instigation,  com 
mitted  the  crimes  of  which  they  had  been  accused  and  convicted  ;  and  then  and 
there  they  repented  of  them,  and  asked  forgiveness  of  God,  of  the  king,  and 
the  violated  justice  of  the  realm ;  that  they  should  then  be  conducted  to  the 
Place  d'Armes  of  the  said  town,  and  in  the  place  opposite  to  that  appropriated 
to  the  execution  of  white  men,  to  have  their  arms,  legs,  hips,  and  thighs  bro 
ken  alive;  that  they  should  be  placed  npon  a  wheel,  with  their  faces  towards 


THE  REVOLUTIONS.  25C 

heaven,  and  there  remain  so  long  as  God  should  preserve  their  lives.  After 
their  death,  their  heads  were  to  be  severed  from  their  bodies  and  placed  upon 
poles — that  of  Oge  on  the  road  to  Dondon,  and  that  of  Chevannc  on  the  rond 
to  Grand  Riviere,  and  the  property  of  both  to  be  confiscated  to  the  king.* 

Chevanne  died  as  he  had  li*ed,  the  stern,  unyielding  enemy  of  the  whiles' : 
but  Oge  in  that  terrible  moment  lost  all  his  firmness.  He  implored  the  pity 
of  his  judges,  and  offered  to  reveal  important  secrets  if  they  would  spare  his 
life.  Twenty-four  hours  were  granted  him,  and  he  revealed  the  existence  of  a 
wide-laid  conspiracy  among  the  mulattoes  and  negroes  of  the  island;  bat  :i.< 
not  much  importance  was  attached  to  his  communications,  he  was  ordered  back 
to  punishment.  Twenty-one  of  his  associates,  among  whom  was  his  brother, 
were  condemned  to  be  hung,  and  thirteen  others  were  sent  to  the  galleys  for 
life — the  rest  were  pardoned. 

Although  the  insurrection  of  Oge"  was  ill-timed  and  rash,  and  his  death  th;it 
of  the  most  degraded  criminal,  his  name  and  sufferings  have  ever  been  hallowed 
in  the  memory  of  his  race ;  and  the  martyrdom  of  Oge  was  ever  afterwards 
the  rallying  signal  to  encourage  and  unite  the  mulattoes  in  deadly  hostility 
against  the  whites.  By  this  barbarous  massacre  the  breach  between  these  two 
races  was  made  irreconcilable  and  eternal.  However  they  were  united  by  the1 
sympathy  of  relationship,  or  the  ties  of  interest  and  property,  all  these  band* 
were  sundered  by  a  hatred,  deep,  rankling,  and  inexpiable,  f 

All  this  occurred  while  the  eighty-five  members  of  the  assembly  were  absent 
in  France.  They  had  reached  that  country  in  September,  1790,  and  been  we!) 
received  at  first;  but  when  they  appeared  before  the  national  assembly,  that-" 
body  treated  them  with  marked  insult  and  contempt.  On  the  llth  of  October, 
Barnave  proposed  and  carried  a  decree  annulling  all  the  acts  of  the  colonial 
assembly,  dissolving  it,  declaring  its  members  ineligible  again  for  the  same  of 
fice,  and  detaining  the  eighty-five  unfortunate  gentlemen  prisoners  in  France. 
Barnave,  however,  was  averse  to  any  attempt  on  the  part  of  the  national  as 
sembly  to  force  a  constitution  upon  the  colony  against  its  will ;  and  especially 
he  was  averse  to  any  direct  interference  between  the  whites  and  the  people  of 
color.  These  matters  of  internal  regulation,*'he  said,  should  be  left  to  the  col 
onists  themselves  ;  all  that  the  national  assembly  should  require  of  the  colonists 
was,  that  they  should  act  in  the  general  spirit  of  the  revolution.  Others,  how 
ever,  among  whom  were  Gregoire,  Brissot,  Robespierre,  and  Lafayette,  were 
for  the  home  government  dictating  the  leading  articles  of  a  new  constitution 
for  the  colony ;  and  especially  they  were  for  some  sweeping  assertion  by  the 
national  assembly  of  the  equal  citizenship  of  the  colored  inhabitants  of  the  col 
ony.  For  some  time  the  debate  was  carried  on  between  these  two  parties  ;  but 
the  latter  gradually  gained  strength,  and  the  storm  of  public  indignation  which 
was  excited  by  the  news  of  the  cruel  death  of  Oge  gave  them  the  complete 
victory.  Tragedies  and  dramas  founded  on  the  story  of  Oge  were  acted  in  the 
theatres  of  Paris,  and  the  popular  feeling  against  the  planters  and  in  favor  of 

*  Lacroix.          f  Brown's  Hist.  St.  Domingo. 


260  SLAVERY  IN  ST.  DOMINGO. 

the  negroes  grew  vehement  and  ungovernable.  "  Perish  the  colonies,"  said 
Robespierre,  "  rather  than  depart,  in  the  case  of  our  colored  brethren,  from 
those  universal  principles  of  liberty  and  equality  which  it  is  our  glory  to  have 
laid  down."  Hurried  on  by  a  tide  of  enthusiasm,  the  national  assembly,  on 
the  15th  of  May,  passed  a  decree  declaring  all  thg  people  of  color  in  the  French 
colonies  born  of  free  parents  entitled  to  vote  for  members  of  the  colonial  judi 
catures,  as  well  as  to  be  elected  to  seats  themselves.  This  decree  of  admission 
to  citizenship  concerned,  it  will  be  observed,  the  mulattoes  and  free  blacks  only; 
it  did  not  affect  the  condition  of  the  slave  population. 

In  little  more  than  a  month  this  decree,  along  with  the  intelligence  of  all 
that  had  been  said  and  done  when  it  was  passed,  reached  St.  Domingo.  The 
colony  was  thrown  into  convulsions.  The  white  colonists  stormed  and  raged, 
and  there  was  no  extremity  to  which,  in  the  first  outburst  of  their  anger,  they 
were  not  ready  to  go.  The  national  cockade  was  trampled  under  foot.  It 
was  proposed  to  forswear  allegiance  to  the  mother  country,  seize  the  French 
ships  in  the  harbors,  and  the  goods  of  French  merchants,  and  hoist  the  British 
flag  instead  of  the  French.  The  governor-general,  M.  Blanchelande,  trembled 
for  the  results.  But  at  length  the  fury  of  the  colonists  somewhat  subsided ;  a 
new  colonial  assembly  was  convened ;  hopes  began  to  be  entertained  that  some 
thing  might  be  effected  by  its  labors,  when  lo  !  the  news  ran  through  the  island 
like  the  tremor  of  an  earthquake — "  The  blacks  have  risen  !"  The  appalling 
news  was  too  true.  The  conspiracy,  the  existence  of  which  had  been  divulged 
by  Oge  before  his  execution,  had  burst  into  explosion.  The  outbreak  had  been 
fixed  for  the  25th  of  August,  1791  ;  but  the  negroes,  impatient  as  the  time 
drew  near,  had  commenced  it  on  the  night  of  the  22d. 

The  insurrection  now  burst  forth  in  all  its  terror  and  calamity.  The  slaves 
of  the  plantation  Turpin,  headed  by  an  English  negro,  set  out  at  10  o'clock  at 
night,  in  their  way  drawing  into  their  ranks  the  slaves  of  four  or  five  other 
plantations,  and  commenced  the  horrors  of  a  wide-spread  insurrection.  They 
proved  to  be  the  veriest  tigers  in  rage  and  cruelty.  The  plain  of  Cape  Fran- 
9ois,  that  might  have  rivaled  the  fabled  garden  of  the  Hesperides,  both  in  rich 
ness  and  beauty,  was  soon  in  one  universal  conflagration,  the  gleams  of  which 
painted  the  sky  in  lurid  horror,  while  the  smoke  enveloped  the  whole  country 
in  uncertain  gloom.  The  ranks  of  the  rebels  were  increased  at  every  step  of 
their  progress,  and  along  their  march  of  devastation  they  murdered  every 
white  who  fell  into  their  power,  without  distinction  of  age  or  sex,  viewing  with 
fiendish  delight  the  agonies  and  groans  of  those  whom  so  lately  they  had  not 
dared  to  look  in  the  face. 

These  scenes  of  destruction  were  continued  through  the  night,  and  on  the 
following  day  the  inhabitants  of  Cape  Fran9ois  knew  nothing  of  the  disasters 
around  them,  but  of  the  smoke  that  obscured  the  horizon  and  the  fugitives 
that  were  pouring  into  their  gates.  Petrified  with  horror  and  panic,  they 
quickly  fastened  themselves  in  their  houses,  and  locked  up  their  slaves.  The 
troops  of  the  garrison  were  the  only  living  objects  seen  in  the  streets,  as  they 
were  hurrying  to  their  different  posts.  An  alarm  gun  soon  called  the  whole 


THE  REVOLUTIONS.  •          2G1 

population  to  arms.  The  people  came  out  of  their  houses,  accosted  and  ques 
tioned  each  other,  and  catching  courage  from  the  effect  of  numbers,  thcL1 
former  fear  was  soon  changed  to  an  inspiriting  cry  for  vengeance,  which,  in 
their  determined  infatuation,  was  principally  directed  against  the  mulattoes. 
These  were  accused  of  having  instigated  the  blacks  to  revolt,  and  on  them  it 
was  thought  immediate  and  summary  vengeance  should  fall.  In  the  delirium 
of  the  moment,  a  few  of  that  unfortunate  race  expiated  with  their  lives  the 
suspicion  of  their  being  accomplices  with  the  rebels  in  the  plain.  To  stop  this 
wicked  injustice  of  murdering  the  innocent  for  the  crimes  of  the  guilty,  the 
provincial  assembly  hastened  to  assign  places  of  refuge  for  this  proscribed 
caste,  who  ran  thither  to  put  themselves  under  the  protection  of  the  military. 
They  demanded  arms,  especially  the  mulatto  planters,  and  expressed  an  eager 
ness  to  march  against  the  common  enemy ;  and  such  was  the  blindness  of  cre- 
ole  prejudice  that  even  the  assembly  hesitated  at  first  to  accept  their  offer.* 

The  insurrection  spread  like  a  stream  of  electricity,  and  within  four  days 
one-third  part  of  the  plain  of  Cape  Franpois  was  but  a  heap  of  ashes.  Many 
members  of  the  new  colonial  assembly,  in  their  journey  from  Leogane  to  the 
Cape,  were  surprised  and  killed  by  the  rebels,  and  a  detachment  of  troops  was 
found  necessary  to  guard  the  route  of  the  president,  secretaries  and  archives 
of  this  body.  M.  Tousard  was  dispatched  against  the  rebels  with  a  detach 
ment  of  troops  of  the  line  and  national  guards,  together  with  some  grenadiers 
and  chasseurs  of  the  regiment  of  the  Cape  ;  but  nothing,  without  the  courage 
and  veteran  skill  of  this  able  officer,  could  have  kept  the  troops  in  an  imposing 
attitude  in  such  fearful  circumstances.  On  every  side,  and  in  every  direction, 
they  were  beset  by  swarms  of  the  rebels,  who  seemed  to  despise  danger  ani 
defy  the  utmost  that  could  be  done  against  them.  An  order  from  the  governor 
general,  however,  recalled  the  forces  of  M.  Tousard  in  haste  to  Cape  Fran9ois, 
where,  from  the  advance  of  the  negroes  on  that  town,  the  consternation  was 
heart-rending.  The  place  was  now  entirely  surrounded  with  blazing  planta 
tions,  and  even  the  hideous  outcries  could  be  heard  of  those  fiends,  who  were 
every  where  triumphant  in  their  march  of  desolation  and  massacre.  The  ad 
vance  guard  established  on  the  plantation  Bongars,  had  been  affrighted  from 
its  defense  of  that  post,  and  thus  the  two  most  beautiful  quarters  of  the  colony, 
those  of  Morin  and  Limonade,  were  given  to  the  torches  of  the  rebels.  They 
even  advanced  to  the  Haut  de  Cap,  and  the  cannon  brought  to  play  upon  their 
huddled  masses  was  scarcely  sufficient  to  check  them  in  their  headlong  march 
The  return  of  Tousard  upon  their  rear  dispersed  them,  but  by  his  retreat  they 
were  left  in  undisputed  possession  of  the  country.  They  immediately  extended 
their  ravages  from  the  sea-shore  to  the  mountains,  and  when  nothing  more  was 
left  for  them  to  destroy,  their  headlong  tumultuousness  began  to  give  place  in 
their  leisure  to  a  regular  organization  and  a  more  systematic  warfare.  Their 
continuance  in  the  field,  notwithstanding  the  vast  amount  of  plunder  to  tempt 
them  from  their  course,  and  the  celerity  and  skilfulness  of  their  movements, 

*  Lacroix. 


202  SJAVERY  IN  ST.  DOMINGO. 

had  already  given  rise  to  the  suspicion  that  they  were  guided  in  their  enter 
prise  by  some  being  superior  to  themselves.  They  no  longer  exposed  them 
selves  in  masses  to  the  destructive  sweep  of  cannon  and  small  arms,  but  by 
scattering  their  detachments,  by  suddenly  dispersing  to  the  shelter  of  hedges 
and  thickets,  when  occasion  required,  they  often  succeeded  in  surprising  or 
surrounding  their  enemy,  arid  when  neither  could  be  done,  in  crushing  them  by 
a  vast  superiority  in  numbers.  While  the  preparations  for  the  attack  were  in 
progress,  their  obies  performed  the  Ouangah,  or  mysterious  rite  to  their  de 
mons,  by  which  the  imaginations  of  the  multitude  were  heated  and  strained  to 
the  utmost  degree  of  tension,  and  the  women  and  children  danced  an  accompa 
niment  to  the  ceremony  with  bowlings  and  outcries  that  savored  of  Pandemo 
nium.  Amid  the  excitement  of  this  wild  uproar,  the  attack  began  with  yells 
and  terrific  gesticulations.  If  they  met  with  a  firm  and  effective  resistance, 
the  energy  -of  their  attack  soon  slackened ;  but  if  the  defense  was  weak  and 
faltering,  their  boldness  and  audacity  became  extreme.  They  rushed  forward 
to  the  cannon's  mouth,  and  thrusting  in  their  arms  and  bodies,  purchased  the 
retreat  of  the  enemy  by  this  self-immolation.  Contortions  and  howlings  were 
not  the  only  means  they  used  to  intimidate  their  adversaries — the  flames  which 
they  applied  to  the  highly  inflammable  fields  of  cane,  to  the  houses  and  mills 
of  the  plantations,  and  to  their  own  cabins,  covered  the  heavens  with  clouds  of 
smoke  by  day,  and  illuminated  the  horizon  by  night  with  gleams  that  gave  to 
every  object  the  color  of  blood.  After  a  silence  the  most  profound,  there 
would  arise  an  outcry  from  their  camp  the  most  appalling ;  this  would  again 
be  followed  by  the  plaintive  cries  of  their  prisoners,  whom  the  savages  made  it 
their  sport  to  sacrifice  at  their  advance  posts. 

The  insurgents,  in  full  possession  of  the  plain  of  Cape  Fran9ois,  were  revel 
ing  amidst  the  spoils  of  the  vanquished.  The  colonists,  to  intimidate  them, 
changed  the  sluggish  and  inefficient  war  they  were  carrying  on  to  one  of  ex 
termination.  This  was  ill-timed  and  impolitic,  for  the  insurrection  had  grown 
too  strong  to  yield  to  fear,  and  the  negroes  repaid  the  cruelty  by  augmenting 
the  tortures  of  their  own  captives.  The  negro  chiefs  would  have  no  neutrals 
among  those  of  their  race,  and  the  more  faithful  slaves,  who  were  found  con 
cealing  themselves  from  the  rebels,  were  immediately  put  to  death  by  their 
own  countrymen.  On  the  other  hand,  parties  of  enraged  whites  were  travers 
ing  the  country,  and,  with  an  undiscriininating  vengeance,  killing  every  living 
thing  that  was  black.  The  faithful  slave,  who,  in  this  reciprocal  destruction, 
came  to  claim  the  protection  of  his  master  against  those  who  on  either  side 
sought  his  life,  was  in  many  instances  put  to  death  by  that  very  master  himself. 
This  blind  severity  served  no  purpose  but  to  swell  the  ranks  of  the  rebels,  for 
the  peaceable  negro  could  find  no  security  for  his  life  but  by  assuming  arms  in 
the  ranks  of  his  countrymen. 

In  the  first  moments  of  the  rebellion,  the  negroes  had  murdered  all  their  pris 
oners,  but  as  success  increased,  the  complacency  of  triumph  taught  them  more 
clemency,  or  perhaps  they  had  become  glutted  with  cruelty  and  crime.  They 
no  longer  massacred  the  women  and  children,  and  only  showed  themselves 


THE  REVOLUTIONS.  263 

cruel  to  their  prisoners  taken  in  battle,  whom  they  put  to  death  with  such 
studied  tortures  as  cannot  be  named  without  a  thrill  of  horror.  They  tore 
them  with  red-hot  pincers — sawed  them  asunder  between  planks — roasted 
them  by  a  slow  fire — or  tore  out  their  eyes  with  red-hot  cork-screws.  Their 
principal  leader,  Jean  Fran9ois,  assumed  the  title  of  grand  admiral  of  France, 
and  his  lieutenant,  Biassou,  called  himself  generalissimo  of  the  conquered  coun 
try.  They  were  evidently  under  the  guidance  and  instruction  of  demons  higher 
in  intelligence  than  they.  The  rebels  stated  that  they  were  in  arms  for  their 
king,  whom  their  enemies  and  his  had  cast  into  prison ;  but  at  other  times 
they  asserted  that  their  sole  object  was  to  save  themselves  from  their  tyrants, 
the  planters. 

Te  Deum  was  daily  sung  by  both  belligerents,  in  impious  thanksgiving  to 
God  for  what  was  nothing  but  a  continued  massacre.  The  heads  of  murdered 
whites,  stuck  on  poles,  surrounded  the  camp  of  the  rebels,  and  the  hedges  that 
bordered  the  way  conducting  to  the  posts  of  the  whites  were  filled  with  the 
dead  bodies  of  negroes  swinging  in  the  wind. 

After  a  long  succession  of  skirmishes  which  had  resulted  in  nothing  but  to 
drive  the  rebels  from  the  plain  to  the  mountains,  whence  after  the  withdrawal 
of  the  troops  they  rushed  back  again  to  the  plain,  the  negroes  were  nearly  sub 
dued  by  a  combined  movement,  which  had  been  ordered  by  M.  Blanchelande, 
and  executed  by  M.  Tousard.  Camp  Lecoque  and  Acul  were  taken  by  the 
whites,  and  a  large  body  of  negroes  were  surrounded  upon  the  plantation 
Alquier,  who  were  surprised  by  night,  and  all  who  were  unable  to  effect  an 
escape  were  cut  in  pieces.  M.  Tousard  was  fortunate  enough  in  this  expedi 
tion  to  save  from  the  hands  of  the  negroes  a  great  number  of  white  children, 
and  eighty  white  females,  who  were  found  shut  up  in  the  church  at  Limbe. 

The  rebels  ascribed  their  late  disasters  to  treason  in  their  camp.  A  negro 
named  Jeannot  was  of  all  their  chieftains  the  most  ferocious.  Suspecting  the 
fidelity  of  a  negro  under  his  orders,  who  was  also  accused  of  having  saved  his 
master  from  the  knives  of  the  insurgents,  this  monster  ordered  that  he  should 
be  cut  in  pieces  and  thrown  into  the  fire,  on  the  charge  that  he  had  drawn  the 
balls  from  the  cartridges  of  the  blacks  in  their  late  unsuccessful  conflicts  with 
M.  Tousard.  Other  acts  of  cruelty  still  more  revolting  are  related  of  this  rebel 
chief.  The  plantation  of  M.  Paradole,  situated  on  Grande  Riviere,  suffered 
an  attack  from  the  insurgents,  in  which  the  proprietor  himself  was  made  a 
prisoner.  Four  of  his  children,  who  in  the  first  moments  of  their  panic  had 
fled  to  places  of  concealment,  came  to  implore  the  negro  chief  to  liberate  their 
father.  This  filial  devotion,  which  was  interpreted  as  defiance  by  the  unfeel 
ing  black,  irritated  him  to  fury.  He  ordered  that  the  four  young  men  should 
be  slain  separately  before  the  eyes  of  their  parent,  who  was  then  himself  put 
to  death,  the  last  victim  in  this  domestic  tragedy.  The  atrocity  of  this  action 
was  even  too  much  for  Jean  Fran9ois,  who  had  already  become  jealous  of 
Jeannot's  growing  ascendency.  The  latter  affected  the  state  and  bearing  of  a 
monarch,  never  proceeding  to  mass  but  in  a  chariot  drawn  by  six  horses.  Tlie 

y  of  Jean  Fran£ois  was  soon  imbodied  in  action.     He  attacked  his  associ- 


264  SLAVERY  IN  ST.  DOMINGO. 

ate  chief  and  overcame  him,  and  the  monster  was  shot  at  the  foot  of  a  tree 
that  had  been  fitted  up  with  iron  hooks  upon  which  to  hang  his  living  victims 
by  the  middle  of  the  body.  Buckinan,  also,  the  original  leader  in  the  insur 
rection,  fell  a  sacrifice  to  the  vengeance  of  the  whites  during  this  expedition  of 
M.  Tousard,  and  his  head  was  brought  into  Cape  Frau9ois  and  exposed  on  the 
gates  of  the  town. 

While  ruin  was  thus  universal  in  the  north,  the  mulattoes  of  the  south  were 
seizing  the  present  conjuncture  to  establish  their  rights  by  force.  Their  leaders 
showed  themselves  more  skillful  than  Oge.  Instead  of  remaining  in  Port-au- 
Prince,  they  made  their  rendezvous  at  Croix  des  Bouquets,  and  made  no  de 
monstration  of  their  design  till  their  organization  had  heen  made  complete. 
Port-au-Prince  considered  itself  strong  enough  to  punish  this  schism,  and  the 
military  force  of  the  place  took  up  their  march  immediately  for  the  encamp 
ment  of  the  mulattoes.  Some  detachments  of  cavalry  from  both  sides  had 
already  met  in  the  plain  of  Cul  de  Sac,  and  the  advantage  was  clearly  on  the 
side  of  the  mulattoes.  On  the  night  of  the  1st  of  September,  a  body  of  ad 
venturers  and  sailors,  joined  to  a  force  of  two  hundred  troops  of  the  line  and 
a  detachment  of  the  national  guard,  and  furnished  with  a  small  train  of  artil 
lery,  set  off  from  Port-au-Priuce  to  attack  the  post  of  Croix  des  Bouquets. 
They  continued  their  march  until  the  break  of  day,  when  they  found  themselves 
in  the  grounds  of  the  plantation  Pernier,  and  the  fields  of  cane  in  flames  on 
every  side  of  their  column.  A  brisk  fire  of  musketry  from  an  ambuscade  of 
mulattoes  immediately  followed,  and  the  field  was  strewed  with  killed  and 
wounded.  The  whites  were  thrown  into  disorder,  and  their  rout  soon  became 
complete.  The  mulattoes,  with  admirable  tact,  followed  up  their  advantage 
by  making  immediate  offers  to  negotiate,  which  their  defeated  opponents  ac 
cepted  without  a  moment's  hesitation.  A  treaty  was  made,  called  a  concordat, 
in  which  the  whites  promised  to  make  no  farther  opposition  to  the  late  decree 
of  the  national  assembly,  as  well  as  to  recognize  the  political  equality  of 
mulattoes  with  themselves,  and  to  secure  the  complete  indemnification  of  all 
those  who  had  suffered  for  political  offenses,  either  in  property,  person  or  life. 
The  mulattoes  demanded  that  the  garrison  of  Port-au-Prince  should  be  com 
posed  of  whites  and  mulattoes  in  equal  numbers — that  the  judges  who  had 
condemned  Oge  should  be  consigned  to  infamy — that  the  future  legislature  of 
the  colony  should  be  composed  of  members  chosen  conformably  to  the  late  de 
cree,  and  that  whenever  the  principles  of  this  decree  were  not  recognized  in 
the  elections,  both  contracting  parties  should  unite  to  enforce  their  execution. 
The  discussions  being  all  finished  on  the  several  articles  of  this  treaty,  which 
secured  to  the  mulattoes  all  that  they  had  ever  demanded,  it  was  signed  on  the 
23d  of  October,  1791. 

Meantime  the  war  continued  in  the  plain  of  Cape  Frai^ois  with  unmitigated 
fierceness,  and  human  blood  still  flowed  in  torrents  amid  the  cruelty  practiced 
on  both  sides.  It  was  estimated  that  within  the  space  of  two  months,  more 
than  two  thousand  whites  had  fallen  victims  to  the  insurrection — that  one 
hundred  and  eighty  sugar  plantations,  and  nearly  nine  hundred  plantations  of 


TI1E  REVOLUTIONS.  265 

coffee,  cotton  and  indigo  had  been  laid  waste,  and  their  mills  and  houses  con 
sumed  to  ashes.  The  negroes,  in  the  wantonness  of  their  fury,  left  nothing 
undestroyed  that  was  not  in  itself  indestructible.  The  thick  walls  of  edifices, 
which  remained  standing  after  the  fire  had  consumed  all  enclosed  within  them, 
were  by  painful  manual  effort  razed  to  the  ground.  The  iron  kettles  of  the 
boiling  houses,  and  the  bells  which  called  them  to  their  labors,  were  crushed  into 
atoms,  as  if  to  destroy  from  the  very  face  of  the  earth  all  memorials  of  former 
servitude.  Twelve  hundred  families,  once  opulent  and  happy,  were  reduced  to 
utter  poverty,  and  driven  in  their  destitution  to  subsist  on  public  charity  or 
private  hospitality  in  their  own  or  foreign  countries.  More  than  ten  thousand 
of  the  rebels  also  had  perished  by  the  sword  or  by  famine,  and  many  hundreds 
of  them  had  met  their  fate  from  the  hands  of  the  public  executioner. 

Meanwhile  strange  proceedings  relative  to  the  colonies  were  occurring  in 
the  mother  country.  The  news  of  the  insurrection  of  the  blacks  had  not  had 
time  to  reach  Paris ;  but  the  intelligence  of  the  manner  in  which  the  decree  of 
the  15th  of  May  had  been  received  by  the  whites  in  St.  Domingo,  had  created 
great  alarm.  "  We  are  afraid  we  have  been  too  hasty  with  that  decree  of  ours 
about  the  rights  of  the  mulattoes ;  it  is  likely,  by  all  accounts,  to  occasion  a 
civil  war  between  them  and  the  whites ;  and  if  so,  we  run  the  risk  of  losing 
the  colony  altogether."  This  was  the  common  talk  of  the  politicians  of  Paris. 
Accordingly,  they  hastened  to  undo  what  they  had  done  four  months  before, 
and  on  the  24th  of  September  the  national  assembly  actually  repealed  the 
decree  of  the  15th  of  May  by  a  large  majority.  Thus  the  mother  country 
and  the  colony  were  at  cross  purposes ;  for  at  the  very  moment  that  the  colony 
was  admitting  the  decree,  the  mother  country  was  repealing  it. 

The  flames  of  war  were  immediately  rekindled  in  the  colony.  "  The  decree 
is  repealed,"  said  the  whites ;  "  we  need  not  have  been  in  such  a  hurry  in  making 
concessions  to  the  mulattoes."  "The  decree  is  repealed,"  said  the  mulattoes; 
"the  people  in  Paris  are  playing  false  with  us;  we  must  depend  on  ourselves 
in  future.  There  is  no  possibility  of  coming  to  terms  with  the  whites ;  either 
they  must  exterminate  us,  or  we  must  exterminate  them." 

Hostilities  were  renewed  in  the  streets  of  Port-au-Prince.  A  battery  of 
twenty  cannons  opened  its  fire  upon  the  ranks  of  the  armed  mulattoes,  who  re 
treated  from  the  city  and  gained  the  road  to  the  mountains.  Scarcely  had 
they  departed,  when  both  the  north  and  south  portions  of  the  city  were  dis 
covered  to  be  on  fire,  and  in  an  incredibly  short  space  of  time  the  whole  city 
was  wrapt  in  conflagration.  The  fire  made  such  progress  that  no  exertions 
could  arrest  it,  and  it  continued  to  rage  for  forty-eight  hours,  when  it  began 
to  abate  for  want  of  further  materials  to  minister  to  its  fury,  and  twenty-seven 
out  of  thirty  squares  of  the  town  were  utterly  destroyed. 

Affright,  disorder  and  pillage  augmented  the  horrors  of  the  calamity.  The 
fire  was  of  course  attributed  to  the  mulattoes ;  and  their  wives  and  children, 
two  thousand  in  number,  found  themselves  obliged  to  fly,  not  only  from  thfeir 
burning  habitations,  but  from  the  sword  with  which,  in  the  blindness  of  ven 
geance,  the  whites  were  pursuing  them.  Driven  by  this  two-fold  terror,  they 


266  SLAVERY  IN  ST.  DOMINGO. 

fled  to  the  country  or  rushed  toward  the  sea  shore,  where,  not  finding  boats 
enough  to  contain  them,  and  in  their  anxiety  to  escape  the  death  that  was  follow 
ing  on  their  footsteps,  pressing  in  crowds  upon  each  other,  great  numbers  of  them 
were  forced  into  the  sea,  there  to  find  a  death  as  dreadful  as  that  they  were 
escaping.  The  accusation  was  afterwards  transferred  to  the  merchants,  who 
were  charged  with  having  recourse  to  this  means  of  destroying  all  documents 
efad  securities,  as  an  easy  method  of  ridding  themselves  from  such  liabilities. 
Suspicion  was  immediately  taken  for  evidence,  and  executions  followed ;  the 
mercantile  establishments  which  had  escaped  the  fire,  were  given  up  to  be  pil 
laged  by  the  mob.  A  simpler  explanation,  says  Lacroix,  is  easy.  In  a  town 
built  entirely  of  wood,  and  upon  a  soil  where  a  burning  sun  dries  up  every 
thing  not  endowed  with  life,  the  wadding  of  a  single  cartridge  would  be  suf 
ficient  to  kindle  a  fire  upon  the  roofs  of  houses  as  inflammable  as  tinder ;  and 
that  a  battle  could  be  fought  in  such  a  place  without  causing  a  conflagration 
would  be  a  matter  of  astonishment.  The  loss  has  been  estimated  at  fifty 
million  francs. 

The  year  1791  was  concluded  amid  scenes  of  war,  pestilence  and  bloodshed. 
The  whites,  collected  in  forts  and  cities,  bade  defiance  to  the  insurgents.  The 
mulattoes  and  blacks  fought  on  the  same  side,  sometimes  under  one  standard, 
sometimes  in  separate  bands.  A  large  colony  of  blacks,  consisting  of  slaves 
broken  loose  from  the  plantations,  settled  in  the  mountains  under  the  two  lead 
ers,  Jean  Fran9ois  and  Biassou.  They  planted  provisions  for  their  subsis 
tence,  and  watched  for  opportunities  to  make  irruptions  into  the  plains. 

The  national  assembly  had  sent  three  commissioners  to  the  island  to  restore 
peace  and  subordination  to  the  distracted  colony.  At  the  time  of  their  depar 
ture  they  had  not  been  informed  of  the  slave  insurrection,  nor  the  vast  extent 
of  the  calamity  that  was  then  desolating  the  country.  On  their  arrival,  the 
commissioners  were  struck  with  horror  and  astonishment  at  what  they  saw. 
At  Cape  Fran9ois  they  found  two  wheels  and  five  gibbets  in  constant  employ, 
to  execute  the  numerous  victims  that  were  daily  adjudged  to  death.  Horror 
and  loathing  made  them  insensible  to  the  civilities  which  were  proffered  them, 
and  despairing  of  effecting  any  beneficial  measure,  they  returned  to  France. 
Meanwhile  the  revolution  in  the  mother  country  was  proceeding ;  the  republi 
can  party  and  the  Amis  des  Noirs  were  rising  into  power ;  and  on  the  4th  of 
April,  1792,  a  new  decree  was  passed,  declaring  more  emphatically  than  before 
the  rights  of  the  people  of  color,  and  appointing  three  new  commissioners,  who 
were  to  proceed  to  St.  Domingo  and  exercise  sovereign  power  in  the  colony. 
These  commissioners  arrived  on  the  13th  of  September,  dissolved  the  colonial 
assembly  and  sent  the  governor,  M.  Blanchelande,  home  to  be  guillotined. 
With  great  appearance  of  activity,  the  commissioners  commenced  their  duties  ; 
and  as  the  mother  country  was  too  busy  about  its  own  affairs  to  attend  to  their 
proceedings,  they  acted  as  they  pleased,  and  contrived,  out  of  the  general 
wreck,  to  amass  large  sums  of  money  for  their  own  use ;  till  at  length,  in  the 
beginning  of  1793,  the  revolutionary  government  at  home,  having  a  little  mnr<; 
leisure  to  attend  to  colonial  affairs,  revoked  the  powers  of  the  commissioners, 


THE  REVOLUTIONS.  267 

and  appointed  a  new  governor,  M.  Galbaud.  When  M.  Galbaud  arrived  in 
the  island,  there  ensued  a  struggle  between  him  and  the  commissioners,  he 
being  empowered  to  supersede  them,  and  they  refusing  to  submit.  At  length 
the  commissioners  calling  in  the  assistance  of  the  revolted  negroes,  M.  Galbaud 
was  expelled  from  the  island,  and  forced  to  take  refuge  in  the  United  States. 
While  this  strange  struggle  for  the  governorship  of  the  colony  lasted,  the  con 
dition  of  the  colony  itself  was  growing  worse  and  worse.  The  plantations  re 
mained  uncultivated,  the  whites  and  the  mulattoes  were  still  at  war,  masses  of 
savage  negroes  were  quartered  in  the  hills,  in  fastnesses  from  which  they  could 
not  be  dislodged,  and  from  which  they  could  rush  down  unexpectedly  to  com 
mit  outrages  in  the  plains. 

In  daily  jeopardy  of  their  lives,  and  seeing  no  prospect  of  a  return  of  pros 
perity,  immense  numbers  of  the  white  colonists  were  quitting  the  island.  Many 
families  had  emigrated  to  the  neighboring  island  of  Jamaica,  many  to  the 
United  States,  and  some  even  had  sought  refuge,  like  the  royalists  of  the  mother 
country,  in  Great  Britain.  Through  these  persons,  as  well  as  through  the  refu 
gees  from  the  mother  country,  overtures  had  been  made  to  the  British  govern 
ment  for  the  purpose  of  inducing  it  to  take  possession  of  the  island  of  St. 
Domingo  and  convert  it  into  a  British  colony;  and  in  1793,  the  British  gov 
ernment,  against  which  the  French  republic  had  now  declared  war,  began  to 
listen  favorably  to  the  proposals.  General  Williamson,  the  lieutenant-governor 
of  Jamaica,  was  instructed  to  send  troops  from  that  island  to  St.  Domingo, 
and  attempt  to  wrest  it  out  of  the  hands  of  the  French.  Accordingly,  on  the 
20th  of  September,  1793,  about  870  British  soldiers,  under  Colonel  Whitelocke, 
landed  in  St.  Domingo — a  force  miserably  defective  for  such  an  enterprise.  The 
number  of  troops  was  afteward  increased,  and  the  British  were  able  to  effect 
the  capture  of  Port-au-Prince,  and  also  some  ships  which  were  in  the  harbor. 
Alarmed  by  this  success,  the  French  commissioners,  Santhonax  and  Polverel, 
issued  a  decree  abolishing  negro  slavery,  at  the  same  time  inviting  the  blacks 
to  join  them  against  the  British  invaders.  Several  thousand  did  so ;  but  the 
great  majority  fled  to  the  hills,  swelling  the  army  of  the  negro  chiefs,  Fran9ois 
and  Biassou,  and  luxuriating  in  the  liberty  which  they  had  so  suddenly  acquired. 

It  was  at  this  moment  of  utter  confusion  and  disorganization,  when  British, 
French,  mulattoes,  and  blacks,  were  all  acting  their  respective  parts  in  the  tur 
moil,  and  all  inextricably  intermingled  in  a  bewildering  war,  which  was  neither 
a  foreign  war  nor  a  civil  war,  nor  a  war  of  races,  bnt  a  composition  of  all 
three — it  was  at  this  moment  that  Toussaint  L'Ouverture  appeared  the  spirit 
and  the  ruler  of  the  storm. 

He  was  one  of  the  most  extraordinary  men  of  a  period  when  extraordinary 
men  were  numerous,  and  beyond  all  question,  the  highest  specimen  of  negro 
genius  the  world  has  yet  seen.  He  was  born  in  St.  Domingo,  on  the  plantation 
of  the  count  de  Noe",  a  few  miles  distant  from  Cape  Fran^'ois,  in  the  year  1743. 
His  father  and  mother  were  African  slaves  on  the  count's  estate.  On  the  plan 
tation  there  was  a  black  of  the  name  of  Pierre-Baptiste,  a  shrewd,  intelligent 
man,  who  had  acquired  much  information,  besides  having  been  taught  the  ele- 


SLAVERY  IN  ST.  DOMINGO. 

ments  of  what  would  be  termed  a  plain  education  by  some  benevolent  mission 
aries.  Between  Pierre  and  young  Toussaint  an  intimacy  sprung  up,  and  all 
that  Pierre  had  learned  from  the  missionaries,  Toussaint  learned  from  him. 
His  acquisitions,  says  our  French  authority,  amounted  to  reading,  writing, 
arithmetic,  a  little  Latin,  and  an  idea  of  geometry.  It  was  a  fortunate  cir 
cumstance  that  the  greatest  natural  genius  among  the  negroes  of  St.  Domingo 
was  thus  singled  out  to  receive  the  unusual  gift  of  a  little  instruction.  Tous- 
saint's  qualifications  gained  him  promotion ;  he  was  made  the  coachman  of 
M.  Bayou,  the  overseer  of  the  count  de  Noe — a  situation  as  high  as  a  negro 
could  hope  to  fill.  In  this,  and  in  other  still  higher  situations  to  which  he  was 
subsequently  advanced,  his  conduct  was  irreproachable,  so  that  while  he  gained 
the  confidence  of  his  master,  every  negro  in  the  plantation  held  him  in  respect. 
Three  particulars  are  authentically  known  respecting  his  character  at  this  pe 
riod  of  his  life,  and  it  is  somewhat  remarkable  that  all  are  points  more  pecu 
liarly  of  moral  than  of  intellectual  superiority.  He  was  noted,  it  is  said,  foi 
an  exceedingly  patient  temper,  for  great  affection  for  brute  animals,  and  for  a 
strong,  unswerving  attachment  to  one  female  whom  he  had  chosen  for  his  wife. 
It  is  also  said  that  he  manifested  singular  strength  of  religious  sentiment.  In 
person,  he  was  above  the  middle  size,  with  a  striking  countenance,  and  a  robust 
constitution,  capable  of  enduring  any  amount  of  fatigue,  and  requiring  little 
sleep. 

Toussaint  was  about  forty-eight  years  of  age  when  the  insurrection  of  the 
blacks  took  place  in  August,  It 91.  Great  exertions  were  made  by  the  insur 
gents  to  induce  a  negro  of  his  respectability  and  reputation  to  join  them  in 
their  first  outbreak,  but  he  steadily  refused.  It  is  also  known  that  it  was  owing 
to  Toussaint's  care  and  ingenuity  that  his  master,  M.  Bayou,  and  his  family 
escaped  being  massacred.  He  hid  them  in  the  woods  for  several  days,  visited 
them  at  the  risk  of  his  own  life,  secured  the  means  of  their  escape  from  the 
island,  and,  after  they  were  settled  in  the  United  States,  sent  them  such  remit 
tances  as  he  could  manage  to  snatch  from  the  wreck  of  their  property.  Such 
conduct,  in  the  midst  of  such  barbarities  as  were  then  enacting,  indicates  great 
originality  and  moral  independence  of  character.  After  his  master's  escape, 
Toussaint,  who  had  no  tie  to  retain  him  longer  in  servitude,  and  who,  besides, 
saw  reason  and  justice  in  the  struggle  which  his  race  was  making  for  liberty, 
attached  himself  to  the  bands  of  negroes  then  occupying  the  hills,  commanded 
by  Fra^ois  and  Biassou.  In  the  negro  army  Toussaint  at  once  assumed  a 
leading  rank ;  and  a  certain  amount  of  medical  knowledge,  which  he  had  picked 
up  in  the  course  of  his  reading,  enabled  him  to  unite  the  functions  of  army 
physician  with  those  of  military  officer.  Such  was  Toussaint's  position  in  the 
end  of  the  year  1793,  when  the  British  landed  in  the  island. 

It  is  necessary  here  to  describe,  as  exactly  as  the  confusion  will  permit,  the 
true  state  of  parties  in  the  island.  The  British,  as  we  already  know,  were 
attempting  to  take  the  colony  out  of  the  hands  of  the  French  republic,  and 
annex  it  to  the  crown  of  Great  Britain  ;  and  in  this  design  they  wore  favored 
by  the  few  French  royalists  still  resident  in  the  island.  The  French  conimis- 


THE  REVOLUTIONS.  269 

sioners,  SaLthonax  and  Polverel,  on  the  other  hand,  men  of  the  republican 
school,  were  attempting,  with  a  motley  army  of  French,  mulattoes  and  blacks, 
to  beat  back  the  British.  The  greater  part  of  the  mulattoes  of  the  island, 
grateful  for  the  exertions  which  the  republicans  and  the  Amis  des  Noirs  had 
made  on  their  behalf,  attached  themselves  to  the  side  of  the  commissioners 
and  the  republic  which  they  represented.  It  may  naturally  be  supposed  that 
the  blacks  would  attach  themselves  to  the  same  party — to  the  party  of  those 
whose  watchwords  were  liberty  and  equality,  and  who  consequently  were  the 
sworn  enemies  of  slavery  ;  but  such  was  not  the  case.  Considerable  numbers 
of  the  negroes,  it  is  true,  were  gained  over  to  the  cause  of  the  French  repub 
lic  by  the  manifesto  the  commissioners  had  published  abolishing  slavery ;  but 
the  bulk  of  them  kept  aloof,  and  constituted  a  separate  negro  army.  Strangely 
enough,  this  army  declared  itself  anti-republican.  Before  the  death  of  Louis 
XVI.,  the  blacks  had  come  to  entertain  a  strong  sympathy  with  the  king, 
and  a  violent  dislike  to  the  republicans.  This  may  have  been  owing  either  to 
the  policy  of  their  leaders,  Fran9ois  and  Biassou,  or  to  the  simple  fact  that  the 
blacks  had  suffered  much  at  the  hands  of  republican  whites.  At  all  events,  the 
negro  armies  called  themselves  the  armies  of  the  king  while  he  was  alive  ;  and 
after  he  was  dead,  they  refused  to  consider  themselves  subjects  of  the  republic. 
In  these  circumstances,  one  would  at  first  be  apt  to  fancy  they  would  side  with 
the  British  when  they  landed  on  the  island.  But  it  must  be  remembered  that, 
along  with  the  blind  and  unintelligent  royalism  of  the  negroes,  they  were  ani 
mated  by  a  far  stronger  and  far  more  real  feeling,  namely,  the  desire  of  free 
dom  and  the  horror  of  again  being  subjected  to  slavery ;  and  this  would  very 
effectually  prevent  their  assisting  the  British.  If  they  did  so,  they  would  be 
only  changing  their  masters ;  St.  Domingo  would  become  a  British  colony, 
and  they,  like  the  negroes  of  Jamaica,  would  become  slaves  of  British  planters. 
No,  it  was  liberty  they  wanted,  and  the  British  would  not  give  them  that 
They  hung  aloof,  therefore,  not  acting  consistently  with  the  French,  much  less 
with  the  British,  but  watching  the  course  of  events,  and  ready,  at  any  given 
moment,  to  precipitate  themselves  into  the  contest  and  strike  a  blow  for  negro 
independence. 

The  negroes,  however,  in  the  meantime  had  the  fancy  to  call  themselves  roy 
alists,  Fran9ois  having  assumed  the  title  of  grand  admiral  of  France,  and  Bi- 
.issou  that  of  generalissimo  of  the  conquered  districts.  Toussaint  held  a  mili 
tary  command  under  them,  and  acted  also  as  army  physician.  Every  day  his 
influence  over  the  negroes  was  extending ;  and  Fran9ois  became  so  envious  of 
Toussaint's  growing  reputation  as  to  cast  him  into  prison,  apparently  with  the 
further  purpose  of  destroying  him.  Toussaint,  however,  was  released  by  Bi 
assou,  who,  although  described  as  a  monster  of  cruelty,  appears  to  have  had 
some  sparks  of  generous  feeling.  Shortly  after  this,  Biassou's  drunken  ferocity 
rendered  it  necessary  to  deprive  him  of  all  command,  and  Fran9ois  and  Tous 
saint  became  joint  leaders,  Toussaint  acting  in  the  capacity  of  lieutenant-gen 
eral,  and  Fran9ois  in  that  of  general-in-chief.  The  negro  army  at  this  time 
judged  it  expedient  to  enter  the  service  of  Spain,  acting  in  cooperation  with 


270  SLAVERY  IN  ST.  DOMINGO 

the  governor  of  the  Spanish  colony  in  the  other  end  of  the  island,  who  had 
been  directed  by  his  government  at  home  to  carry  on  war  against  the  French 
commissioners.  Toussaint  was  for  some  time  an  officer  in  the  Spanish  service, 
acting  under  the  directions  of  Joachim  Garcia,  the  president  of  the  Spanish 
colonial  council.  In  this  capacity  he  distinguished  himself  greatly.  With 
600  men,  he  beat  a  body  of  1500  French  out  of  a  strong  post  which  they  had 
occupied  near  the  Spanish  town  of  St.  Raphael;  and  afterwards  he  took  in 
succession  the  villages  of  Marmelade,  Henneri,  Plaisance,  and  Gonaives.  He 
was  appointed  lieutenant-general  of  the  army,  and  presented  at  the  same  time 
with  a  sword  and  a  badge  of  honor  in  the  name  of  his  Catholic  majesty.  But 
the  Marquis  D'Hermona  having  been  succeeded  in  the  command  by  another, 
Toussaint  began  to  find  his  services  less  appreciated.  His  old  rival,  Frai^ois, 
did  his  best  to  undermine  his  influence  among  the  Spaniards  ;  nay,  it  is  said, 
laid  a  plot  for  his  assassination,  which  Toussaint  narrowly  escaped.  He  had 
to  complain  also  of  the  bad  treatment  which  certain  French  officers,  who  had 
surrendered  to  him,  and  whom  he  had  persuaded  to  accept  a  command  under 
him,  had  received  at  the  hands  of  the  Spaniards.  All  these  circumstances  op 
erated  on  the  mind  of  Toussaint,  and  shook  the  principles  on  which  he  had 
hitherto  acted.  While  hesitating  with  respect  to  his  next  movements,  intelli 
gence  of  the  decree  of  the  French  convention  of  the  4th  of  February,  1794, 
by  which  the  abolition  of  negro  slavery  was  confirmed,  reached  St.  Domingo ; 
and  this  immediately  decided  the  step  he  should  take.  Quitting  the  Spanish 
service,  he  joined  the  French  general  Laveaux,  who — the  commissioners  San- 
thonax  and  Polverel  having  been  recalled — was  now  invested  with  the  sole 
governorship  of  the  colony ;  took  the  oath  of  fidelity  to  the  French  republic  ; 
and  being  elevated  to  the  rank  of  brigadier-general,  assisted  Laveaux  in  his 
efforts  to  drive  the  English  troops  out  of  the  island. 

In  his  new  capacity,  Toussaint  was  no  less  successful  than  he  had  been  while 
lighting  under  the  Spanish  colors.  In  many  engagements,  both  with  the  Brit 
ish  and  the  Spaniards,  he  rendered  signal  services  to  the  cause  of  the  French. 
At  first,  however,  the  French  commander  Laveaux  showed  little  disposition  to 
place  confidence  in  him.  It  is  highly  creditable,  therefore,  to  this  French  offi 
cer,  that  when  he  came  to  have  more  experience  of  Toussaint  L'Ouverture,  he 
discerned  his  extraordinary  abilities,  and  esteemed  him  as  much  as  if  he  had 
been  a  French  gentleman  educated  in  the  schools  of  Paris.  The  immediate 
occasion  of  the  change  of  the  sentiments  of  Laveaux  towards  Toussaint  was 
as  follows :  In  the  month  of  March,  1795,  an  insurrection  of  mulattoes  oc 
curred  at  the  town  of  the  Cape,  and  Laveaux  was  seized  and  placed  in  confine 
ment.  On  hearing  this,  Toussaint  marched  at  the  head  of  10,000  blacks  to 
the  town,  obliged  the  inhabitants  to  open  the  gates  by  the  threat  of  a  siege, 
entered  in  triumph,  released  the  French  commander,  and  reinstated  him  in  his 
office.  In  gratitude  for  this  act  of  loyalty,  Laveaux  appointed  Toussaint  lieu 
tenant-governor  of  the  colony,  declaring  his  resolution  at  the  same  time  to  act 
by  his  advice  in  all  matters,  whether  military  or  civil — a  resolution  the  wisdom 
of  which  will  appear  when  we  reflect  that  Toussaint  was  the  only  man  in  the 


THE  REVOLUTIONS.  271 

island  who  could  govern  the  blacks.  A  saying  of  Laveaux  is  also  recorded, 
which  shows  what  a  decided  opinion  he  had  formed  of  Toussaint's  abilities : — 
"  It  is  this  black,"  said  he,  "  this  Spartacus,  predicted  by  Ilaynal,  who  is  des 
tined  to  avenge  the  wrongs  done  to  his  race." 

A  wonderful  improvement  soon  followed  the  appointment  of  L'Ouverture  as 
lieutenant-governor  of  the  colony.  The  blacks,  obedient  to  their  champion, 
were  reduced  under  strict  military  discipline,  and  submitted  to  all  the  regula 
tions  of  orderly  civil  government. 

Since  the  departure  of  the  commissioners  Santhonax  and  Polverel,  the  whole- 
authority  of  the  colony,  both  civil  and  military,  had  been  in  the  hands  of  La 
veaux  ;  but  in  the  end  of  the  year  It 95,  a  new  commission  arrived  from  the 
mother  country.  At  the  head  of  this  commission  was  Santhonax,  and  his  col 
leagues  were  Giraud,  Raymond,  and  Leblanc.  The  new  commissioners,  ac 
cording  to  their  instructions,  overwhelmed  Toussaint  with  thanks  and  compli 
ments  ;  told  him  he  had  made  the  French  republic  his  everlasting  debtor,  and 
encouraged  him  to  persevere  in  his  efforts  to  rid  the  island  of  the  British. 
Shortly  afterwards,  Laveaux,  being  nominated  a  member  of  the  legislature, 
was  obliged  to  return  to  France  ;  and  in  the  month  of  April,  1796,  Toussaint 
L'Ouverture  was  appointed  his  successor,  as  commander-in-chief  of  the  French 
forces  in  St.  Domingo.  Thus,  by  a  remarkable  succession  of  circumstances, 
was  this  negro,  at  the  age  of  fifty-three  years,  fifty  of  which  had  been  passed 
in  a  state  of  slavery,  placed  in  the  most  important  position  in  the  island. 

Toussaint  now  began  to  see  his  way  more  clearly,  and  to  become  conscious 
of  the  duty  which  Providence  had  assigned  him.  Taking  all  things  into  con 
sideration,  he  resolved  on  being  no  longer  a  tool  of  foreign  governments,  but 
to  strike  a  grand  blow  for  the  permanent  independence  of  his  race.  To  ac 
complish  this  object,  he  felt  that  it  was  necessary  to  assume  and  retain,  at  lea^t 
for  a  time,  the  supreme  civil  as  well  as  military  command.  Immediately,  there 
fore,  on  becoming  commander-in-chief  in  St.  Domingo,  he  adopted  measures 
for  removing  all  obstructions  to  the  exercise  of  his  authority.  General  Ro- 
chambcau  had  been  sent  from  France  with  a  military  command  similar  to  that 
which  Laveaux  had  held ;  but  finding  himself  a  mere  cipher,  he  became  un 
ruly,  and  Toussaint  instantly  sent  him  home.  Santhonax,  the  commissioner, 
too,  was  an  obstacle  in  the  way ;  and  Toussaint,  after  taking  the  precaution  of 
ascertaining  that  he  would  be  able  to  enforce  obedience,  got  rid  of  him  by  the 
delicate  pretext  of  making  him  the  bearer  of  dispatches  to  the  Directory 
Along  with  Santhonax,  several  other  officious  personages  were  sent  to  France; 
the  only  person  of  any  official  consequence  who  was  retained  being  the  com 
missioner  Raymond,  who  was  a  mulatto,  and  might  be  useful.  As  these  meas 
ures,  however,  might  draw  down  the  vengeance  of  the  Directory,  if  not  accom 
panied  by  some  proofs  of  good-will  to  France,  Toussaint  sent  two  of  his  sons 
to  Paris  to  be  educated,  assuring  the  Directory  at  the  same  time  that,  in  re 
moving  Santhonax  and  his  coadjutors,  he  had  been  acting  for  the  best  interests 
of  the  colony.  "I  guarantee,"  he  wrote  to  the  Directory,  "on  my  own  per 
sonal  responsibility,  the  orderly  behavior  and  the  good-will  to  France  of  my 


272  SLAVERY  IN  ST.  DOMINGO. 

brethren  the  blacks.  You  may  depend,  citizen  directors,  on  happy  results ; 
and  you  shall  soon  see  whether  I  engage  in  vain  my  credit  and  your  hopes." 

The  people  of  Paris  received  with  a  generous  astonishment  the  intelligence 
of  the  doings  of  the  negro  prodigy,  and  the  interest  they  took  in  the  novelty 
of  the  case  prevented  them  from  being  angry.  The  Directory,  however,  judged 
it  prudent  to  send  out  General  Hedouville,  an  able  and  moderate  man,  to  su 
perintend  Toussaint's  proceedings,  and  restrain  his  boldness. 

The  evacuation  of  St.  Domingo  by  the  English  in  1798,  did  not  remove  all 
Toussaint's  difficulties.  The  mulattoes,  influenced  partly  by  a  rumor  that  the 
French  Directory  meditated  the  reestablishment  of  the  exploded  distinction  of 
color,  partly  by  a  jealous  dislike  to  the  ascendency  which  a  pure  negro  had 
gained  in  the  colony,  rose  in  insurrection  under  the  leadership  of  Rigaud  and 
Petion,  two  able  and  educated  mulattoes.  The  insurrection  was  formidable  ; 
but,  by  a  judicious  mingling  of  severity  with  caution,  Toussaint  quelled  it,  re 
ducing  Rigaud  and  Petion  to  extremities  ;  and  the  arrival  of  a  deputation  from 
France  in  the  year  1799,  bringing  a  confirmation  of  his  authority  as  comman- 
der-in-chief  in  St.  Domingo  by  the  man  who,  under  the  title  of  first  consul, 
had  superseded  the  Directory,  and  now  swayed  the  destinies  of  France,  ren 
dered  his  triumph  complete.  Petion  and  Rigaud,  deserted  by  their  adherents, 
and  despairing  of  any  further  attempt  to  shake  Toussaint's  power,  embarked 
for  France. 

Confirmed  by  Bonaparte  in  the  powers  which  he  had  for  some  time  been 
wielding  in  the  colony  with  such  good  effect,  Toussaint  now  paid  exclusive  at 
tention  to  the  internal  affairs  of  the  island.  In  the  words  of  a  French  biog 
rapher,  "  he  laid  the  foundation  of  a  new  state  with  the  foresight  of  a  mind 
that  could  discern  what  would  decay  and  what  would  endure.  St.  Domingo 
rose  from  its  ashes ;  the  reign  of  law  and  justice  was  established ;  those  who 
had  been  slaves  were  now  citizens.  Religion  again  reared  her  altars  ;  and  on 
the  sites  of  ruins  were  built  new  edifices."  Certain  interesting  particulars  are 
also  recorded,  which  give  us  a  better  idea  of  his  habits  and  the  nature  of  his 
government  than  these  general  descriptions.  To  establish  discipline  among  his 
black  troops,  he  gave  all  his  superior  officers  the  power  of  life  and  death  over 
the  subalterns :  every  superior  officer  "commanded  with  a  pistol  in  his  hand." 
In  all  cases  where  the  original  possessors  of  estates  which  had  fallen  vacant  in 
the  course  of  the  troubles  of  the  past  nine  years  could  be  traced,  they  were  in 
vited  to  return  and  resume  their  property.  Toussaint's  great  aim  was  to  ac 
custom  the  negroes  to  industrial  habits.  It  was  only  by  diligent  agriculture, 
he  said,  that  the  blacks  could  ever  raise  themselves.  Accordingly,  while  every 
trace  of  personal  slavery  was  abolished,  he  took  means  to  compel  the  negroes 
to  work  as  diligently  as  ever  they  had  done  under  the  whip  of  their  overseers. 
All  those  plantations  the  proprietors  of  which  did  not  reappear,  were  lotted 
out  among  the  negroes,  who,  as  a  remuneration  for  their  labor,  received  one- 
third  of  the  produce,  the  rest  going  to  the  public  revenue.  There  were  as  yet 
no  civil  or  police  courts  which  could  punish  idleness  or  vagrancy,  but  the  same 
purpose  was  served  by  courts-martial.  The  ports  of  the  island  were  opened 


,. 
THE  REVOLUTIONS.  273 

to  foreign  vessels,  and  every  encouragement  held  out  to  traffic.  In  consequence 
of  these  arrangements,  a  most  surprising  change  took  place  :  the  plantations 
were  again  covered  with  crops  ;  the  sugar-houses  and  distilleries  were  re-built ; 
the  export  trade  began  to  revive ;  and  the  population,  orderly  and  well-behaved, 
began  to  increase.  In  addition  to  these  external  evidences  of  good  govern 
ment,  the  island  exhibited  those  finer  evidences  which  consist  in  mental  culture 
and  the  civilization  of  manners.  Schools  were  established,  and  books  became 
common  articles  in  the  cottages  of  the  negro  laborers.  Music  and  the  theatr 
were  encouraged ;  and  public  worship  was  conducted  with  all  the  usual  pomp 
of  the  Romish  church.  The  whites,  the  mulattoes,  and  the  blacks  mingled  in 
the  same  society,  and  exchanged  with  each  other  all  the  courtesies  of  civilized 
intercourse.  The  commander-in-chief  himself  set  the  example  by  holding  pub 
lic  levees,  at  which,  surrounded  by  his  officers,  he  received  the  visits  of  the 
principal  colonists ;  and  his  private  parties,  it  is  said,  "  might  have  vied  with 
the  best  regulated  societies  of  Paris." 

Successful  in  all  his  schemes  of  improvement,  Toussaint  had  only  one  serious 
cause  for  dread.  While  he  admired,  and,  it  may  be,  imitated  Napeoleon  Bo 
naparte,  he  entertained  a  secret  fear  of  the  projects  of  that  great  general.  Al 
though  Bonaparte,  as  first  consul,  had  confirmed  him  in  his  command,  several 
circumstances  had  occurred  to  excite  alarm.  He  had  sent  two  letters  to  Bo 
naparte,  both  headed,  "  The  First  of  the  Blacks  to  the  First  of  the  Whites," 
one  of  which  announced  the  complete  pacification  of  the  island,  and  requested 
the  ratification  of  certain  appointments  which  he  had  made,  and  the  other  ex 
plained  his  reasons  for  cashiering  a  French  official ;  bat  to  these  letters  Bona 
parte  had  not  deigned  to  return  an  answer.  Moreover,  the  representatives 
from  St.  Domingo  had  been  excluded  from  the  French  senate  ;  and  rumors  had 
reached  the  island  that  the  first  consul  meditated  the  reestablishment  of  slavery. 
Toussaint  thought  it  advisable  in  this  state  of  matters  to  be  beforehand  with 
the  French  consul  in  forming  a  constitution  for  the  island,  to  supersede  the  mil 
itary  government  with  which  it  had  hitherto  been  content.  A  draft  of  a  con 
stitution  was  accordingly  drawn  up  by  his  directions,  and  with  the  assistance 
of  the  ablest  Frenchmen  in  the  island ;  and  after  being  submitted  to  an  assem 
bly  of  representatives  from  all  parts  of  St.  Domingo,  it  was  formally  published 
on  the  1st  of  July,  1801  By  this  constitution,  the  whole  executive  of  the 
island,  with  the  command  of  the  forces,  was  to  be  intrusted  to  a  governor-gen 
eral.  Toussaint  was  appointed  governor-general  for  life  ;  his  successors  were 
to  hold  office  for  five  years  each ;  and  he  was  to  have  the  power  of  nominating 
the  first  of  them.  Various  other  provisions  were  contained  in  the  constitu 
tion,  and  its  general  effect  was  to  give  St.  Domingo  a  virtual  independence, 
under  the  guardianship  of  France. 

Not  disheartened  by  the  taciturnity  of  Bonaparte,  Toussaint  again  addressed 
him  in  respectful  terms,  and  intreated  his  ratification  of  the  new  constitution. 
The  first  consul,  however,  had  already  formed  the  resolution  of  extinguishing 
Toussaint  and  taking  possession  of  St.  Domingo ;  and  the  conclusion  of  a 
treaty  of  peace  with  England  (1st  October,  1801,)  increased  his  haste  to  effec* 
18 


274  SLAVERY  IN  ST.  DOMINGO. 

the  execution  of  his  deceitful  purpose.  The  expedition  was  equipped.  It 
consisted  of  twenty-six  ships  of  war  and  a  number  of  transports,  carrying  an 
army  of  25,000  men,  the  flower  of  the  French  troops,  who  embarked  reluctant 
ly.  The  command  of  the  army  was  given  to  General  Leclerc,  the  husband  of 
Pauline  Bonaparte,  the  consul's  sister. 

The  French  squadron  reached  St.  Domingo  on  the  29th  of  January,  1802. 
"We  are  lost,"  said  Toussaint,  when  he  saw  the  ships  approach;  "all  France 
is  coming  to  St.  Domingo."  The  invading  army  was  divided  into  four  bodies. 
General  Kervesau,  with  one,  was  to  take  possession  of  the  Spanish  town  of 
St.  Domingo;  General  Rochambeau,  with  another,  was  to  inarch  on  Fort. 
Dauphin ;  General  Boudet,  with  a  third,  on  Port-au-Prince ;  and  Leclerc 
himself,  with  the  remainder,  on  Cape  Frai^ois.  In  all  quarters  the  French 
were  successful  in  effecting  a  landing.  Rochambeau,  in  landing  with  his  divis 
ion,  came  to  an  engagement  with  the  blacks  who  had  gathered  on  the  beach, 
and  slaughtered  a  great  number  of  them.  At  Cape  Francois,  Leclerc  sent  an 
intimidating  message  to  Christophe,  the  negro  whom  Toussaint  had  stationed 
there  as  commander ;  but  the  negro  replied  that  he  was  responsible  only  to 
Toussaint,  his  commander-in-chief.  Perceiving,  however,  that  his  post  was 
untenable,  owing  to  the  inclination  of  the  white  inhabitants  of  the  town  to 
admit  Leclerc,  Christophe  set  fire  to  the  houses  at  night,  and  retreated  to  the 
hills  by  the  light  of  the  conflagration,  carrying  2000  whites  with  him  as 
hostages. 

Although  the  French  had  effected  a  landing,  the  object  of  the  invasion  was 
yet  far  from  being  attained.  Toussaint  and  the  blacks  had  retired  to  the  inte 
rior,  and  in  fastnesses  where  no  military  force  could  reach  them,  they  were 
preparing  for  future  attacks. 

The  correspondence  which  Toussaint  entered  into  with  Leclerc  produced  no 
good  result,  and  the  war  began  in  earnest,  Toussaint  and  Christophe  were 
declared  outlaws,  and  battle  after  battle  was  fought  with  varying  success.  The 
mountainous  nature  of  the  interior  greatly  impeded  the  progress  of  the  French. 
The  Alps  themselves,  Leclerc  said,  were  not  nearly  so  troublesome  to  a  mili 
tary  man  as  the  hills  of  St  Domingo.  On  the  whole,  however,  the  advantage 
was  decidedly  on  the  side  of  the  French ;  and  the  blacks  were  driven  by  de 
grees  out  of  their  principal  positions.  The  success  of  the  French  was  not 
entirely  the  consequence  of  their  military  skill  and  valor ;  it  was  partly  owing 
also  to  the  effect  which  the  proclamations  of  Leclerc  had  on  the  minds  of  the 
negroes  and  their  commanders.  If  they  were  to  enjoy  the  perfect  liberty 
which  these  proclamations  promised  them,  if  they  were  to  continue  free 
men  as  they  were  now,  what  mattered  it  whether  the  French  were  in  pos 
session  of  the  island  or  not  ?  Such  was  the  general  feeling ;  and  accordingly 
many  of  Toussaint's  most  eminent  officers,  among  whom  were  Laplume  and 
Maurepas,  went  over  to  the  French.  Deserted  thus  by  many  of  his  officers 
and  by  the  great  mass  of  the  negro  population,  Toussaint,  supported  by  his 
two  bravest  and  ablest  generals,  Dessalines  and  Christophe,  still  held  out,  and 
protracted  the  war.  Dessalines,  besieged  in  the  fort  of  Crete  a  Pierrot  by 


THE  REVOLUTIONS.  275 

Leclerc  and  nearly  the  whole  of  the  French  army,  did  not  give  up  the  defense 
until  he  had  caused  the  loss  to  his  besiegers  of  about  3000  men,  including  sev 
eral  distinguished  officers ;  and  even  then,  rushing  out,  he  fought  his  way 
through  the  enemy,  and  made  good  his  retreat. 

The  reduction  of  the  fortress  of  Crete  a  Pierrot  was  considered  decisive  of 
the  fate  of  the  war ;  and  Leclerc,  deeming  dissimulation  no  longer  necessary, 
permitted  many  negroes  to  be  massacred,  and  issued  an  order  virtually  rees 
tablishing  the  power  of  the  old  French  colonists  over  their  slaves.  This  rash 
step  opened  the  eyes  of  the  negroes  who  had  joined  the  French ;  they  deserted 
in  masses ;  Toussaint  was  again  at  the  head  of  an  army :  and  Leclerc  was  in 
danger  of  losing  all  the  fruits  of  his  past  labors,  and  being  obliged  to  begin 
his  enterprise  over  again.  This  was  a  very  disagreeable  prospect;  for 
although  strong  reinforcements  were  arriving  from  France,  the  disorders  inci 
dent  to  military  life  in  a  new  climate  were  making  large  incisions  into  his 
army.  He  resolved,  therefore,  to  fall  back  on  his  former  policy ;  and  on  the 
25th  of  April,  1802,  he  issued  a  proclamation  directly  opposite  in  its  spirit  to 
his  former  order,  asserting  the  equality  of  the  various  races,  and  holding  out 
the  prospect  of  full  citizenship  to  the  blacks.  The  negroes  were  again  de 
ceived,  and  again  deserted  Toussaint,  Christophe,  too,  despairing  of  any 
farther  success  against  the  French,  entered  into  negotiation  with  Leclerc, 
securing  as  honorable  terms  as  could  be  desired.  The  example  of  Christophe 
was  imitated  by  Dessalines,  and  by  Paul  L'Ouverture,  Toussaint's  brother. 
Toussaint,  thus  left  alone,  was  obliged  to  submit ;  and  Christophe,  in  securing 
good  terms  for  himself,  had  not  neglected  the  opportunity  of  obtaining  similar 
advantages  for  his  commander-in-chief.  On  the  1st  of  May,  1802,  a  treaty 
was  concluded  between  Leclerc  and  Toussaint  L'Ouverture,  the  conditions  of 
which  were,  that  Toussaint  should  continue  to  govern  St.  Domingo  as  hitherto, 
Leclerc  acting  only  in  the  capacity  of  French  deputy,  and  that  all  the  officers 
in  Toussaint's  army  should  be  allowed  to  retain  their  respective  ranks.  "  I 
swear,"  added  Leclerc,  "before  the  Supreme  Being,  to  respect  the  liberty  of 
the  people  of  St.  Domingo."  Thus  the  war  appeared  to  have  reached  a  happy 
close  ;  the  whites  and  blacks  mingled  with  each  other  once  more  as  friends ; 
and  Toussaint  retired  to  one  of  his  estates  near  Gondives,  to  lead  a  life  of  quiet 
domestic  enjoyment. 

The  instructions  of  the  first  consul,  however,  had  been  precise,  that  the  ne 
gro  chief  should  be  sent  as  a  prisoner  to  France.  Many  reasons  recommended 
such  a  step  as  more  likely  than  any  other  to  break  the  spirit  of  independence 
among  the  blacks,  and  rivet  the  French  power  on  the  island.  The  expedition 
had  been  one  of  the  most  disastrous  that  France  had  ever  undertaken.  A 
pestilence  resembling  the  yellow  fever,  but  more  fatal  and  terrible  than  even 
that  dreadful  distemper,  had  swept  many  thousands  of  the  French  to  their  graves. 
"What  with  the  ravages  of  the  plague,  and  the  losses  in  war,  it  was  calculated 
that  30,000  men,  1,500  officers  of  various  ranks,  among  whom  were  fourteen 
generals,  and  700  physicians  and  surgeons,  perished  in  the  expedition. 

It  is  our  melancholy  duty  now  to  record  one  of  the  blackest  acts  committed 


276  SLAVERY  IN  ST.  DOMINGO. 

by  Napoleon.  Agreeably  to  his  orders,  the  person  of  Toussaint  was  treacher 
ously  arrested,  while  residing  peacefully  in  his  house  near  Gonaives.  Two  ne 
gro  chiefs  who  endeavored  to  rescue  him  were  killed  on  the  spot,  and  a  large  num 
ber  of  his  friends  were  at  the  same  time  made  prisoners.  The  fate  of  many 
of  these  was  never  known ;  but  Toussaint  himself,  his  wife,  and  all  his  family, 
were  carried  at  midnight  on  board  the  Hero  man-of-war,  then  in  the  harbor, 
which  immediately  set  sail  for  France.  After  a  short  passage  of  twenty-five 
days,  the  vessel  arrived  at  Brest  (June  1802);  and  here  Toussaint  took  his 
last  leave  of  his  wife  and  family.  They  were  sent  to  Bayonne ;  but  by  the 
orders  of  the  first  consul,  he  was  carried  to  the  chateau  of  Joux,  in  the  east  of 
France,  among  the  Jura  mountains.  Placed  in  this  bleak  and  dismal  region, 
so  different  from  the  tropical  climate  to  which  he  had  been  accustomed,  his  suffer 
ings  may  easily  be  imagined.  Not  satisfied,  however,  with  confining  his  un 
happy  prisoner  to  the  fortress  generally,  Bonaparte  enjoined  that  he  should  be 
secluded  in  a  dungeon,  and  denied  anything  beyond  the  plainest  necessaries  of 
existence.  For  the  first  few  months  of  his  captivity,  Toussaint  was  allowed 
to  be  attended  by  a  faithful  negro  servant ;  but  at  length  this  single  attendant 
was  removed,  and  he  was  left  alone  in  his  misery  and  despair.  It  appears  a 
rumor  had  gone  abroad  that  Toussaint,  during  the  war  in  St.  Domingo,  had 
buried  a  large  amount  of  treasure  in  the  earth ;  and  during  his  captivity  at 
Joux,  an  officer  was  sent  by  the  first  consul  to  interrogate  him  respecting  the 
place  where  he  had  concealed  it.  "  The  treasures  I  have  lost,"  said  Toussaint, 
"are  not  those  which  you  seek."  After  an  imprisonment  of  ten  months  he 
was  found  dead  in  his  dungeon  on  the  27th  of  April,  1803.  He  was  sitting 
at  the  side  of  the  fire-place,  with  his  hands  resting  on  his  legs,  and  his  head 
drooping.  The  account  given  at  the  time  was,  that  he  had  died  of  apoplexy ; 
but  some  authors  have  not  hesitated  to  ascribe  it  to  less  natural  circumstances. 
"  The  governor  of  the  fort,"  observes  one  French  writer,  "  made  two  excur 
sions  to  Neufchatel,  in  Switzerland.  The  first  time,  he  left  the  keys  of  the 
dungeons  with  a  captain  whom  he  chose  to  act  for  him  during  his  absence. 
The  captain  accordingly  had  occasion  to  visit  Toussaint,  who  conversed  with 
him  about  his  past  life,  and  expressed  his  indignation  at  the  design  imputed  to 
him  by  the  first  consul,  of  having  wished  to  betray  St.  Domingo  to  the  Eng 
lish.  As  Toussaint,  reduced  to  a  scanty  farinaceous  diet,  suffered  greatly  from 
the  want  of  coffee,  to  which  he  had  been  accustomed,  the  captain  generously 
procured  it  for  him.  The  first  absence  of  the  governor  of  the  fort,  however, 
was  only  an  experiment.  It  was  not  long  before  he  left  the  fort  again,  and 
this  time  said,  with  a  mysterious,  unquiet  air  to  the  captain,  '  I  leave  you  in 
charge  of  the  fort,  but  I  do  not  give  you  the  keys  of  the  dungeons ;  the  pris 
oners  do  not  require  anything.'  Four  days  after  he  returned,  and  Toussaint 
was  dead — starved."  According  to  another  account,  this  miserable  victim  of 
despotism,  and  against  whom  there  was  no  formal  or  reasonable  charge,  was 
poisoned ;  but  this  rests  on  no  credible  testimony,  and  there  is  reason  to  believe 
that  Toussaint  died  a  victim  only  to  the  severities  of  confinement  in  this  inhos- 


*  * 

THE  DEVOLUTIONS.  277 

pitable  prison.  This  melancholy  termination  to  his  sufferings  took  place  when 
he  was  sixty  years  of  age. 

The  forcible  suppression  of  Toussaint's  government,  and  his  treacherous  re 
moval  from  the  island,  did  not  prove  a  happy  stroke  of  policy ;  and  it  would 
have  been  preferable  for  France  to  have  at  once  established  the  independence 
of  St.  Domingo,  than  to  have  entered  on  the  project  of  resuming  it  as  a  de 
pendency  on  the  old  terms.  Leclerc,  with  all  the  force  committed  to  his  care 
by  Bonaparte,  signally  failed  in  his  designs.  The  contemptuous  and  cruel 
manner  in  which  the  blacks  were  generally  treated,  and  the  attempts  made  to 
restore  them  as  a  class  to  slavery,  provoked  a  wide-spread  insurrection.  Tous- 
sant's  old  friends  and  generals,  Dessalines,  Christophe,  Clerveaux,  and  others, 
rose  in  arms.  Battle  after  battle  was  fought,  and  all  the  resources  of  Euro 
pean  military  skill  were  opposed  to  the  furious  onsets  of  the  negro  masses. 
All  was  in  vain :  before  October,  the  negroes,  under  the  command  of  Dessa 
lines  and  Christophe,  had  driven  the  French  out  of  Fort  Dauphin,  Port  de 
Paix,  and  other  important  positions.  In  the  midst  of  these  calamities,  that 
is,  on  the  1st  of  November,  1802,  Leclerc  died,  and  Pauline  Bonaparte  re 
turned  to  France  with  his  body.  Leclerc  was  succeeded  in  the  command  by 
Rochambeau,  a  determined  enemy  of  the  blacks.  Cruelties  such  as  Leclerc 
shrunk  from  were  now  employed  to  assist  the  French  arms ;  unoffending  negroes 
were  slaughtered ;  and  bloodhounds  were  imported  from  Cuba  to  chase  the  ne 
gro  fugitives  through  the  forests.  Rochambeau,  however,  had  a  person  to  deal 
with  who  was  capable  of  repaying  cruelty  with  cruelty.  Dessalines,  who  had 
assumed  the  chief  command  of  the  insurgents,  was  a  man  who,  to  great  mili 
tary  talents  and  great  personal  courage,  added  a  ferocious  and  sanguinary  dis 
position.  Hearing  that  Rochambeau  had  ordered  500  blacks  to  be  shot  at 
the  Cape,  he  selected  500  French  officers  and  soldiers  from  among  his  prison 
ers,  and  had  them  shot  by  way  of  reprisal.  To  complete  the  miseries  of  the 
French,  the  mulattoes  of  the  south  now  joined  the  insurrection,  and  the  war 
between  France  and  England  having  recommenced,  the  island  was  blockaded 
by  English  ships,  and  provisions  began  to  fail.  In  this  desperate  condition, 
after  demanding  assistance  from  the  mother  country,  which  could  not  be  grant 
ed,  Rochambeau  negotiated  with  the  negroes  and  the  English  for  the  evacua 
tion  of  the  island ;  and  towards  the  end  of  November,  1803,  all  the  French 
troops  left  St.  Domingo. 

On  the  departure  of  the  French,  Dessalines,  Christophe,  and  the  other  gen 
erals  proclaimed  the  independence  of  the  island  "  in  the  name  of  the  blacks 
and  the  people  of  color."  At  the  same  time  they  invited  the  return  of  all 
whites  who  had  taken  no  part  in  the  war ;  but,  added  they,  "  if  any  of  those 
who  imagined  they  would  restore  slavery  return  hither,  they  shall  meet  with 
nothing  but  chains  and  deportation."  On  the  first  of  January,  1804,  at  an 
assembly  of  the  generals  and  chiefs  of  the  army,  the  independence  of  the 
island  was  again  solemnly  declared,  and  all  present  bound  themselves  by  an 
oath  to  defend  it.  At  the  same  time,  to  mark  their  formal  renunciation  of 
all  connection  with  France,  it  was  resolved  that  the  name  of  the  island  be 


278  SLAVERY  IN  ST.  DOMINGO. 

changed  from  St.  Domingo  to  Hayti,  the  name  given  to  it  by  its  original  In 
dian  inhabitants.  Jean  Jacques  Dessalines  was  appointed  governor-general 
for  life,  with  the  privilege  of  nominating  his  successor. 

The  rule  of  Dessalines  was  a  sanguinary,  but,  on  the  whole,  a  salutary  one. 
He  began  his  government  by  a  treacherous  massacre  of  nearly  all  the  French 
who  remained  in  the  island  trusting  to  his  false  promises  of  protection.  All 
other  Europeans,  however,  except  the  French,  were  treated  with  respect. 
Dessalines  encouraged  the  importation  of  Africans  into  Hayti,  saying  that 
since  they  were  torn  from  their  country,  it  was  certainly  better  that  they  should 
be  employed  to  recruit  the  strength  of  a  rising  nation  of  blacks,  than  to  serve 
the  whites  of  all  countries  as  slaves.  On  the  8th  of  October,  1804,  Dessa 
lines  exchanged  his  plain  title  of  governor-general  for  the  more  pompous  one 
of  emperor.  He  was  solemnly  inaugurated  under  the  name  of  James  I.,  em 
peror  of  Hayti ;  and  the  ceremony  of  his  coronation  was  accompanied  by  the 
proclamation  of  a  new  constitution,  the  main  provisions  of  which  were  exceed 
ingly  judicious.  All  Haytian  subjects,  of  whatever  color,  were  to  be  called 
blacks,  entire  religious  toleration  was  decreed,  schools  were  established,  pub 
lic  worship  encouraged,  and  measures  adopted  similar  to  those  which  Toussaint 
had  employed  for  creating  and  fostering  an  industrial  spirit  among  the  negroes. 
As  a  preparation  for  any  future  war,  the  interior  of  the  island  was  extensively 
planted  with  yams,  bananas,  and  other  articles  of  food,  and  many  forts  built 
in  advantageous  situations.  Under  these  regulations  the  island  again  began 
to  show  symptoms  of  prosperity.  Dessalines  was  a  man  in  many  respects 
fitted  to  be  the  first  sovereign  of  a  people  rising  out  of  barbarism.  Born  the 
slave  of  a  negro  mechanic,  he  was  quite  illiterate,  but  had  great  natural  abil 
ities,  united  to  a  very  ferocious  temper.  His  wife  was  one  of  the  most  beau 
tiful  and  best  educated  negro  women  in  Hayti.  A  pleasant  trait  of  his  char 
acter  is  his  seeking  out  his  old  master  after  he  became  emperor,  and  majdng 
him  his  butler.  It  was,  he  said,  exactly  the  situation  the  old  man  wished  to 
fill,  as  it  afforded  him  the  means  of  being  always  drunk.  Dessalines  himself 
drank  nothing  but  water.  For  two  years  this  negro  continued  to  govern  the 
island ;  but  at  length  his  ferocity  provoked  his  mulatto  subjects  to  form  a  con 
spiracy  against  him,  and  on  the  17th  of  October,  T806,  he  was  assassinated  by 
the  soldiers  of  Petion,  who  was  his  third  in  command. 

On  the  death  of  Dessalines,  a  schism  took  place  in  the  island.  Christophe, 
who  had  been  second  in  command,  assumed  the  government  of  the  northern 
division  of  the  island,  the  capital  of  which  was  Cape  Fran9ois ;  and  Petion, 
the  mulatto  general,  assumed  the  government  of  the  southern  division,  the 
capital  of  which  was  Port-au-Prince.  For  several  years  a  war  was  carried  on 
between  the  two  rivals,  each  endeavoring  to  depose  the  other,  and  become 
chief  of  the  whole  of  Hayti ;  but  at  length  hostilities  ceased,  and  by  a  tacit 
agreement,  Petion  came  to  be  regarded  as  legitimate  governor  of  the  south 
and  west,  where  the  mulattoes  were  most  numerous ;  and  Christophe  as  legit 
imate  governor  in  the  north,  where  the  population  consisted  chiefly  of  blacks. 
Christophe,  trained,  like  Dessalines,  in  the  school  of  Toussaiiit  L'Ouverture 


THE  REVOLUTIONS.  279 

was  a  slave  born,  and  an  able  as  well  as  a  benevolent  man ;  but,  like  most  of 
the  negroes  who  had  arrived  at  his  period  of  life,  he  had  not  had  the  benefit 
of  any  systematic  education.  Petion,  on  the  other  hand,  had  been  educated 
in  the  military  academy  of  Paris,  and  was  accordingly  as  accomplished  and 
well-instructed  as  any  European  officer.  The  title  with  which  Petion  was  in 
vested,  was  that  of  president  of  the  republic  of  Hayti;  the  southern  and 
western  districts  preferring  the  republican  form  of  government.  For  some 
time  Christophe  bore  the  simple  title  of  chief  magistrate,  and  was  in  all  re 
spects  the  president  of  a  republic  like  Petion ;  but  the  blacks  have  always 
shown  a  liking  for  the  monarchical  form  of  government ;  and  accordingly,  on 
the  2d  of  June,  1811,  Christophe,  by  the  desire  of  his  subjects,  assumed  the 
regal  title  of  Henry  I.,  king  of  Hayti.  The  coronation  was  celebrated  in  the 
most  gorgeous  manner ;  and  at  the  same  time  the  creation  of  an  aristocracy 
took  place,  the  first  act  of  the  new  sovereign  being  to  name  four  princes,  seven 
dukes,  twenty-two  counts,  thirty  barons,  and  ten  knights. 

Both  parts  of  the  island  were  well  governed,  and  rapidly  advanced  in  pros 
perity  and  civilization.  On  the  restoration  of  the  Bourbons  to  the  French 
throne,  some  hope  seems  to  have  been  entertained  in  France  that  it  might  be 
possible  yet  to  obtain  a  footing  in  the  island,  and  commissioners  were  sent  out 
to  collect  information  respecting  its  condition ;  but  the  conduct  both  of  Chris 
tophe  and  Petion  was  so  firm,  that  the  impossibility  of  subverting  the  inde 
pendence  of  Hayti  became  manifest.  The  island  was  therefore  left  in  the 
undisturbed  possession  of  the  blacks  and  mulattoes.  In  1818  Petion  died, 
and  was  succeeded  by  General  Boyer,  a  mulatto  who  had  been  in  France,  and 
had  accompanied  Leclerc  in  his  expedition.  In  1820,  Christophe  having 
become  involved  in  differences  with  his  subjects,  shot  himself;  and  the  two 
parts  of  the  island  were  then  reunited  under  the  general  name  of  the  republic 
of  Hayti,  General  Boyer  being  the  first  president.  In  the  following  year,  the 
Spanish  portion  of  the  island,  which  for  a  long  time  had  been  in  a  languishing 
condition,  voluntarily  placed  itself  under  the  government  of  Boyer,  who  thus 
became  the  head  of  a  republic  including  the  entire  island  of  St.  Domingo.  In 
1825,  a  treaty  was  concluded  between  President  Boyer  and  Charles  X.  of 
France,  by  which  France  acknowledged  the  independence  of  Hayti,  in  consid- 
ertion  of  150  millions  of  francs  (£6,000,000  sterling,)  to  be  paid  by  the  island 
in  five  annual  instalments,  as  a  compensation  for  the  losses  sustained  by  the 
French  colonists  during  the  revolution.  The  first  instalment  was  paid  in  1836; 
but  as  it  was  found  impossible  to  pay  the  remainder,  the  terms  of  the  agree 
ment  were  changed  in  1838,  and  France  consented  to  accept  60  millions  of 
f.-ancs  (£2,400,000,)  to  be  liquidated  in  six  instalments  before  the  year  186Y 

As  the  engagements  which  Boyer  had  entered  into  with  the  French  in 
creased  the  taxation  and  bore  hard  upon  the  population,  an  insurrection  broke 
wt  against  his  authority  in  May,  1838.  This  was  suppressed,  but  was  fol 
lowed  by  repeated  collisions  between  the  president  and  the  representative  body. 
fn  1842  a  revolution  broke  out  and  President  Boyer  was  compelled  to  flee  to 
Jamaica;  and  in  1844  the  inhabitants  of  the  Spanish  portion  rose,  overpow- 


280  AFRICAN  SLAVE  TRADE. 

ered  their  Haytian  oppressors,  and  formed  themselves  into  a  republic,  under 
the  name  of  Santo  Domingo.  After  various  individuals  had,  for  a  short 
period,  occupied  the  presidential  chair  of  the  Haytian  republic,  the  election 
fell  upon  General  Soulouque,  who,  in  1849,  made  an  unsuccessful  attempt  to 
subjugate  the  Dominican  republic.  In  the  latter  part  of  the  same  year,  how 
ever,  he  ascended  the  throne  of  the  Haytian  republic,  under  the  title  of  Em 
peror  Faustin  I.  The  independence  of  the  Dominican  republic  was  virtually 
recognized  by  Great  Britain,  by  the  appointment  of  a  consul  to  it,  in  1849  ; 
and  it  was  formally  recognized  by  a  treaty  of  amity  and  commerce,  ratified 
September  10,  1850.  It  has  also  been  recognized  by  France  and  Denmark  ; 
but  the  Emperor  Faustin  I.  (Soulouque)  still  refused  to  recognize  its  inde 
pendence. 

The  present  population  of  the  whole  island  is  estimated  at  950,000.  The 
effective  force  of  the  Haytian  army  is  estimated  at  40,000  men,  and  that  of  the 
navy  15  small  vessels  and  1000  men.  Hayti  now  possesses  an  established 
system  of  government,  an  established  system  of  education,  a  literature,  com 
merce,  manufactures,  a  rich  and  cultivated  class  in  society.  In  the  short  space 
of  half  a  century,  it  has  raised  itself  from  the  depths  and  degradation  of  ser 
vitude  to  the  condition  of  a  flourishing  and  respectable  state.  Slavery  has 
been  eradicated  in  the  new  world  from  the  very  spot  of  its  origin. 


CHAPTER  XVII. 

AFRICAN  SLAVE  TRADE  AFTER  ITS  NOMINAL  ABOLITION. 

State  of  the  slave-trade  since  its  nominal  abolition. — Numbers  imported  and  losses  ou 
the  passage. — Increased  horrors  of  the  trade. — Scenes  on  board  a  captured  slaver  in 
Sierra  Leone. — The  Progresso. — Walsh's  description  of  a  slaver  in  1829. — The  trade 
in  1820. — The  slave-trade  in  Cuba — officers  of  government  interested  in  it. — Efforts  of 
Spain  insincere. — Slave  barracoons  near  Governor's  palace — conduct  of  the  inmates. 
The  Bozals. — Bryan  Edwards'  description  of  natives  of  Gold  Coast — their  courage  and 
endurance. — Number  of  slaves  landed  at  Rio  in  1838 — barracoons  at  Rio — government 
tax. — Slave-trade  Insurance — Courts  of  Mixed  Commission — their  proceedings  at  Sierra 
Leone  in  1838. — Joint  stock  slave-trade  companies  at  Rio. — The  Cruisers — intercepted 
letters. — Mortality  of  the  trade. — Abuses  of  the  American  flag. — Consul  Trist  and 
British  commissioners. — Correspondence  of  American  Ministers  to  Brazil,  Mr.  Todd, 
Mr.  Proffit,  Mr.  Wise. — Extracts  from  Parliamentary  papers. — Full  list  of  Conventions 
and  Treaties  made  by  England  for  suppression  of  Slave-trade. 


T 


0  import  negroes  as  slaves  from  Africa  is  now  illegal,  according  to  the  laws 
of  civilized  nations.  Those  nations  which  keep  up  slavery,  such  as  Brazil, 
Cuba  and  the  United  States,  are  supposed  to  breed  all  the  slaves  they  require, 
within  their  own  territories.  But  such  is  not  the  fact.  The  slave-trade  is  not 
yet  suppressed ;  and  the  immese  labors  of  philanthropists  and  statesmen,  the 
struggles  and  negotiations  of  half  a  century,  have  not  been  crowned  with  per 


I 

THE  ILLEGAL  TRAFFIC.  281 

feet  success.  It  is  stated,  upon  good  authority,  that  in  1844,  more  slaves  were 
carrid  away  from  Africa  in  ships  than  in  1744,  when  the  trade  was  legal  and 
in  full  vigor.  The  legal  trade,  pursued  openly,  has  been  changed  into  a  con 
traband  trade,  pursued  secretly ;  and  the  profits,  determined  from  a  number  of 
random  cases,  have  averaged  from  180  to  200  per  cent.  Accordingly,  a  vigor 
ous  traffic  has  been  carried  on  by  French,  Spanish,  Portuguese,  British  and 
American  crews.  Spaniards  and  Portuguese,  however,  predominate,  and  the 
wages  are  large.  They  carry  their  cargoes  to  Brazil,  Cuba,  Porto  Rico,  &c. ; 
and  it  has  been  charged  that  some  are  landed  secretly  in  the  United  States,  as 
there  are  slaves  in  the  extreme  southern  States  who  cannot  speak  English. 
But  Brazil  and  Cuba  are  the  principal  slave-importing  countries.  Sir  Powell 
Buxton,  in  1835,  calculated  that  "Brazil  imports  annually  about  80,000,  and 
Cuba  about  60,000  slaves.  If  we  add  10,000  for  all  other  places,  the  annual 
delivery  of  negroes  into  the  slave-using  countries  of  America  will  amount  to 
150,000."  Africa,  however,  loses  far  more  than  America  gains.  According 
to  his  estimates,  the  whole  wastage  or  tare  of  the  traffic  is  seven-tenths ; 
that  is  to  say,  for  every  ten  negroes  whom  Africa  parts  with,  America  receives 
only  three ;  the  other  seven  die.  This  enormous  wastage  may  be  divided  into 
three  portions — the  wastage  in  the  journey  from  the  interior  of  Africa  to  the 
coast,  the  wastage  in  the  passage  across  the  Atlantic,  and  the  wastage  in  the 
process  of  seasoning  after  landing.  The  first  is  estimated  at  one-half  of  the 
original  number  brought  from  the  interior,  the  second  at  one-fourth  of  the 
number  shipped,  and  the  third  at  one-fifth  of  the  number  landed.  In  other 
words,  if  400,000  negroes  are  collected  in  the  interior  of  Africa,  then  of  these 
one-half  will  die  before  reaching  the  coast,  leaving  only  200,000  to  be  shipped; 
of  these  one-fourth  will  die  in  the  passage  across  the  Atlantic,  leaving  only 
150,000  to  be  landed ;  and  of  these  one-fifth  will  die  in  the  process  of  season 
ing,  leaving  only  120,000  available  for  labor  in  America. 

While  the  trade  was  legal,  the  ships  designed  for  carrying  slaves  were,  in  a 
great  measure,  constructed  like  other  vessels ;  though,  in  order  to  make  the 
cargo  as  large  as  possible,  the  negroes  were  packed  very  closely  together.  The 
number  of  negroes  which  a  vessel  was  allowed  to  carry  was  fixed  by  law. 
British  vessels  of  150  tons  and  under,  were  not  to  carry  more  than  five  slaves 
to  every  three  tons  of  measurement.  In  1789,  a  parliamentary  committee  en 
gaged  in  inquiries  connected  with  Sir  W.  Dolben's  bill,  found,  by  actual  meas 
urement  of  a  slave  ship,  that,  allowing  every  man  six  feet  by  one  foot  four 
inches,  every  woman  five  feet  by  one  foot  four  inches,  every  boy  five  feet  by 
one  foot  two  inches,  and  every  girl  four  feet  six  inches  by  one  foot,  the  ship 
would  hold  precisely  450  negroes.  The  actual  number  carried  was  454  ;  and 
in  previous  voyages  she  had  carried  more.  This  calculation,  illustrated  as  it 
was  by  an  engraving,  caused  an  immense  sensation  at  the  time,  and  assisted  in 
mitigating  the  miseries  of  the  passage.  In  order  to  escape  the  cruisers,  all 
slave  ships  now  are  built  on  the  principle  of  fast  sailing.  The  risk  of  being 
captured  takes  away  all  inducement,  from  mere  selfish  motives,  to  make  the 
cargo  moderate ;  on  the  contrary,  it  is  an  object  now  to  make  the  cargo  as 


282  THE  SLAVE  TRADE. 

large  as  possible,  for  then  the  escape  of  one  cargo  out  of  three  will  amply  re 
pay  the  dealer.  Accordingly,  the  negroes  now  are  packed  in  the  slave  ships 
literally  (and  this  is  the  comparison  always  used)  like  herring  in  a  barrel. 
They  have  neither  standing  room,  nor  sitting  room,  nor  lying  room  ;  and  as 
for  change  of  position  during  the  voyage,  the  thing  is  impossible.  They  are 
cooped  up  anyhow,  squeezed  into  crevices,  or  jammed  up  against  the  curved 
planks.  The  following  is  a  brief  description  given  by  an  eye-witness  of  tho 
unloading  of  a  captured  slaver  which  had  been  brought  into  Sierra  Leone  : 
"The  captives  were  now  counted;  their  numbers,  sex,  and  age,  written  down, 
for  the  information  of  the  court  of  mixed  commission.  The  task  was  repulsive. 
As  the  hold  had  been  divided  for  the  separation  of  the  men  and  the  women, 
those  on  deck  were  first  counted ;  they  were  then  driven  forward,  crowded  as 
much  as  possible,  and  the  women  were  drawn  up  through  the  small  hatchway 
from  their  hot,  dark  confinement.  A  black  boatswain  seized  them  one  by  one, 
dragging  them  before  us  for  a  moment,  when  the  proper  officer,  on  a  glance, 
decided  the  age,  whether  above  or  under  fourteen ;  and  they  were  instantly 
swung  again  by  their  arm  into  their  loathsome  cell,  where  another  negro  boat 
swain  sat,  with  a  whip  or  stick,  and  forced  them  to  resume  the  bent  and  pain 
ful  attitude  necessary  for  the  stowage  of  so  large  a  number.  The  unfortunate 
women  and  girls,  in  general,  submitted  with  quiet  resignation,  when  absence  of 
disease  and  the  use  of  their  limbs  permitted.  A  month  had  made  their  condi 
tion  familiar  to  them.  One  or  two  were  less  philosophical,  or  suffered  more 
acutely  than  the  rest.  Their  shrieks  rose  faintly  from  their  hidden  prison,  as 
violent  compulsion  alone  squeezed  them  into  their  nook  against  the  curve  of 
the  ship's  side.  I  attempted  to  descend  in  order  to  see  the  accommodation. 
The  height  between  the  floor  and  ceiling  was  about  twenty-two  inches.  The 
agony  of  the  position  of  the  crouching  slaves  may  be  imagined,  especially  that 
of  the  men,  whose  heads  and  necks  are  bent  down  by  the  boarding  above  them. 
Once  so  fixed,  relief,  by  motion  or  change  of  posture,  is  unattainable.  The 
body  frequently  stiffens  in  a  permanent  curve  ;  and  in  the  streets  of  Freetown 
I  have  seen  liberated  slaves  of  every  conceivable  state  of  distortion.  One  I 
remember  who  trailed  along  his  body,  with  his  back  to  the  ground,  by  means  of 
his  hands  and  ankles.  Many  can  never  resume  the  upright  posture-." 

One  item  of  the  enormous  mortality  during  the  passage  consists  of  negroes 
thrown  overboard  when  the  slaver  is  chased,  or  when  a  storm  arises.  Many 
thousands  perish  annually  in  this  way.  Very  frequently  it  is  decided,  upon 
trial,  that  the  capture  of  the  vessel  has  been  illegal ;  and  then  the  slaver  sails 
away  triumphantly,  the  poor  negroes  on  board  having  only  been  tantalized 
with  the  hope  of  freedom.  A  remarkable  case  of  this  kind  is  told  by  Mr. 
Rankin  in  his  account  of  a  visit  to  Sierra  Leone,  in  1834: 

"On  the  morning  after  my  arrival  at  Sierra  Leone,"  says  Mr.  Rankin,  "I 
was  indulging  in  the  first  view  of  the  waters  of  the  estuary  glittering  in  the 
hot  sun,  and  endeavoring  to  distinguish  from  the  many  vessels  at  anchor  the 
bark  which  had  brought  me  from  England.  Close  in-shore  lay  a  large 
schooner,  so  remarkable  from  the  low,  sharp  cot  of  her  black  hull,  and  the 


THE  SLAVE  TRADE. 

excessive  rake  of  her  masts,  that  she  seemed  amongst  the  other  craft  as  a  swallow 
seems  amongst  other  birds.  Her  deck  was  crowded  with  naked  blacks,  whose 
woolly  heads  studded  the  rail.  She  was  a  slaver  with  a  large  cargo.  la  the 
autumn  of  1833  this  schooner,  apparently  a  Brazilian,  and  named  with  the 
liberty-stirring  appellation  of  'Dona  Maria  da  Gloria,'  had  left  Loando,  on 
the  slave  coast,  with  a  few  bales  of  merchandise,  to  comply  with  the  formalities 
required  by  the  authorities  from  vessels  engaged  in  legal  traffic  ;  for  the  slave- 
trade,  under  the  Brazilian  flag,  is  now  piracy.  No  sooner  was  she  out  of  port 
than  the  real  object  of  her  voyage  declared  itself.  She  hastily  received  on 
board  four  hundred  and  thirty  negroes,  who  had  been  mustered  in  readiness, 
and  sailed  for  Rio  Janeiro.  Off  the  mouth  of  that  harbor  she  arrived  in  No 
vember,  and  was  captured  as  a  slaver  by  his  majesty's  brig  Snake.  The  case 
was  brought  in  December  before  the  court  established  there  ;  and  the  court  de 
cided  that,  as  her  Brazilian  character  had  not  been  fully  made  out,  it  was  in 
competent  to  the  final  decision  of  the  case.  It  was  necessary  to  apply  to  the 
court  of  mixed  commission  at  Sierra  Leone  for  the  purpose  of  adjudication. 
A  second  time,  therefore,  the  unfortunate  dungeon-ship  put  to  sea  with  her 
luckless  cargo,  and  again  crossed  the  Atlantic  amidst  the  horrors  of  a  two 
month's  voyage.  The  Dona  Maria  da  Gloria  having  returned  to  Africa,  cast 
anchor  at  Freetown  in  the  middle  of  February,  1834,  and  on  arrival,  found  the 
number  reduced  by  death  from  four  hundred  and  thirty  to  three  hundred  and 
thirty- five. 

"  Continuance  of  misery  for  several  months  in  a  cramped  posture,  in  a  pes 
tilential  atmosphere,  had  not  only  destroyed  many,  but  had  spread  disease 
amongst  the  survivors.  Dropsy,  eruptions,  abscesses,  and  dysentery  were 
making  ravages,  and  ophthalmia  was  general.  Until  formally  adjudicated  by 
the  court,  the  wretched  slaves  could  not  be  landed,  nor  even  relieved  from  their 
sickening  situation.  With  the  green  hills  and  valleys  of  the  colony  close  to 
them,  they  must  not  leave  their  prison.  I  saw  them  in  April ;  they  had  been 
in  the  harbor  two  months,  and  no  release  had  been  offered  them.  But  the 
most  painful  circumstance  was  the  final  decision  of  the  court.  The  slaver 
was  proved  to  have  been  sailing  under  Portuguese  colors,  not  Brazilian ;  and 
the  treaty  with  the  Portuguese  prohibits  slave  traffic  to  the  north  of  a  certain 
line  only,  whereas  the  Dona  Maria  had  been  captured  a  few  degrees  to  the 
south.  No  alternative  remained.  Her  capture  was  decided  to  have  been  ille 
gal.  She  was  formally  delivered  up  to  her  slave:captain ;  and  he  received 
from  the  British  authorities  written  orders  to  the  commanders  of  the  British 
cruisers,  guaranteeing  a  safe  and  free  passage  back  to  the  Brazils  ;  and  I  saw 
the  evil  ship  weigh  anchor  and  leave  Sierra  Leone,  the  seat  of  slave  liberation, 
with  her  large  canvas  proudly  swelling,  and  her  ensign  floating  as  if  in  con 
tempt  and  triumph.  Thus,  a  third  time  were  the  dying  wretches  carried  across 
the  Atlantic  after  seven  months'  confinement ;  few  probably  lived  through  the 
passage." 

Formerly,  the  forfeited  slave-ships  at  Sierra  Leone  used  to  be  sold ;  and 

there  were  frequent  instances  of  a  forfeited  slaver  sold  in  one  year  plying  the 

I 


284  THE  SLAVE  TRADE. 

same  trade  the  next.  With  regard  to  the  crews,  Sir  Fowell  Buxton  remarks, 
that  the  law  by  which  Great  Britain,  Brazil,  and  North  America  have  made 
slave-dealing  piracy,  and  liable  to  capital  punishment,  is,  practically,  a  dead 
letter,  there  being  no  instance  of  an  execution  for  that  crime. 

Perhaps  never  has  the  inefficacy  of  all  that  has  yet  been  done  towards  the 
suppression  of  the  slave-trade  been  more  strikingly  made  out  than  in  the  har 
rowing  pamphlet  published  by  the  Rev.  Pascoe  Grenfell  Hill,  entitled  "  Fifty 
Days  on  Board  a  Slave- Yessel  in  the  Mozambique  Channel,  in  April  and  May, 
1843."  The  Progresso,  a  Brazilian  slaver,  was  captured  on  the  12th  of  April, 
on  the  coast  of  Madagascar,  by  the  British  cruiser  Cleopatra,  on  board  of  which 
Mr.  Hill  was  chaplain.  The  slaver  was  then  taken  charge  of  by  a  British 
crew,  who  were  to  navigate  her  to  the  Cape  of  Good  Hope.  Mr.  Hill,  at  his 
own  request,  accompanied  her  ;  and  his  pamphlet  is  a  narrative  of  what  took 
place  during  the  fifty  days  which  elapsed  before  their  arrival  at  the  Cape.  We 
cannot  here  quote  the  details  of  the  description  of  the  treatment  of  the  negroes 
given  by  Mr.  Hill ;  but  the  following  account  of  the  horrors  of  a  single  night 
will  suffice.  Shortly  after  the  Progresso  parted  company  with  the  Cleopatra, 
a  squall  arose,  and  the  negroes,  who  were  breathing  fresh  air  on  deck,  and  roll 
ing  themselves  about  for  glee,  and  kissing  the  hands  and  clothes  of  their  de 
liverers,  were  all  sent  below.  "The  night,"  says  Mr.  Hill,  "being  intensely 
hot,  400  wretched  beings  thus  crammed  into  a  hold  12  yards  in  length,  7  feet 
in  breadth,  and  only  3£  feet  in  height,  speedily  began  to  make  an  effort  to 
re-issue  to  the  open  air.  Being  thrust  back,  and  striving  the  more  to  get  out, 
the  after-hatch  was  forced  down  on  them.  Over  the  other  hatchway,  in  the 
fore  part  of  the  vessel,  a  wooden  grating  was  fastened.  To  this,  the  sole  inlet 
for  the  air,  the  suffocating  heat  of  the  hold,  and  perhaps  panic  from  the  strange 
ness  of  their  situation,  made  them  press ;  and  thus  a  great  part  of  the  space 
below  was  rendered  useless.  They  crowded  to  the  grating,  and  clinging  to  it 
for  air,  completely  barred  its  entrance.  They  strove  to  force  their  way  through 
apertures  in  length  14  inches,  and  barely  6  inches  in  breadth,  and  in  some  in 
stances  succeeded.  The  cries,  the  heat — I  may  say  without  exaggeration,  '  the 
smoke  of  their  torment ' — which  ascended,  can  be  compared  to  nothing  earthly. 
One  of  the  Spaniards  gave  warning  that  the  consequence  would  be  '  many 
deaths.'"  Next  day  the  prediction  of  the  Spaniard  "was  fearfully  verified. 
Fifty-four  crushed  and  mangled  corpses  lifted  up  from  the  slave  deck  have  been 
brought  to  the  gangway  and  thrown  overboard.  Some  were  emaciated  from 
disease,  many  bruised  and  bloody.  Antonio  tells  me  that  some  were  found 
strangled,  their  hands  still  grasping  each  other's  throats,  and  tongues  protrud 
ing  from  their  mouths.  The  bowels  of  one  were  crushed  out.  They  had  been 
trampeled  to  death  for  the  most  part,  the  weaker  under  the  feet  of  the  stronger, 
in  the  madness  and  torment  of  suffocation  from  crowd  and  heat.  It  was  a 
horrid  sight  as  they  passed  one  by  one — the  stiff,  distorted  limbs  smeared  with 
blood  and  filth — to  be  cast  into  the  sea.  Some,  still  quivering,  were  laid  on 
the  deck  to  die ;  salt  water  thrown  on  them  to  revive  them,  and  a  little  fresh 
water  poured  into  their  mouths.  Antonio  reminded  me  of  his  last  night's 


THE  SLAVE  TRADE.  285 

warning.  He  actively  employed  himself,  with  his  comrade  Sebastian,  in  atten 
dance  on  the  wretched  living  beings  now  released  from  their  confinement  below ; 
distributing  to  them  their  morning  meal  of  farina,  and  their  allowance  of 
water,  rather  more  than  half  a  pint  to  each,  which  they  grasped  with  incon 
ceivable  eagerness,  some  bending  their  knees  to  the  deck,  to  avoid  the  risk  of 
losing  any  of  the  liquid  by  unsteady  footing ;  their  throats,  doubtless,  parched 
to  the  utmost  with  crying  and  yelling  through  the  night." 

On  the  12th  of  April,  when  the  Progresso  parted  company  with  the  Cleopa 
tra,  there  were  391  negroes  on  board.  Of  these  only  222  were  landed  at  the 
Cape  on  the  22d  of  May ;  no  fewer  than  175,  a  little  short  of  half,  having 
died.  Many  also  died  after  being  landed.  The  crew  escaped,  there  being  no 
court  empowered  to  try  them  at  the  Cape. 

Walsh,  in  his  notices  of  Brazil,  in  1828  and  1829,  says,  in  describing  a  slave- 
ship,  examined  by  the  English  man-of-war  in  which  he  returned  from  Brazil, 
in  May,  1829  :  "  She  had  taken  in,  on  the  coast  of  Africa,  336  males  and  226 
females,  making  in  all  562,  and  had  been  out  seventeen  days,  during  which 
she  had  thrown  overboard  fifty-five.  The  slaves  were  all  enclosed  under  grated 
hatchways,  between  decks.  The  space  was  so  low,  that  they  sat  between  each 
other's  legs,  and  stowed  so  close  together  that  there  was  no  possibility  of  their 
lying  down,  or  at  all  changing  their  position  by  night  or  day.  As  they  be 
longed  to,  and  were  shipped  on  account  of,  different  individuals,  they  were  all 
branded,  like  sheep,  with  the  owners'  marks,  of  different  forms.  These  were 
impressed  under  their  breasts,  or  on  their  arms,  and,  as  the  mate  informed  me, 
with  perfect  indifference,  '  queimados  pelo  ferro  quento — burnt  with  the  red 
hot  iron.'  Over  the  hatchway  stood  a  ferocious  looking  fellow,  with  a  scourge 
of  many  twisted  thongs  in  his  hand,  who  was  the  slave-driver  of  the  ship ;  and 
whenever  he  heard  the  slightest  noise  below,  he  shook  it  over  them,  and  seemed 
eager  to  exercise  it.  As  soon  as  the  poor  creatures  saw  us  looking  down  at 
them,  their  dark  and  melancholy  visages  brightened  up.  They  perceived  some 
thing  of  sympathy  and  kindness  in  our  looks,  which  they  had  not  been  accus 
tomed  to,  and  feeling,  instinctively,  that  we  were  friends,  they  immediately 
began  to  shout  and  clap  their  hands.  One  or  two  had  picked  up  a  few  Portu 
guese  words,  and  cried  out,  '  Viva  !  viva  /'  The  women  were  particularly  ex 
cited.  They  all  held  up  their  arms ;  and  when  we  bent  down  and  shook  hands 
with  them,  they  could  not  contain  their  delight ;  they  endeavored  to  scramble 
upon  their  knees,  stretching  up  to  kiss  our  hands ;  and  we  understood  that  they 
knew  we  had  come  to  liberate  them.  Some,  however,  hung  down  their  heads 
in  apparently  hopeless  dejection ;  some  were  greatly  emaciated,  and  some, 
particularly  children,  seemed  dying.  But  the  circumstance  which  struck  us 
most  forcibly,  was,  how  it  was  possible  for  such  a  number  of  human  beings  to 
exist,  packed  up  and  wedged  together  as  tight  as  they  could  cram,  in  low  cells, 
three  feet  high,  the  greater  part  of  which,  except  that  immediately  under  the 
grated  hatchways,  was  shut  out  from  light  or  air,  and  this  when  the  thermom 
eter,  exposed  to  the  open  sky,  was  standing  in  the  shade,  on  our  deck,  at  89°. 
The  space  between  decks  was  divided  into  two  compartments,  three  feet  three 


28G  THE  SLAVE  TRADE. 

inches  high ;  the  size  of  one  was  sixteen  feet  by  eighteen,  and  of  the  othe 
forty  by  twenty-one ;  into  the  first  were  crammed  the  women  and  girls ;  into 
the  second,  the  men  and  boys  :  226  fellow  creatures  were  thus  thrust  into  one 
space  288  feet  square,  and  336  into  another  space  800  feet  square — giving  to 
the  whole  an  average  of  twenty-three  inches,  and  to  eacn  of  tne  women  not 
more  than  thirteen  inches,  though  many  of  them  were  pregnant.  We  also 
found  manacles  and  fetters  of  different  kinds ;  but  it  appears  they  had  all  been 
taken  off  before  we  boarded.  The  heat  of  these  horrid  places  was  so  great, 
and  the  odor  so  offensive,  that  it  was  quite  impossible  to  enter  them,  even  had 
there  been  room.  They  were  measured,  as  above,  when  the  slaves  had  left 
them.  The  officers  insisted  that  the  poor  suffering  creatures  should  be  admitted 
on  deck,  to  get  air  and  water.  This  was  opposed  by  the  mate  of  the  slaver, 
who,  from  a  feeling  that  they  deserved  it,  declared  they  would  murder  them 
all.  The  officers,  however,  persisted,  and  the  poor  beings  were  all  turned  up 
together.  It  is  impossible  to  conceive  the  effect  of  this  eruption — 50T  fellow 
creatures,  of  all  ages  and  sexes,  some  children,  some  adults,  some  old  men  and 
women,  all  in  a  state  of  total  nudity,  scrambling  out  together  to  taste  the  lux 
ury  of  a  little  fresh  air  and  water.  They  came  swarming  up  like  bees  from 
the  aperture  of  a  hive,  till  the  whole  deck  was  crowded  to  suffocation,  from 
stem  to  stern ;  so  that  it  was  impossible  to  imagine  where  they  could  all  have 
come  from,  or  how  they  could  all  have  been  stowed  away.  On  looking  into 
the  places  where  they  had  been  crammed,  there  were  found  some  children  next 

,     fc* 

the  sides  of  the  ship,  in  the  places  most  remote  from  light  and  air ;  they  were 
lying  nearly  in  a  torpid  state,  after  the  rest  had  turned  out.  The  little  crea 
tures  seemed  indifferent  as  to  life  or  death ;  and  when  they  were  carried  on 
deck,  many  of  them  could  not  stand.  After  enjoying,  for  a  short  time,  the 
unusual  luxury  of  air,  some  water  was  brought ;  it  was  then  that  the  extent  of 
their  sufferings  was  exposed  in  a  fearful  manner.  They  all  rushed  like  maniacs 
towards  it.  No  entreaties,  or  threats,  or  blows,  could  restrain  them ;  they 
shrieked  and  struggled,  and  fought  with  one  another,  for  a  drop  of  this  precious 
liquid,  as  if  they  grew  rabid  at  the  sight  of  it.  There  is  nothing  which  slaves, 
.yin  the  mid-passage,  suffer  from  so  much  as  want  of  water.  It  is  sometimes 
usual  to  take  out  casks  filled  with  sea-water  as  ballast,  and  when  the  slaves  are 
received  on  board,  to  start  the  casks  and  refill  them  with  fresh.  On  one  occa 
sion  a  ship  from  Bahia  neglected  to  change  the  contents  of  the  casks,  and  on 
the  mid-passage  found,  to  their  horror,  that  they  were  filled  with  nothing  but 
salt  water.  All  the  slaves  on  board  perished !  We  could  judge  of  the  extent 
of  their  sufferings  from  the  afflicting  sight  we  now  saw.  When  the  poor  crea 
tures  were  ordered  down  again,  several  of  them  came  and  pressed  their  heads 
against  our  knees,  with  looks  of  the  greatest  anguish,  at  the  prospect  of  return 
ing  to  the  horrid  place  of  suffering  below." 

The  English  ship,  however,  was  obliged,  though  with  great  reluctance,  to 
release  the  slaver,  as  it  could  not  be  proved,  after  a  strict  examination,  that 
he  had  exceeded  the  privilege  allowed  to  Brazilian  ships  of  procuring  slaves 
south  of  the  line 


THE  SLAVE  TRADE.  287 

Admiral  Sir  George  Collier,  in  his  report  to  the  lords  of  admirality,  dated 
September  6,  1820,  stated,  that  "in  the  last  twelve  months  not  less  than 
60,000  Africans  have  been  forced  from  their  country,  principally  under  the 
colors  of  France  ;  most  of  whom  have  'been  distributed  between  the  islands  of 
Martinique,  Guadaioupe,  and  Cuba.  The  confidence  under  which  vessels  navi 
gate,  bearing  the  French  flag,  has  become  so  great,  that  I  saw  at  Havana,  in 
July  last,  no  fewer  than  forty  vessels  fitting  avowedly  for  the  slave-trade,  pro 
tected  equally  by  the  flags  and  papers  of  France  and  Spain.  France  has 
certainly  issued  her  decrees  against  this  traffic  ;  but  she  has  done  nothing  to 
enforce  them.  On  the  contrary,  she  gives  to  the  trade  all  countenance  short 
of  public  avowal. 

"On  this  distressing  subject,  so  revolting  to  every  well  regulated  mind,  I 
will  add,  that  such  is  the  merciless  treatment  of  the  slaves,  by  the  persons  en 
gaged  in  the  traffic,  that  no  fancy  can  picture  the  horror  of  the  voyage. 
Crowded  together  so  as  not  to  give  the  power  to  move  ;  linked  one  to  the 
other  by  the  leg,  never  unfettered  while  life  remains,  or  till  the  iron  shall  have 
fretted  the  flesh  almost  to  the  bone,  forced  under  a  deck,  as  I  have  seen 
them,  not  thirty  inches  in  height;  breathing  an  atmosphere  the  most  putrid 
and  pestilential  possible  ;  with  little  food,  and  less  water ;  subject  also  to  the 
most  severe  punishment  at  the  caprice  or  fancy  of  the  brute  who  may  command 
the  vessel ;  it  is  to  me  a  matter  of  extreme  wonder  that  any  of  these  miserable 
people  live  the  voyage  through  ;  many  of  them,  indeed,  perish  on  the  passage, 
and  those  who  remain  to  meet  the  shore,  present  a  picture  of  wretchedness 
language  cannot  express." 

The  following  singular  and  distressing  circumstance  occurred  about  the  same 
time:  The  ship  Le  Rodeur,  of  200  tons  burthen,  left  Havre  the  24th  of  Jan 
uary,  1819,  for  the  coast  of  Africa,  and  reached  her  destination  on  the  14th  of 
March  following,  anchoring  at  Bonny,  on  the  river  Calabar.  The  crew,  con 
sisting  of  twenty-two  men,  enjoyed  good  health  during  the  outward  voyage, 
and  during  their  stay  at  Bonny,  where  they  continued  till  the  6th  of  April. 
They  had  observed  no  trace  of  ophthalmia  among  the  natives  ;  and  it  was  not 
until  fifteen  days  after  they  had  set  sail  on  the  return  voyage,  and  the  vessel 
was  near  the  equator,  that  they  perceived  the  first  symptoms  of  this  frightful 
malady.  It  was  then  remarked  that  the  negroes,  who,  to  the  number  of  one 
hundred  and  sixty,  were  crowded  together  in  the  hold  and  between  the  decks, 
had  contracted  a  considerable  redness  of  the  eyes,  which  spread  with  singular 
rapidity.  No  great  attention  was  at  first  paid  to  these  symptoms,  which  were 
thought  to  be  caused  only  by  the  want  of  air  in  the  hold,  and  by  the  scarcity 
of  ivater  which  had  already  begun  to  be  felt.  At  this  time  they  were  limited 
to  eight  ounces  of  water  a  day  for  each  person,  which  quantity  was  afterwards 
reduced  to  the  half  of  a  wine  glass.  By  the  advice  of  M.  Maignan,  the 
surgeon  of  the  ship,  the  negroes,  who  had  hitherto  remained  shut  up  in  the 
hold,  were  brought  upon  deck  in  succession,  in  order  that  they  might  breathe  a 
purer  air.  But  it  became  necessary  to  abandon  this  expedient,  salutary  as  it 


288  THE  SLAVE  TRADE. 

was,  because  many  of  those  negroes,  affected  with  nostalgia,  threw  themselves 
into  the  sea,  locked  in  each  others  arms. 

The  disease  which  had  spread  itself  so  rapidly  and  frightfully  among  the 
Africans,  soon  began  to  infect  all  on  board,  and  to  create  alarms  for  the  crew. 
The  danger  of  infection,  and  perhaps  the  cause  which  produced  the  disease, 
were  increased  by  a  violent  dysentery,  attributed  to  the  use  of  rain  water. 
The  first  of  the  crew  who  caught  the  infection  was  a  sailor  who  slept  under 
the  deck,  near  the  grated  hatch  which  communicated  with  the  hold.  The  next 
day  a  landsman  was  seized  with  ophthalmia ;  and,  in  three  days  more  the 
captain  and  almost  the  whole  crew  were  infected  by  it. 

The  sufferings  of  the  people  and  the  number  of  the  blind  augmented  every 
day,  so  that  the  crew — previously  alarmed  by  the  apprehension  of  a  revolt 
among  the  negroes — were  seized  with  the  further  dread  of  not  being  able  to 
make  the  West  Indies,  if  the  only  sailor  who  had  hitherto  escaped  the  conta 
gion,  and  on  whom  their  whole  hope  rested,  should  become  blind  like  the  rest. 
This  calamity  had  actually  befallen  the  Leon,  a  Spanish  slaver  which  the 
Rodeur  met  with  on  her  passage,  and  the  whole  of  whose  crew,  having  becpme 
blind,  were  under  the  necessity  of  altogether  abandoning  the  direction  of  their 
ship.  They  entreated  the  charitable  interference  of  the  Rodeur ;  but  the  sea 
men  of  this  vessel  could  not  either  quit  her  to  go  on  board  the  Leon,  on  ac 
count  of  the  cargo  of  negroes,  nor  receive  the  crew  in  the  Rodeur,  in  which 
there  were  scarcely  room  for  themselves.  The  difficulty  of  taking  care  of  so 
large  a  number  of  sick  in  so  confined  a  space,  and  the  total  want  of  fresh 
meat  and  of  medicines,  made  them  envy  the  fate  of  those  who  were  about  to 
become  the  victims  of  a  death  which  seemed  to  them  inevitable,  and  the  con 
sternation  was  general. 

The  Rodeur  reached  Gaudaloupe  on  the  21st  of  June,  1819,  her  crew  being 
in  a  most  deplorable  condition.  Three  days  after  her  arrival,  the  only  man 
who,  during  the  voyage,  had  withstood  the  influence  of  the  contagion,  and 
whom  Providence  appeared  to  have  preserved  as  a  guide  to  his  unfortunate 
companions,  was  seized  with  the  same  malady.  Of  the  negroes,  thirty-nine 
had  become  perfectly  blind,  twelve  had  lost  an  eye,  and  fourteen  were  affected 
with  blemishes  more  or  less  considerable.  Of  the  crew,  twelve -lost  their  sight 
entirely,  among  whom  was  the  surgeon ;  five  become  blind  of  one  eye,  one  of 
them  being  the  captain,  and  four  were  partially  injured. 

Such  were  the  miseries  of  this  voyage  of  iniquity,  but  the  atrocities  of  it 
even  transcended  its  miseries.  It  is  stated  among  other  things,  that  the  cap 
tain  caused  several  of  the  negroes  who  were  prevented  in  the  attempt  to  throw 
themselves  overboard  to  be  shot  and  hanged  in  the  hope  that  the  example 
might  deter  the  rest  from  a  similar  conduct.  But  even  this  severity  proved 
unavailing,  and  it  became  necessary  to  confine  the  slaves  entirely  to  the  hold 
during  the  remainder  of  the  voyage.  It  is  further  stated,  that  upwards  of 
thirty  of  the  slaves  who  became  blind  were  thrown  into  the  sea  and  drowned 
upon  the  principle  that  had  they  been  landed  at  Guadaloupe  no  one  would 
have  bought  them,  and  that  the  proprietors  would  consequently  have  incurred 

^^^^ 


• 


SLAVE  SHIPS.  289 

the  expense  of  maintaining  them  without  the  chance  of  any  return  ;  while  by 
throwing  them  overboard  not  only  was  this  certain  loss  avoided,  but  ground 
was  also  laid  for  a  claim  on  the  underwriters  by  whom  the  cargo  had  been  in 
sured,  and  who  are  said  to  have  allowed  the  claim  and  made  good  the  value 
of  the  slaves  thus  destroyed. 

In  the  memorial  of  the  colonization  society  presented  to  congress  in  1822, 
it  was  stated  that  official  documents  had  been  presented  to  government,  from 
which  it  appeared  that  in  1821,  two  hundred  thousand  had  been  carried  away 
from  the  coast  of  Africa. 

The  African  institution  reported  that  in  1822,  28,246  slaves  were  imported 
into  Rio  de  Janeiro  alone  from  the  coast.  The  number  embarked  had  been 
31,240 — 3,484  having  died  on  the  passage. 

In  1824,  the  same  society  reported  that  120,000  were  taken  from  Africa 
during  that  year. 

In  1825,  "there  were,"  says  Commodore  Bullen,  "in the  river  Bonny  alone 
200T  tons  of  shipping,  293  persons  and  35  guns,  under  the  flag  of  the  French 
nation,  employed  in  the  speculation  of  human  flesh. " 

In  1822,  four  slave  vessels  were  taken  on  the  river  Bonny  by  a  squadron 
under  Sir  Robert  Mends,  stationed  by  the  British  government  on  the  coast  of 
Africa  to  prevent  the  infraction  of  the  laws  for  the  abolition  of  the  slave-trade. 
The  vessels  were  Spanish  and  French.  They  had  nearly  1300  slaves  on  board. 
A  Spanish  schooner,  when  taken  possession  of,  had  a  lighted  match  hanging 
over  the  open  magazine  hatch.  The  match  was  placed  there  by  the  crew, 
before  they  leaped  overboard  and  swam  for  the  shore ;  it  was  seen  by  one  of 
the  seamen,  who  boldly  put  his  hat  under  the  burning  wick  and  removed  it. 
The  magazine  contained  a  large  quantity  of  powder.  One  spark  from  the 
flaming  match  would  have  blown  up  325  unfortunate  victims  lying  in  irons  in 
the  hold.  These  monsters  in  iniquity  expressed  their  deep  regret  after  the 
action  .that  their  diabolical  plan  had  failed. 

On  board  another  of  the  vessels,  Lieutenant  Mildmay,  the  officer  who  cap 
tured  her,  observed  a  slave  girl  about  twelve  or  thirteen  years  of  age  in  irons, 
to  which  was  fastened  a  thick  iron  chain,  ten  feet  in  length,  that  was  dragged 
along  as  she  moved.  He  ordered  the  girl  to  be  instantly  released  from  this 
fetter;  and  that  the  captain  who  had  treated  her  so  cruelly  might  not  be 
ignorant  of  the  pain  inflicted  upon  an  unprotected  and  innocent  child,  the  irons 
were  ordered  to  be  put  upon  him. 

The  slaves  in  one  of  the  vessels  at  the  time  of  the  capture,  were  found  in 
the  most  wretched  condition  ;  some  lying  on  their  backs,  others  sitting  on  the 
bottom  of  the  ships.  They  were  chained  to  each  other  by  the  arms  and  legs  ; 
iron  collars  were  placed  round  their  necks.  In  addition  to  these  provisions 
for  confinement,  they  were  fastened  together  by  a  long  chain  which  connected 
several  of  the  collars  for  their  greater  security  in  that  dismal  prison.  Thumb 
screws,  to  be  used  as  instruments  of  torture,  were  also  found  in  the  vesseL 
From  their  confinement  and  sufferings,  the  slaves  often  injured  themselves  by 
beating,  and  vented  their  grief  upon  such  as  were  next  to  them  by  biting  and 
19 

,-..'••.  •••  • 


290  THE  SLAVE  TRADE- 

tearing  their  flesh.  Some  of  them  were  bound  by  cords,  and  many  had  their 
arms  grievously  lacerated. 

In  1825,  on  board  a  schooner's  boat  of  only  five  tons  burthen  which  was 
taken,  were  found  seventeen  slaves,  twenty-three  had  been  taken  in,  six  had 
already  died.  The  negroes  were  in  a  state  of  complete  starvation  and  ap 
proaching  dissolution.  The  space  allowed  them  was  n<J  more  than  eighteen 
inches  between  the  water  casks  and  the  deck. 

The  Aviso,  another  captured  vessel,  had  465  slaves  on  board ;  of  whom  34 
died  after  their  capture,  notwithstanding  every  attention.  Such  was  the  filth 
and  crowd  that  not  half  could  have  reached  the  Brazils  alive.  Commodore 
Bullen  put  the  crew  on  shore  in  Prince's  island.  These  wretches,  as  soon  as 
they  found  that  they  must  be  boarded,  had  stove  in  their  boilers,  as  a  last 
malignant  effort  to  add  to  the  misery  of  those  whom  a  few  minutes  would 
place  beyond  their  power. 

One  Oiseau,  commander  of  a  French  slave-ship  called  Le  Louis,  having 
completed  his  cargo  on  the  old  Calabar,  thrust  them  all  between  decks,  (a 
height  of  only  three  feet,)  and  closed  the  hatches  on  them  for  the  night.  Fifty 
were  found  dead  in  the  morning.  As  a  matter  of  course,  he  only  immediately 
returned  on  shore  to  supply  their  place.  Captain  Arnaud,  of  the  Louisa, 
arrived  at  Guadaloupe  with  200  negroes,  the  remainder  of  an  original  cargo  of 
265.  Having  by  mistake  purchased  more  than  he  could  accommodate,  he  had 
thrown  the  odd  65  into  the  sea. 

A  writer  in  the  African  Repository,  who  visited  Africa  in  one  of  our  na 
tional  vessels,  states  that  the  steward  of  the  vessel  had  been  to  Africa  five 
times  in  a  slave-ship.  On  one  occasion,  when  an  insurrection  was  expected, 
•they  shot  two  hundred  of  the  slaves.  Out  of  400,  the  number  which  they  car 
ried  at  each  trip,  40  died  on  every  passage.  The  African  Institution  in  one 
of  their  reports  publishes  the  following  deed  of  infernal  atrocity:  A  French 
slaver  having  landed  part  of  a  cargo  of  250  slaves  at  Guadaloupe,  was  pur 
sued  by  an  armed  French  vessel,  when,  to  avoid  detection,  they  threw  the  re 
maining  sixty-five  overboard,  all  of  whom  perished. 

A  writer  in  a  letter  from  Rio  de  Janeiro,  dated  January  11,  1830,  says:  "I 
will  relate  but  a  single  fact  at  this  time  to  show  the  dreadful  character  of  the 
slave-trade.  The  Brazilian  government  derives  a  large  revenue  from  the  im 
portation  of  slaves,  by  laying  a  duty  of  so  much  per  head  immediately  on 
their  arrival  without  regard  to  their  health  or  condition.  When  vessels,  there 
fore,  which  have  slaves  on  board  arrive  off  the  port,  a  general  survey  takes 
place  by  the  physician,  and  those  poor  wretches  whose  existence  is  doubtful 
are  thrown  overboard  in  order  to  save  the  duty." 

Mr.  Robert  Baird,  in  his  "  Impressions  of  the  West  Indies  and  North  Amer 
ica,"  in  1849,  speaking  of  the  slave-trade,  says  :  "There  can  be  no  doubt  of 
the  fact,  that  during  the  last  year  the  importation  of  slaves  into  the  island  of 
Cuba  has  been  carried  on  in  full  vigor — so  vigorously  and  extensively  that  the 
price  of  slaves  had  fallen,  in  consequence  of  the  plentiful  supply,  from  four 
hundred  and  fifty  or  five  hundred,  to  from  two  hundred  and  fifty  to  three  hun- 


CUBA.  291 

clred  dollars.  This  fact  is  notorious,  and  I  heard  it  authenticated  by  official 
authority.  It  is  equally  notorious  in  the  island  itself  that  the  agent  of  the 
queen  mother  of  Spain  was  and  is  extensively  engaged  in  the  infamous  traffic ; 
and  it  is  more  than  suspected  that,  directly  or  indirectly,  his  royal  mistress  is 
a  large  participator  in  the  heavy  gains  her  agent  realizes  from  this  trade  in  hu 
man  flesh.  Indeed,  the  traffic  is  little  short  of  being  a  legalized  one ;  the 
amount  of  dollars  payable  to  the  governor  or  to  the  government  (for  there  is 
much  difference  between  these  two)  being,  if  not  fixed  by  law  or  order,  at  leas' 
as  well  understood  as  if  it  were  so.  All  this  is,  of  course,  in  direct  and  mani 
fest  violation  of  the  engagements  and  treaties  made  by  Spain  with  England  ; 
and  it  is  an  ascertained  fact  that  fully  one-half  of  the  slaves  in  Cuba  are  there 
held  in  abject  bondage  in  violation  of  these  solemn  treaties  and  engagements. 
Indeed,  were  it  otherwise,  it  were  nearly  impossible  that  the  Spanish  colonists 
of  Cuba  could  find  slaves  to  cultivate  their  fields.  Every  one  who  knows  Cu 
ba,  and  the  brutal  manner  in  which  the  great  mass  of  the  agricultural  slaves 
are  treated  there,  will  laugh  at  the  idea  of  the  slave  population  of  Cuba  being 
self-supporting.  They  also  know  that  it  is  much  cheaper  to  import  slaves  than 
to  breed  them.  The  planter  in  Cuba  found  this  to  be  the  case,  even  when  the 
vigilance  of  the  British  and  French  cruisers  had  made  slaves  so  scarce  in  Cuba 
that  the  price  of  an  able-bodied  one  was  fully  five  hundred  dollars.  Of  course, 
now  that  such  vigilance  had  been,  for  a  time,  at  least,  relaxed,  and  the  price 
of  slaves  had  fallen  to  from  two  hundred  and  fifty  to  three  hundred  dollars,  the 
greater  economy  of  keeping  up  the  breed  by  importation  is  too  plain  to  be 
overlooked.  Hence  it  is  that  the  idea  of  a  self-supporting  system  seems  to  be 
quite  out  of  the  Cuban's  calculations,  and  that  in  the  barracoons  on  his  estates 
there  are  often  to  be  found  numerous  bands  of  males  and  but  a  very  few  fe 
males,  or  oftimes  none  at  all.  It  has  been  said,  and  it  is  generally  credited  by 
intelligent  parties  resident  in  Cuba,  that  the  average  duration  of  the  life  of  a 
Cuban  slave,  after  his  arrival  in  the  island,  does  not  exceed  seven  or  eight 
years.  In  short,  that  he  is  worked  out  in  that  time.  His  bodily  frame  cannot 
stand  the  excessive  toil  for  a  longer  period ;  and,  after  that  average  period,  his 
immortal  spirit  escapes  from  the  tortured  tenement  of  clay.  Ye  extenuators 
of  slavery  and  of  the  slave-trade,  ponder  this  ascertained  fact.  Is  it  not  enough 
to  make  the  flesh  creep,  and  to  unite  all  civilized  mankind  to  put  an  end  at 
least  to  the  traffic  in  slaves  ?  '  Nor  is  it  only  by  treaties  that  Spain  and  Bra 
zil  are  bound  to  cease  their  illegal  traffic  in  human  flesh.  England  has  paid 
them  large  sums  of  money  as  the  condition  of  their  doing  so  ;  and  these  sums 
they  have  received  and  accepted,  under  the  annexed  and  expressed  condition. 
It  has  been  unjustly  said  by  some  writers  on  the  other  side  of  the  Atlantic — 
writers  evidently  in  the  pay  of  those  who  think  it  for  their  interest  to  prevent 
their  country  from  sharing  in  the  glory  Great  Britain  has  acquired  and  will  ac 
quire,  by  her  efforts  for  suppressing  and  putting  an  end  to  the  horrors  of  the 
slave-trade — that  Great  Britain  has  no  right  to  interfere  with  Spain  and  Bra 
zil  as  regards  this  trade  in  their  own  colonies ;  that  slavery  is  a  domestic  insti 
tution,  with  which  foreign  nations  have  nothing  whatever  to  do ;  and  that,  in 


292  THE  SLAVE  TRADE. 

debarring  Spain  and  Brazil  from  the  conduct  of  this  traffic,  the  British  lion  is 
doing  little  more  than  acting  the  bully.  Such  writers  forget  the  contract  part 
of  the  matter.  Were  England  seeking,  by  threat  or  force  of  arms,  to  promote 
the  emancipation  of  slaves  within  any  country  or  any  colony,  large  or  small, 
there  might  be  some  foundation  for  the  argument.  As  it  is,  there  is  none.  She 
is  only  demanding  and  requiring  that  Spain  and  Brazil  should  do  what  they 
have  promised  and  engaged  to  do,  what  they  have  been  paid  for  doing,  but 
what  they  have  hitherto  failed  to  perform.  Happy  is  it  for  England  that,  in 
enforcing  these  claims,  she  is  fighting  in  the  sacred  cause  of  humanity. 

"  It  is  also  said,  and  universally  credited,  that  the  present  captain-general 
views  the  slave-trade  with  an  indulgent  eye.  At  all  events,  it  is  indisputable 
that  the  importation  of  slaves  into  the  island,  which  fell  off  greatly  under  the 
influence  of  England  and  the  activity  of  the  English  cruisers,  during  the  latter 
years  of  the  dynasty  of  the  late  governor,  (Count  O'Donnel,)  has  of  late  years, 
and  since  the  Count  of  Alcoy  assumed  the  reins  of  government,  received  a 
fresh  impetus,  and  is  now  flourishing  in  fullest  vigor.  How  far  the  governor 
is  personally  concerned  in  the  production  of  this  result,  it  were  next  to  impos 
sible  to  ascertain  exactly ;  but  assuredly  his  correspondence  with  the  represen 
tative  of  Britain  in  the  island,  as  to  the  landing  of  slaves,  in  the  course  of 
which  the  British  consul-general  offered  to  give  his  excellency  ocular  evidence 
of  the  truth  of  his  informant's  story — that  slaves  had  been  lately  landed  from 
a  slaver,  and  were  then  in  course  of  sale — does  not  indicate  any  desire  either 
to  suppress  the  traffic  or  to  keep  faith  with  Britain.  Indeed,  it  is  publicly  af 
firmed  that  a  regularly  fixed  fee  (some  fifty  dollars  a-head)  is  exacted  by  the 
governor  on  each  slave  that  is  brought  in,  besides  sundry  other  fees  to  the  cap 
tain  of  the  port  or  harbor-master,  and  other  officials,  who  have  the  power  of 
prevention  more  or  less  in  their  hands.  In  short,  the  system  is  a  complete  one, 
and  completely  inoculated  into  the  principles  of  Cuban  government.  No 
doubt  a  semblance  of  respect  for  the  solemn  treaties  made  with  Britain,  and  for 
the  entering  into  which  Spain  has  been  paid,  is  kept  up  in  the  island.  The 
barbarian  victims  of  the  inhuman  slave-trade  are  exposed  to  sale  not  as  slaves, 
but  as  '  goods '  or  '  merchandise,'  (bultos,)  and  some  such  farce  is  occasionally 
exhibited  as  this  :  A  few  of  the  imported  slaves — such  of  them  as  are  sick, 
disabled,  infirm,  or  likely  to  die,  and  of  course  are  of  little  or  no  value — are 
taken  possession  of  by  government  authority,  and  an  attempt  is  made  to 
'  throw  dust  in  the  eyes  of  the  English,'  by  making  a  noise  about  the  matter, 
and  formally  delivering  up  the  miserable  wretches,  thus  'seized,'  as  slaves  im 
ported  into  Cuba,  in  violation  of  the  solemn  treaties  made  by  Spain  with  Eng 
land — much  being  vaunted,  at  the  time,  of  Spanish  honor  and  national  good 
faith.  If  any  thing  could  make  matters  worse  than  the  real  disregard  of  the 
treaties,  it  would  be  conduct  such  as  this — hypocrisy  added  to  dishonesty,  and 
the  whole  veiled  in  high-sounding  words.  And  yet  such  pretended  seizures 
and  deliveries  are  often  taking  place.  One  had  occurred  only  a  few  days  be 
fore  I  reached  Cuba,  the  number  then  seized  being  under  twenty ;  while  the 
knowr  number  of  slaves  actually  introduced  into  the  island,  during  that  and 


CUBA.  293 

the  previous  month,  had  not  been  less  than  four  thousand,  and  while  the  aver 
age  rate  of  present  import  is  not  under  two  thousand  per  month." 

In  1840,  Turnbull  published  his  work  on  "  Cuba  and  Porto  Rico."  He  was 
a  close  observer  of  every  thing  connected  with  slavery  and  the  slave-trade, 
and  the  greater  part  of  his  work  is  devoted  to  this  subject.  From  this  relia 
ble  source  we  gather  some  important  facts  :  "  As  if  to  throw  ridicule  on  the 
grave  denials  of  all  knowledge  of  the  slave-trade  which  are  forced  from  suc 
cessive  captains-general  of  Cuba  by  the  unwearied  denunciations  of  the  Brit 
ish  authorities,  two  extensive  depots  for  the  reception  and  sale  of  newly  im 
ported  Africans  have  lately  been  erected  at  the  further  end  of  the  Paseo,  just 
under  the  windows  of  his  excellency's  residence ;  the  one  capable  of  holding 
1000  and  the  other  1500  negroes.  These  were  constantly  full  during  the 
greater  part  of  the  time  I  remained  in  Havana.  As  the  barracoou,  or  depot, 
serves  the  purpose  of  a  slave-market  as  well  as  a  prison,  these  two  have  been 
placed  at  the  point  of  greatest  attraction,  where  the  Paseo  ends,  and  where 
the  grounds  of  the  captain-general  begin,  and  where  the  railroad  passes  into 
the  interior.  The  passengers  on  the  cars  are  horrified  at  the  unearthly  shouts 
of  the  thoughtless  inmates,  who,  in  their  eagerness  and  astonishment  at  the 
passing  train,  push  their  arms  and  legs  through  the  bars  of  the  windows,  with 
the  cries,  and  grimace,  and  jesticulation,  which  might  be  expected  from  a  horde 
of  savages  placed  in  circumstances  so  totally  new  and  extraordinary.  These 
barracoons  are  considered  by  the  foreign  residents  as  the  lions  of  the  place, 
and  strangers  are  carried  there  as  to  a  sight  that  cannot  well  be  seen  else 
where.  On  entering  you  do  not  find  so  much  misery  as  an  unreflecting  visitor 
might  expect.  It  is  the  policy  of  the  importer  to  restore  as  soon  as  possible 
among  the  survivors,  the  strength  that  has  been  wasted,  and  the  health  that  has 
been  lost  during  the  horrors  of  the  middle  passage.  It  is  his  interest  to  keep 
up  the  spirits  of  his  victims,  that  they  may  the  sooner  become  marketable,  and 
prevent  their  sinking  under  that  fatal  home-sickness  which  carries  off  so  many 
during  the  first  months  of  their  captivity.  With  this  view  they  are  well  fed 
and  clothed.  Even  after  leaving  the  barracoons,  the  overseer  of  the  planta 
tion  finds  it  for  the  interest  of  his  master  to  treat  them  with  lenity  for  several 
months,  scarcely  allowing  them  to  hear  the  crack  of  a  whip,  and  breaking 
them  in  by  slow  degrees  to  the  hours  and  weight  of  labor  which  are  destined 
to  break  them  down  long  before  the  period  which  nature  prescribes. 
.  "  The  well  understood  difficulty  of  breaking  in  men  and  women  of  mature 
age  to  the  labors  of  the  field,  has  produced  a  demand  at  the  barracoons  for 
younger  victims.  The  range  of  years  in  the  age  of  captives  appeared  to  ex 
tend  from  twelve  to  eighteen,  and  the  proportion  of  males  to  females  was 
nearly  three  to  one,  as  the  demand  for  males  was  much  greater.  One  motive 
for  the  continuation  of  the  slave-trade  is  the  well  known  fact,  that  a  state  of 
hopless  servitude  has  the  effect  of  enervating  the  slave,  and  reducing  the  phys 
ical  powers  of  his  descendants  far  below  the  average  of  his  African  ancestors. 
\.  Bozal  African  commands  a  price  twenty  per  cent  higher  than  that  of  a 


294  THE  SLAVE  TRADE. 

Creole,  born  in  slavery  on  the  island.  As  applied  to  negroes,  the  terms  Creole 
and  Bozal  are  nearly  antithetical." 

Bryan  Edwards,  the  historian  of  the  West  Indies,  in  describing  the  charac 
teristics  of  the  various  tribes  of  Western  Africa,  speaks  of  the  natives  of  the 
Gold  Coast  as  constituting  the  genuine  and  original  unmixed  negro,  both  in 
person  and  character.  He  says  "the  Koromantyn  or  Gold  Coast  negroes 
are  distinguished  for  firmness  both  of  body  and  mind ;  a  ferociousness  of  dis 
position  ;  but  withal  activity,  courage,  and  a  stubbornness,  or  what  an  ancient 
Roman  would  have  deemed  an  elevation  of  soul,  which  prompts  them  to  en- 
terprizes  of  difficulty  and  danger,  and  enables  them  to  meet  death  in  its  most 
horrible  forms  with  fortitude  or  indifference.  They  take  to  labor  with  great 
promptitude  and  alacrity,  and  have  constitutions  well  adapted  for  it.  It  is 
not  wonderful  that  such  men  should  endeavor,  even  by  means  the  most  desper 
ate,  to  regain  the  freedom  of  which  they  have  been  deprived."  The  historian 
describes  a  rebellion  of  these  negroes  which  occurred  in  Jamaica  in  1760.  A 
band  of  about  one  hundred,  newly  imported,  and  led  by  one  of  their  number 
who  had  been  a  chief  in  Guinea,  having  revolted  and  formed  themselves  into 
a  body,  about  one  o'clock  in  the  morning  proceeded  to  the  fort  at  Port  Maria, 
killed  the  sentinel,  and  provided  themselves  with  arms  and  ammunition.  Here 
they  were  joined  by  their  countrymen  from  other  plantations,  and  marched  up 
the  high  road  that  led  to  the  interior  of  the  island,  carrying  death  and  desola 
tion  as  they  went.  They  massacred  the  whites  and  mnlattoes  as  they  went, 
and  literally  drank  their  blood  mixed  with  rum. 

Their  chief  was  killed  by  one  of  the  parties  that  went  in  pursuit  of  them ; 
and  three  of  the  ringleaders  were  taken.  One  was  condemned  to  be  burnt, 
and  the  other  two  to  be  hung  up  alive  in  irons,  and  left  to  perish.  The  one 
that  was  burnt  was  made  to  sit  on  the  ground,  and  his  body  being  chained  to 
an  iron  stake,  the  fire  was  applied  to  his  feet.  He  uttered  not  a  groan,  and 
saw  his  legs  reduced  to  ashes  with  the  utmost  firmness  and  composure.  After 
which,  one  of  his  arms  by  some  means  getting  loose,  he  snatched  a  brand  from 
the  fire  that  was  consuming  him,  and  flung  it  in  the  face  of  the  executioner. 
The  two  that  were  hung  up  alive  were  indulged  at  their  own  request  with  a 
hearty  meal  before  they  were  suspended  on  the  gibbet,  which  was  erected  on 
the  Kingston  parade.  From  that  time  until  they  expired  they  never  uttered 
the  least  complaint,  except  only  of  cold  in  the  night,  but  diverted  themselves 
all  day  long  in  discourse  with  their  countrymen,  who  were  permitted  to  sur 
round  the  gibbet.  The  historian  says  that  he  visited  the  gibbet  on  the  seventh 
day,  and  while  there,  he  heard  them  both  laugh  immoderately  at  some  trifling 
occurrence.  The  next  morning  one  of  them  silently  expired,  as  did  the  other 
on  the  morning  of  the  ninth  day.* 

The  British  minister  at  Rio  informed  Lord  Palmerston  in  1838,  that  36,974 
slaves  had  been  imported  into  that  single  harbor  during  the  year  1827,  and  that 


*Bryan  Edwards'  History  of  the  West  Indies. 


CUBA  AND   RIO.  295 

the  number  would  have  been  greater  but  for  the  fact  that  several  of  the  trad 
ers  had  discharged  their  vessels  at  other  ports  of  the  empire. 

"  The  system  pursued  at  Rio  (says  Turnbull),  seems,  in  many  respects,  to 
correspond  with  what  I  have  witnessed  at  Havana.  The  receptacles  for  the 
Bozal  negroes,  which  serve  the  double  purpose  of  warehousing  and  exposing 
them  for  sale,  are  open  in  both  places  to  public  inspection ;  although  perhaps 
not  so  closely  under  the  windows  of  the  imperial  palace  at  Rio,  as  they  are 
under  those  of  the  captain-general's  residence  at  Havana.  Mr.  Ouseley,  the 
British  minister,  states  that  no  less  than  6,000  newly  imported  Africans  have 
been  exposed  for  sale  at  one  time  in  the  barracoons  at  Rio.  The  Brazilian 
authorities,  like  those  of  Cuba,  have  a  direct  pecuniary  interest  in  promoting 
the  traffic,  by  the  existence  of  a  sort  of  capitation  tax  on  the  imports,  which 
is  divided  among  the  officers  of  the  government. 

Two  insurance  companies  were  in  operation  in  Havana  with  a  capital  of 
$850,000,  for  the  purpose  of  covering  slave  risks.  They  exacted  premiums 
varying  from  25  to  40  per  cent.,  according  to  the  sailing  qualities  of  the  ship, 
and  the  character  of  the  master  for  sagacity  and  courage.  The  business  was 
also  carried  on  by  private  underwriters. 

In  1837,  seventy-eight  slavers  arrived  at  Havana  under  the  Portuguese  flag, 
each  vessel  averaging  300  slaves,  making  a  total  of  23,400.  For  each  one  of 
them  the  captain-general  received  the  usual  fee  of  a  doubloon ;  the  levy  on  the 
whole  yielding  $360,000,  which  sum  was  divided,  as  customary,  into  four  equal 
parts :  the  captain-general,  the  captain  of  the  coast  guard,  the  harbor  masters 
where  the  landing  is  effected,  and  the  local  chiefs  of  the  customs,  receiving 
equal  shares.  The  parties  who  pay  it  never  obtain  any  thing  in  the  nature  of 
a  receipt,  or  other  written  acknowledgment  for  the  money.  It  will  be  ob 
served  that  the  captain-general's  interest  is  equal  to  a  whole  class  of  the  mi 
nor  functionaries. 

Ninety-three  vessels,  under  the  flag  of  Portugal,  are  reported  to  have  en 
tered  the  harbor  of  Rio  de  Janeiro  alone  in  1837,  and  as  many  as  eighty-four 
in  1838,  from  which,  in  two  years,  there  were  landed  78,300  slaves.  These 
calculations  do  not  include  the  number  of  slavers  which  resorted  to  other  places 
in  Cuba  besides  Havana,  nor  to  other  provinces  in  Brazil  besides  Rio  de  Ja 
neiro  ;  neither  does  it  include  the  number  which  founder  at  sea,  nor  those  which 
were  captured  and  condemned  at  Sierra  Leone.  In  that  settlement  there  were 
at  the  time  four  courts  of  mixed  commission — the  British  and  Brazilian,  the 
British  and  Netherlands,  the  British  and  Spanish,  and  the  British  and  Portu 
guese.  In  1838,  the  number  of  captured  slavers  which  passed  through  those 
courts  amounted  to  thirty.  The  Dutch  and  Brazilian  commissioners  enjoyed 
a  sinecure ;  but  although  several  of  the  thirty  slavers  were  condemned  in  the 
Spanish  court,  as  being  liable  under  a  new  interpretation  of  the  lex  mercato- 
ria,  to  be  treated  as  Spaniards,  and  so  to  be  subject  to  the  conditions  of  the 
treaty,  it  is  a  remarkable  fact  that  every  one  of  them  professed  to  be  Portu 
guese,  and  was  provided  with  Portuguese  papers.  Eighteen  were  condemned 
in  the  Portuguese  court,  because  the  fact  of  their  being  full  of  slaves  at  the 


296  THE  SLAVE  TRADE. 

moment  of  capture  was  irresistible;  one  escaped  condemnation;  the  other 
eleven  were  deprived  of  the  shelter  of  the  Portuguese  flag  and  condemned  in 
the  Spanish  court.  Not  one  of  the  whole  number,  however,  was  really  Portu 
guese  :  four  were  Brazilian,  and  the  remaining  twenty-six  undoubtedly  Span 
ish.  Of  the  eleven  condemned  in  the  Spanish  court,  only  one  had  embarked 
any  slaves  previous  to  her  capture ;  and  it  was  in  virtue  of  the  "  equipment 
clause  "  in  the  Clarendon  treaty  with  Spain  that  they  were  subject  to  be  con 
demned. 

Joint  stock  companies  were  organized  at  Havana  and  Brazil,  with  heavy 
capitals,  for  the  purpose  of  carrying  on  the  slave-trade.  Two  of  the  above 
vessels  belonged  to  one  of  these  companies,  the  head-quarters  of  which  were 
at  Pernambuco.  From  papers  found  on  board  one  of  the  vessels,  it  appeared 
that  the  company  was  composed  of  twenty  members,  and  the  capital  invested, 
$80,000  ;  and  that  they  intended  to  establish  a  slave  factory  in  the  river  Benin, 
and  endeavor  to  secure  a  monopoly  of  the  trade  with  the  native  princes. 
^  The  small  number  of  slavers  captured  in  proportion  to  the  number  engaged 
in  the  trade,  may  be  accounted  for  from  the  fact  that  the  cruisers  were  engaged 
in  the  hopeless  task  of  blockading  and  watching  8000  miles  of  coaf  c : — 300C 
miles  of  the  African  continent,  embracing  those  portions  only  from  whence 
slaves  were  obtained,  and  5000  miles  may  be  estimated  for  the  shores  of  Bra 
zil,  Cuba,  and  Porto  Rico. 

From  the  papers  and  letters  of  instruction  which  occasionally  fell  into  the 
hands  of  the  captors,  some  curious  facts  are  obtained.  One  treasurer  of  a  com 
pany  in  Brazil  writes  to  his  agent  on  the  coast,  that  among  his  stock  in  trade, 
to  be  sure  at  all  times  to  have  plenty  of  rum  and  tobacco,  and  to  estimate  all 
his  goods  at  the  highest  possible  prices ;  and  that  as  all  savages  have  respect 
for  some  kind  of  religion,  the  agent  must  be  sure  to  keep  up  the  exercise  of 
some  external  forms,  which  would  give  a  desirable  "  moral  force  "  to  the  estab 
lishment  I  The  natives  were  to  be  treated  with  the  utmost  civility,  but  not  the 
slightest  confidence  was  to  be  placed  in  them.  Intoxication  was  to  be  care 
fully  guarded  against  by  the  servants  of  the  company,  but  the  natives  were  to 
be  encouraged  in  it.  All  sorts  of  contrivances  were  resorted  to  in  order  to 
cheat  the  poor  negroes.  English  calico  was  cut  up  the  middle  in  order  to 
double  its  length,  and  each  piece  of  stripe,  or  handkerchief,  was  cut  across, 
making  two  pieces  ;  the  rum  was  adulterated,  and  the  tobacco  packed  expressly 
for  deception.  From  the  intercepted  correspondence  we  also  gather  some  par 
ticulars  in  regard  to  the  mortality  of  the  trade.  The  Salome  had  landed  a 
cargo  of  253  slaves  near  Matanzas,  of  whom  seven  had  died  soon  after  they 
were  landed,  and  twenty-seven  others  were  sick ;  seventy -four  others  had  per 
ished  during  the  voyage,  "  so  that  we  shall  with  difficulty,"  the  owneijs  patheti 
cally  observe  to  their  agent  in  Africa,  "get  back  the  cost  of  our  enterprise." 
The  captain  of  another  vessel  writes  back  to  the  agent,  "  There  were  about 
100  of  those  embarked  at  your  port  infected  with  the  putrid  fever ;  all  our  ex 
ertions  could  not  stop  the  mortality,  so  that  only  one  half  have  been  saved  of 
the  number  that  ought  to  have  been  yielded  by  our  abundant  and  well  assorted 


CORRESPONDENCE.  297 

barter,  calculated  to  produce  more  than  400."  Another  merchant  writes,  "  The 
business  wears  a  most  unfavorable  aspect ;  although  the  vessel  arrived  safely, 
we  shall  scarcely  get  back  our  outlay,  for  out  of  the  small  number  embarked, 
there  died  eighty-one  during  the  voyage  and  shortly  after  landing.  The  oth 
ers  were  sold  at  Matanzas,  at  an  average  of  $306.  The  twenty  who  were  sick 
brought  us  $2,304." 

The  captains  of  the  slavers  were  generally  instructed  to  fly  on  the  slightest 
appearance  of  danger — "if  you  hesitate,  you  are  lost."  In  one  of  the  con 
tracts  for  wages  between  the  owners  and  crew  of  a  captured  slaver,  it  was  stip 
ulated,  in  order  to  compel  the  men  to  fight,  that  "  wages  shall  not  be  due  in 
the  event  of  capture  by  a  vessel  of  equal  force,  nor  even  in  the  event  of  cap 
ture  by  one  of  superior  force,  unless  after  an  obstinate  defense ;  and  in  that  case 
the  wages  of  those  who  will  not  fight  shall  be  forfeited,  and  divided  among  the 
brave  defenders." 

The  slavers  were  generally  provided  with  three  sets  of  papers,  Spanish,  Por 
tuguese,  and  American,  and  the  American  flag  was  frequently  made  use  of  to 
shield  the  miscreants.  The  Yenus,  a  ship  of  460  tons,  was  built  in  Baltimore 
in  1838,  expressly  for  a  slaver.  She  arrived  at  Havana  on  the  4th  of  August 
in  that  year,  and  sailed  shortly  afterwards  under  American  colors.  She  was 
owned  by  a  Spaniard  and  a  Frenchman,  and  was  said  to  have  cost  them 
$100,000.  She  proceeded  to  the  coast  of  Africa,  and  embarked  the  unprece 
dented  number  of  1,100  slaves,  of  whom  the  survivors,  860  in  number,  were 
landed  on  the  coast.  She  had  been  absent  but  four  months,  and  returned  into 
port  under  Portuguese  colors.  It  was  asserted  in  Havana  that  $150,000  had 
been  cleared  by  this  single  adventure.  The  arrival  of  the  vessel  occasioned  a 
correspondence  between  the  British  commissioners  and  the  American  consul. 
The  facts  which  brought  about  the  correspondence  were  the  notoriety  with 
which  a  large  vessel  like  the  Yenus,  built  at  Baltimore,  had  arrived  from  the 
United  States  and  sailed  on  a  slaving  voyage  under  the  American  flag,  together 
with  the  belief  that  several  American  citizens  had  embarked  in  her  from  Ha 
vana,  and  had  also  returned  in  her.  It  was  also  reported  that  the  Yenus  had 
been  visited  on  the  coast  of  Africa,  still  showing  her  American  colors,  by  the 
officers  of  a  British  cruiser.  It  was  even  a  subject  of  boast  that  although  one 
of  the  British  cruisers  had  seen  the  Yenus  receive  part  of  her  cargo,  yet  that 
such  was  her  superiority  in  sailing  that  it  was  found  impossible  to  come  up 
with  her  on  the  attempt  being  made  to  give  chase.  While  the  Yenus  remained 
at  Havana,  she  was  visited  by  officers  of  the  British  navy.  The  Portuguese 
papers  with  which  she  returned  were  those  of  an  old  slaver,  which  had  sailed 
under  many  a  flag,  and  finally  bore  the  Portuguese  name  of  the  Duquesa  de 
Braganza,  Jhe  name  which  the  Yenus  assumed  in  order  to  have  the  benefit  of 
her  Portuguese  papers,  without  the  trouble  or  expense  of  going  to  purchase 
them. 

Under  these  circumstances,  the  British  commissioners  who  were  sent  to  Ha 
vana  for  the  express  purpose  of  contributing,  as  far  as  lay  in  their  power,  to 
the  suppression  of  the  slave-trade,  felt  it  their  duty  to  communicate  the  facts 


298  THE  SLAVE  TRADE. 

to  the  consular  representative  of  the  American  government,  and  offered  some 
friendly  suggestions,  such  as  an  appeal  to  the  captain-general,  or  the  introven- 
tion  of  an  American  sloop  of  war  then  lying  in  Havana.  By  bringing  the 
culprits  to  punishment,  the  American  people  and  government  would  have  been 
exculpated  from  all  countenance  to  the  disgraceful  abuse  which  had  thus  been 
made  of  the  American  flag.  Mr.  Trist,  the  consul,  however,  saw  the  matter 
in  a  different  light.  He  had  once  before  been  appealed  to  on  the  occasion  of 
a  similar  abuse  of  his  country's  flag.  The  only  notice  he  took  of  the  commu 
nication  was  to  return  it.  On  this  second  occasion  he  pursued  a  different 
course.  An  answer  was  returned,  in  which  the  former  communication  is  spoken 
of  as  an  "insult"  and  an  "outrage;"  and  he  informed  them  that  he  "could  not 
recognize  the  right  of  any  agent  of  any  foreign  government  to  interfere  in  any 
possible  mode  or  degree  in  the  discharge  of  his  duties." 

In  afterwards  remarking  upon  this  communication,  Lord  Palmerston  desired 
the  commissioners  to  observe  to  Mr.  Trist,  "that  the  two  governments  having, 
by  the  tenth  article  of  the  treaty  of  Ghent,  mutually  engaged  to  each  other 
that  they  would  'use  their  utmost  endeavors  to  promote  the  entire  abolition  of 
the  slave-trade,'  it  seems  to  be  perfectly  consistent  with  the  respect  which  the 
agents  of  each  country  must  feel  for  the  other  country,  that  they  should  not 
only  themselves  act  in  strict  accordance  with  the  spirit  of  the  engagement 
which  their  own  government  has  contracted,  but  that  they  should  furnish  to 
the  agents  of  the  other  government  any  information  which  may  be  calculated 
to  enable  that  other  government  more  effectually  to  accomplish  the  common 
purpose."  Mr.  Trist  also  alluded,  in  his  letter,  to  the  manufacture  of  goods 
in  Great  Britain  expressly  designed  for  the  African  trade.  Lord  Palmerston 
directed  the  commissioners  to  state  to  that  gentleman  that  "if  he  can  at  any 
time  furnish  her  majesty's  government,  through  them,  with  any  information 
which  may  directly  or  indirectly  enable  the  government  to  enforce  the  penalties 
of  the  law  against  British  subjects  who  may  be  concerned  in  the  slave-trade, 
her  majesty's  government  will  feel  most  sincerely  obliged  to  him." 

Not  long  after,  a  similar  case  occurred  with  regard  to  a  French  vessel,  Le 
Havre,  which  having  sailed  from  Havana  under  French  colors,  and  with  several 
French  citizens  on  board,  for  the  coast  of  Africa,  had  reentered  the  port,  after 
having  landed  500  negroes  on  the  shores  of  the  island.  The  owner  was  a 
Frenchman,  and  his  partners  were  Englishmen.  A  communication  was  ad 
dressed  to  the  French  consul,  who  applied  immediately  to  the  Prince  de  Join- 
ville,  who  was  then  with  his  ship  at  Havana.  The  prince  forthwith  dispatched 
a  French  vessel  to  capture  the  slaver,  which  had  put  to  sea.  The  cruise  was 
unsuccessful,  however,  as  the  Havre  was  wrecked,  as  the  most  efficacious  way 
of  silencing  further  inquiries. 

The  object  of  the  slavers  in  hoisting  the  American  flag,  is  that  it  protects 
them  from  the  right  of  search  conceded  by  other  nations  to  the  cruisers  en 
gaged  in  supporting  the  trade.  The  laws  of  the  Union  declares  the  slave- 
trade  piracy — the  flag  of  the  Union  protects  the  miscreants  engaged  in  it 

In  order  to  obtain  the  protection  of  the  American  flag,  a  practice  arose  of 


AMEICAN  SLAVERS.  299 

sending  Spanish  vessels  to  Key  West,  and  after  a  collusive  sale  had  been 
effected,  the  vessels  returned  to  Havana,  to  be  dispatched  to  the  coast  of  Africa 
under  American  colors.  In  this  way,  the  Spanish  schooner  which  went  to  Key 
West  as  the  Espartero,  came  back  as  the  Thomas,  with  American  papers.  A 
well  known  Spanish  slaver  went  to  New  Orleans  as  the  Conchita,  and  came 
back  as  the  American  schooner  Encautadera. 

American  vessels  were  privately  sold  in  Havana,  the  American  registers 
were  retained,  and  the  vessels  proceded  to  the  coast  of  Africa  under  American 
colors.  The  buyer  generally  stipulated  that  the  American  captain,  or  some 
American  citizen  to  represent  him,  should  remain  on  board,  and  the  fact  of  the 
transfer  remain  in  abeyance  until  the  vessel  arrived  in  Africa.  The  American 
captain  retained  the  command,  to  mislead  the  commanders  of  the  British 
cruisers ;  but  he  gave  it  up  as  soon  as  the  slaves  were  received  on  board,  so  as 
not  to  expose  himself  to  the  penalty  of  piracy  in  case  of  capture.  The  Amer 
ican  flag  and  papers  protected  them  from  the  right  of  search  by  the  British 
cruisers — the  Portuguese  flag  and  papers  shielded  them  from  the  penalties  of 
piracy  if  captured.  They  were  provided  with  double  captains,  double  papers 
and  double  flags. 

The  American  flag  thus  became  involved  in  the  slave  traffic.  In  1849,  the 
British  consul  at  Rio,  in  his  public  correspondence,  says  :  "  One  of  the  most 
notorious  slave-dealers  in  this  capital,  when  speaking  of  the  employment  of 
American  vessels  in  the  slave-trade,  said,  a  few  days  ago  :  *  I  am  worried  by 
the  Americans,  who  insist  upon  my  hiring  their  vessels  for  slave-trade.'  " 

Of  this  there  is  also  abundant  and  distressing  evidence  from  our  own  diplo 
matic  officers.  Besides  a  lengthy  correspondence  from  a  proceeding  mintster 
near  the  court  of  Brazil,  the  President  of  the  United  States  transmitted  a  re 
port  from  the  Secretary  of  State,  in  December,  1850,  to  the  Senate  of  the 
United  States,  with  documents  relating  to  the  African  slave-trade.  A  resolu 
tion  had  previously  passed  the  Senate,  calling  upon  the  Executive  for  this 
information. 

In  these  documents  it  is  stated  that  "  the  number  of  American  vessels  which, 
since  the  1st  of  July,  1844,  until  the  1st  of  October  last  (1849),  sailed  for  the 
coast  of  Africa  from  this  city,  is  ninety-three.  ...  Of  these  vessels,  all,  ex 
cept  five,  have  been  sold  and  delivered  on  the  coast  of  Africa,  and  have  been 
engaged  in  bringing  over  slaves,  and  many  of  them  have  been  captured  with 
slaves  on  board.  .  .  .  This  pretended  sale  takes  place  at  the  moment  when  the 
slaves  are  ready  to  be  shipped ;  the  American  captain  and  his  crew  going  on 
shore,  as  the  slaves  are  coming  off,  while  the  Portuguese  or  Italian  passengers, 
who  come  out  from  Rio  in  her,  all  at  once  become  master  and  crew  of  the  ves 
sel.  Those  of  the  American  crew  who  do  not  die  of  coast-fever,  get  back  as 
they  can,  many  of  them  being  compelled  to  come  over  in  slave-vessels,  in  or 
der  to  get  back  at  all.  There  is  evidence  in  the  records  of  the  consulate,  of 
slaves  having  started  two  or  three  times  from  the  shore,  and  the  master  and 
crew  from  their  vessel  in  their  boat,  carrying  with  them  the  flag  and  ship's  pa 
pers  ;  when,  the  parties  becoming  frightened,  both  retroceded ;  the  slaves  were 


300  THE  SLAVE  TRADE. 

returned  to  the  shore,  and  the  American  master  and  crew  again  went  on  board 
the  vessel.  The  stars  and'stripes  were  again  hoisted  over  her,  and  kept  flying 
until  the  cause  of  the  alarm  (an  English  cruiser)  departed  from  the  coast,  and 
the  embarkation  was  safely  effected." 

On  the  other  hand,  we  have  the  following  notice  from  Brazil :  "As  in 
former  years,  the  slave-dealers  have  derived  the  greatest  assistance  and  protec 
tion  for  their  criminal  purposes,  from  the  use  of  the  American  flag,  I  am  hap 
py  to  add  that  these  lawless  and  unprincipled  traders  are  at  present  deprived 
of  this  valuable  protection,  by  a  late  determination  of  the  American  naval 
commander-in-chief  on  this  station,  who  has  caused  three  vessels,  illegally 
using  the  flag  of  the  United  States,  and  which  were  destined  for  African  voy 
ages,  to  be  seized  on  their  leaving  this  harbor.  This  proceeding  had  caused 
considerable  alarm  and  embarrassment  to  the  slave-dealers  ;  and,  should  it  be 
continued,  will  be  a  severe  blow  to  all  slave-trading  interests." 

Mr.  David  Tod,  the  American  Minister  at  the  court  of  Brazil,  in  a  letter 
to  the  Secretary  of  State,  says :  "  As  my  predecessors  had  already  done,  I 
have,  from  time  to  time,  called  the  attention  of  our  government  to  the  neces 
sity  of  enacting  a  stringent  law,  having  in  vew  the  entire  withdrawal  of  our 
vessels  and  citizens  from  this  illegal  commerce ;  and  after  so  much  has  been 
already  written  upon  this  subject,  it  may  be  deemed  a  work  of  supererogation 
to  discuss  it  further.  The  interests  at  stake,  however,  are  of  so  high  a  char 
acter,  the  integrity  of  our  flag  and  the  cause  of  humanity  being  at  once  in 
volved  in  their  consideration,  I  cannot  refrain  from  bringing  the  topic  afresh  to 
the  notice  of  my  government,  in  the  hope  that  the  President  may  esteem  it  of 
such  importance  as  to  be  laid  before  Congress,  and  that  even  at  this  late  day, 
legislative  action  may  be  secured." 

In  this  communication,  a  quotation  is  made  from  Mr.  Profit,  one  of  the 
preceding  ministers,  to  the  Secretary  of  State,  February,  1844,  in  which  he 
says  :  "  I  regret  to  say  this,  but  it  is  a  fact  not  to  be  disguised  or  denied,  that 
the  slave-trade  is  almost  entirely  carried  on  under  our  flag,  in  American-built 
vessels,  sold  to  slave-traders  here,  chartered  for  the  coast  of  Africa,  and  there 
sold,  or  sold  here — delivered  on  the  coast.  And,  indeed,  the  scandalous  traffic 
could  not  be  carried  on  to  any  great  extent,  were  it  not  for  the  use  made  of 
our  flag,  and  the  facilities  given  for  the  chartering  of  American  vessels,  to 
carry  to  the  coast  of  Africa  the  outfit  for  the  trade,  and  the  material  for  pur 
chasing  slaves." 

Mr.  Henry  A.  Wise,  the  American  Minister,  in  his  dispatch  of  February 
15th,  1845,  said  to  Mr.  Calhoun : 

"  It  is  not  to  be  denied,  and  I  boldly  assert  it,  that  the  administration  of 
the  imperial  government  of  Brazil  is  forcibly  constrained  by  its  influences,  and 
is  deeply  inculpated  in  its  guilt.  With  that  it  would,  at  first  sight,  seem  the 
United  States  have  nothing  to  do  ;  but  an  intimate  and  full  knowledge  of  the 
subject  informs  us,  that  the  only  mode  of  carrying  on  that  trade  between 
Africa  and  Brazil,  at  present,  involves  our  laws  and  our  moral  responsibilities, 
as  directly  and  fully  as  it  does  those  of  this  country  itself.  Our  flag  alone 


SLAVE  CARGO.  301 

gives  requisite  protection  against  the  right  of  visit,  search,  and  seizure ;  and 
our  citizens,  in  all  the  characters  of  owners,  consignees,  or  agents,  and  of  mas 
ters  and  crews  of  our  vessels,  are  concerned  in  the  business,  and  partake  of  the 
profits  of  the  African  slave-trade,  to  and  from  the  ports  of  Brazil,  as  fully  as 
the  Bra/.ilians  themselves,  and  others  in  conjunction  with  whom  they  carry  it 
on.  In  fact,  without  the  aid  of  our  citizens  and  our  flag,  it  could  not  be  car 
ried  on  with  success  at  all." 

To  exhibit  additional  proof  of  the  state  of  the  slave-trade  prior  to  the 
equipment  clause,  we  have  the  following  instances  from  parliamentary  papers, 
and  other  British  authority : 

"  La  Jeune  Estelle,  being  chased  by  a  British  vessel,  inclosed  twelve  negroes 
in  casks,  and  threw  them  overboard." 

"  M.  Oiseau,  commander  of  Le  Louis,  a  French  vessel,  in  completing  his 
cargo  at  Calabar,  thrust  the  slaves  into  a  narrow  space  three  feet  high,  and 
closed  the  hatches.  Next  morning  fifty  were  found  dead.  Oiseau  coolly  went 
achore  to  purchase  others  to  supply  their  place." 

The  following  extract  is  from  a  report  by  Captain  Hayes  to  the  admiralty, 
of  a  representation  made  to  him  respecting  one  of  these  vessels  in  1832  : 

"  The  master  having  a  large  cargo  of  these  human  beings  chained  together, 
with  more  humanity  than  his  fellows,  permitted  some  of  them  to  come  on  deck, 
but  still  chained  together,  for  the  benefit  of  the  air,  when  they  immediately 
commenced  jumping  overboard,  hand  in  hand,  and  drowning  in  couples ;  and 
(continued  the  person  relating  the  circumstance)  without  any  cause  whatever. 
Now  these  people  were  just  brought  from  a  situation  between  decks,  and  to 
which  they  knew  they  must  return,  where  the  scalding  perspiration  was  running 

from  one  to  the  other And  men  dying  by  their  side,  with  full  in  their 

view,  living  and  dead  bodies  chained  together  ;  and  the  living,  in  addition  to 
all  their  other  torments,  laboring  under  the  most  famishing  thirst  (being  in 
very  few  instances  allowed  more  than  a  pint  of  water  a  day);  and  let  it  not 
be  forgotten  that  these  unfortunate  people  had  just  been  torn  from  their  coun 
try,  their  families,  their  all !  Men  dragged  from  their  wives,  women  from 
their  husbands  and  children,  girls  from  their  mothers,  and  boys  from  their 
fathers ;  and  yet  in  this  man's  eye  (for  heart  and  soul  he  could  have  none,) 
there  was  no  cause  whatever  for  jumping  overboard  and  drowning.  This,  in 
truth,  is  a  rough  picture,  but  it  is  not  highly  colored.  The  men  are  chained  in 
pairs,  and  as  a  proof  they  are  intended  so  to  remain  to  the  end  of  the  voyage, 
their  fetters  are  not  locked,  but  riveted  by  the  blacksmith ;  and  as  deaths  are 
frequently  occurring,  living  men  are  often  for  a  length  of  time  confined  to 
dead  bodies :  the  living  man  cannot  be  released  till  the  blacksmith  has  per 
formed  the  operation  of  cutting  the  clinch  of  the  rivet  with  his  chisel ;  and  I 
have  now  an  officer  on  board  the  Dryad,  who,  on  examining  one  of  these  slave- 
vessels,  found  not  only  living  men  chained  to  dead  bodies,  but  the  latter  in  a 
putrid  state."* 

*  Parliamentary  papers  presented  1832. 


THE  SLAVE  TRADE. 

The  following  TREATIES  AND  CONVENTIONS  for  the  suppression  of  the  slave- 
trade  were  made  by  England  daring  the  period  of  thirty  years,  from  1814  to 
1845.  Some  of  these  treaties  have  already  been  referred  to. 

In  1814  with  the  United  States,  the  treaty  of  Ghent,  in  which  the  United  States  agree 
to  do  all  in  their  power  for  the  suppression  of  the  slave-trade. 

In  1814  with  France,  engaging  that  the  slave-trade  should  be  abolished  by  the  French 
government  in  the  course  of  five  years. 

In  1814  with  the  Netherlands,  by  treaty  of  London  on  the  14th  of  August. 

In  1814  with  Denmark,  treaty  of  Kiel,  stipulating  for  its  abolition. 

In  1815  with  France,  by  additional  article  to  Definitive  Treaty  of  Peace. 

In  1815  with  Portugal,  by  treaty  signed  at  Vienna. 

In  1817  with  Portugal,  by  convention  signed  at  London,  prohibiting  universally  the 
carrying  on  of  the  slave-trade  by  Portuguese  vessels  bound  to  any  port  not  in  the  do 
minions  of  Portugal ;  also  referring  to  arrangements  to  be  adopted  "  as  soon  as  the  total 
abolition  of  the  slave-trade,  for  the  subjects  of  the  crown  of  Portugal,  shall  have  taken 
place." 

In  1817  with  Spain,  by  treaty  of  Madrid,  engaging  that  the  slave-trade  shall  be  abol 
ished  throughout  the  entire  dominions  of  Spain  on  the  30th  of  May,  1820 ;  restricting 
the  Spanish  trade  in  the  meantime  to  the  south  of  the  equator ;  and  also  confining  it  to 
the  Spanish  dominions. 

In  1817  with  Radama,  king  of  Madagascar  and  its  dependencies,  by  treaty  signed  at 
Tamatave. 

In  1818  with  the  Netherlands,  by  treaty  signed  at  the  Hague,  specifying  restrictions 
under  which  the  reciprocal  right  of  search  is  to  be  exercised. 

In  1820  with  Madagascar,  by  additional  articles. 

In  1822  with  Imaum,  of  Muscat,  by  treaty  signed  at  Muscat. 

In  1822  with  the  Netherlands,  with  explanatory  and  additional  articles.  Also  with 
Spain,  by  explanatory  articles. 

In  1823  with  the  Netherlands,  by  additional  article  ;  with  Portugal  by  additional  arti 
cle,  and  with  Madagascar  by  additional  article. 

In  1824  with  Sweden,  by  treaty  of  Stockholm,  arranging  reciprocal  right  of  search. 

In  1826  with  Brazil,  by  treaty  of  Rio,  renewing,  on  the  separation  of  that  empire  from 
Portugal,  the  stipulations  of  subsisting  treaties  with  the  latter  power. 

In  1831  with  France,  by  convention  at  Paris,  stipulating  mutual  right  of  search  with 
in  certain  seas  by  a  number  of  ships  of  war,  to  be  fixed  every  year  by  mutual  agree 
ment.  Also  in  1833,  further  regulating  the  right  of  search  and  visitation. 

In  1834  with  Denmark,  by  treaty  of  Copenhagen,  containing  the  accession  of  his 
Danish  Majesty  to  the  conventions  between  Great  Britain  and  France  of  1831  and  1833, 
regulating  the  mutual  right  of  search. 

In  1834  with  Sardinia,  by  additional  article  respecting  place  of  landing  negroes  found 
in  vessels  with  Sardinian  flag. 

In  1835  with  Spain,  treaty  of  Madrid,  abolishing  slave-trade  henceforward  on  part  of 
Spain  totally  and  finally,  in  all  parts  of  the  world  ;  and  regulating  right  of  search  recip 
rocally. 

In  1835  with  Sweden,  by  additional  article. 

In  1837  with  Tuscany,  containing  accession  of  the  Grand  Duke  to  the  French  conven 
tions  of  1831  and  1833. 

In  1837  with  Hanse  Towns,  to  the  same  effect. 

In  1838  with  kingdom  of  the  Two  Sicilies,  to  the  same  effect. 

In  1839  with  Republic  of  Venezuela,  by  treaty  signed  at  Caracas,  abolishing  forever 
the  African  slave-trade  ;  expressing  the  determination  of  Venezuela  to  enforce  the  pro 
visions  of  a  law  passed  in  1825,  declaring  Venezuelans  found  engaged  in  that  trade  to  be 


TREATIES.  303 

pirates,  and  punishable  with  death ;  also  regulating  the  mutual  right  of  visitation  and 
search. 

In  1839  with  Chili,  by  treaty  signed  at  Santiago  ;  with  Uruguay,  by  treaty  signed  a 
Montevideo  ;  with  the  Argentine  Confederation,  by  treaty  signed  at  Buenos  Ayres  ;  and 
with  Hayti,  by  convention  signed  at  Port-au-Prince. 

In  1840  with  Bolivia,  by  treaty  signed  at  Sucre ;  and  with  Texas,  by  treaty  signed  at 
London. 

In  1841  with  Mexico,  by  treaty  signed  at  Mexico  ;  and  with  Austria,  Russia  and  Prus 
sia,  by  treaty  signed  at  London,  16th  November. 

In  1842  with  United  States,  by  treaty  signed  at  Washington,  stipulating  that  each 
party  shall  maintain  on  the  coast  of  Africa  a  naval  force  of  not  less  than  80  guns,  "to 
enforce,  separately  and  respectively,  the  laws,  rights,  and  obligations  of  each  of  the 
two  countries  for  the  suppression  of  the  slave-trade ;  the  said  squadrons  to  be  indepen 
dent  of  each  other,  but  to  act  in  concert  and  co-operation,  upon  mutual  consultation,  as 
exigencies  may  arise." 

In  1842  with  Portugal,  by  treaty  signed  at  Lisbon.  Also,  same  year,  with  Argentine 
Republic  and  Hayti. 

In  1845  with  Brazil. 

In  1845  with  France,  by  a  convention  signed  at  London,  by  which  each  power  is  to 
keep  up  an  equal  naval  force  on  the  western  coast  of  Africa,  and  the  right  of  visitation 
is  to  be  exercised  only  by  cruisers  of  the  nation  whose  flag  is  carried  by  the  suspected 
vessel. 


CHAPTER    XVIII. 

EFFORTS  TO  SUPPRESS  THE  SLAVE-TRADE. — OPERATIONS  OF  THE  CRUISERS 

Treaty  between  England  and  the  United  States,  signed  at  Washington  in  1842. — U.  S. 
African  Squadron  under  the  treaty. — The  Truxton  captures  an  American  slaver, 
the  Spitfire,  of  New  Orleans. — The  Yorktown  captures  the  Am.  bark  Pens,  with  896 
slaves  on  board. — Commander  Bell's  description  of  the  sufferings  of  the  slaves — they 
are  landed  at  Monrovia  and  taken  care  of. — Squadron  of  1846. — Capture  of  the  Chan 
cellor. — Slave  establishment  destroyed  by  the. English  and  natives. — A  slaver's  history 
— embarkation  and  treatment  of  slaves. — How  disposed  of  in  Cuba. — Natural  scenery 
of  Africa. — Excursion  to  procure  slaves — their  horror  at  the  prospect  of  slavery. — 
Passage  from  Mozambique — the  small-pox  on  board. — More  horrors  of  the  Middle  Pas 
sage. — The  Estrella — revolt  of  negroes  on  board. 


T 


HE  question  of  the  abuse  of  the  American  flag  was  discussed  by  the 
British  and  American  diplomatists  in  1842.  In  the  same  year  a  treaty  be 
tween  the  two  governments  was  signed  at  "Washington.  The  treaty  stipulates 
that  each  nation  shall  maintain  on  the  coast  of  Africa  a  force  of  naval  vessels 
"  of  suitable  numbers  and  description  to  carry  in  all  not  less  than  eighty  guns, 
to  enforce  separately  and  respectively  the  laws,  rights,  and  obligations  of  each 
of  the  two  countries  for  the  suppression  of  the  slave-trade."  This  stipulation 
was  limited  to  the  term  of  five  years  from  the  date  of  the  exchange  of  the  rat 
ifications  of  the  treaty,  "and  afterwards,  until  one  or  the  other  party  shall 
signify  a  wish  to  terminate  it."  The  United  States  have  continued  to  main- 


304  THE  SLAVE  TRADE. 

tain  a  squadron  on  that  coast  for  the  protection  oi  its  commerce,  and  for  the 
suppression  of  the  slave-trade,  so  far  as  it  may  be  carried  on  in  American  ves 
sels,  or  by  American  citizens. 

Great  Britain  conceded,  during  the  discussion  referred  to,  as  the  slave-trade 
by  the  United  States  had  only  been  declared  piracy  in  a  municipal  sense,  that 
although  a  vessel  was  fully  equipped  for  the  trade,  and  even  had  slaves  on 
board,  if  American,  she  was  not  amenable  to  British  cruisers. 

The  question  is  still  open,  How  is  a  vessel  to  be  ascertained  to  be  Ameri 
can  ?  The  United  States  do  not  claim  that  their  flag  shall  give  immunity  to 
those  who  are  not  American  ;  but  any  vessel  which  claims  to  be  American,  and 
hoists  the  American  flag,  may  be  boarded  and  examined  by  an  American 
cruiser ;  but  the  right  is  not  conceded  to  any  other  cruiser ;  and  if  such  vessel 
be  really  an  American,  the  boarding  officer  will  be  regarded  in  the  light  of  a 
trespasser,  and  the  vessel  will  have  all  the  protection  which  that  flag  supplies. 
If  the  vessel  proves  to  be  not  an  American,  the  flag  affords  no  protection.  A 
foreign  officer  boarding  a  vessel  under  the  American  flag  does  it  upon  his  own 
responsibility  for  all  consequences.* 

These  principles  not  being  clearly  understood,  led  to  some  mistakes  on  the 
part  of  the  British  cruisers ;  and  occasionally  a  genuine  American  slaver  was 
captured  and  condemned  by  an  English  admiralty  court,  which  had  no  legal 
jurisdiction  over  her.  In  commenting  on  these  proceedings,  Dr.  Hall,  of  the 
Maryland  colony  at  Cape  Palmas,  says:  "No  stronger  incentive  could  be 
given  to  the  commission  of  outrageous  acts  on  the  part  of  the  British  cruisers, 
than  the  course  pursued  by  the  United  States  government  in  declaring  the 
slave-trade  piracy,  and  then  taking  no  effective  steps  to  prevent  its  prosecu 
tion  under  their  own  flag "  Again  he  says  :  "If  our  force  is  not  increased, 
and  we  continue  to  disregard  the  prostitution  of  our  flag,  annoyances  to  our 
merchantmen  will  more  frequently  occur.  We  shall  no  longer  receive  the  pro 
tection  of  British  cruisers,  which  has  ever  been  rendered  to  American  vessels, 
and  without  which  the  whole  coast  would  be  lined  with  robbers  and  pirates." 

In  1843  the  United  States  African  squadron  was  established  under  the 
treaty,  and  placed  under  the  command  of  Commodore  Perry.  It  consisted  of 
the  Macedonian  frigate,  the  sloops  of  war  Saratoga  and  Decatur,  and  the  brig 
Porpoise.  The  squadron  was  actively  employed  in  protecting  legal  commerce 
and  checking  the  slave-trade  carried  on  in  American  vessels.  It  was  relieved 
in  1845  by  the  arrival  of  Commodore  Skinner  with  the  sloops  of  war  James 
town,  Yorktown,  and  Preble,  and  the  brig  Truxton.  An  officer  of  the  Trux- 
ton,  under  date  of  March  29,  1845,  off  Sierra  Leone,  says: 

"Here  we  are  in  tow  of  her  Britannic  Majesty's  steamer  Ardent,  with  an 
American  schooner,  our  prize,  and  a  Spanish  brigantine,  prize  to  the  steamer, 
captured  in  the  Rio  Pongas,  one  hundred  miles  to  the  northward.  We  had 
good  information  when  we  left  Monrovia,  that  there  was  a  vessel  in  the  Pongas, 
waiting  a  cargo ;  and  on  our  arrival  off  the  river,  finding  an  English  man-of- 

*  A.  H.  Foote,  Commander,  U.  S.  Navy. 


THE  CRUISERS.  305 

war  steamer,  arrangements  were  made  to  send  a  combined  boat  expedition  to 
make  captures  for  both  vessels."  The  American  boats  were  in  charge  of  lieu 
tenant  Blunt. 

"  On  coming  in  sight,  our  little  schooner  ran  up  American  colors  to  protect 
herself  from  any  suspicion,  when  our  boats,  after  running  alongside  of  her, 
produced  the  stripes  and  stars,  much  to  the  astonishment  of  those  on  board. 
She  proved  to  be  the  Spitfire,  of  New  Orleans,  and  ran  a  cargo  of  slaves  from 
the  same  place  last  year.  Of  only  about  one  hundred  tons ;  but  though  of  so 
small  a  size,  she  stowed  three  hundred  and  forty-six  negroes,  and  landed  near 
Matanzas,  Cuba,  three  hundred  and  thirty-nine.  ^ 

"  Between  her  decks,  where  the  slaves  are  packed,  there  is  not  room  for  a 
man  to  sit,  unless  inclining  his  head  forward  ;  their  food,  half  a  pint  of  rice 
per  day,  with  one  pint  of  water.  No  one  can  imagine  the  sufferings  of  slaves 
on  their  passage  across,  unless  the  conveyances  in  which  they  are  taken  are  ex 
amined.  Our  friend  had  none  on  board,  but  his  cargo  of  three  hundred  were 
ready  in  a  barracoon,  waiting  a  good  opportunity  to  start.  A  good  hearty 
negro  costs  but  twenty  dollars,  or  thereabouts,  and  is  purchased  for  rum,  pow 
der,  tobacco,  cloth,  &c.  They  bring  from  three  to  four  hundred  dollars  in 
Cuba.  The  English  are  doing  everything  in  their  power  to  prevent  the  slave- 
trade  ;  and  keep  a  force  of  thirty  vessels  on  this  coast,  all  actively  cruising. 
The  British  boats  also  brought  down  a  prize ;  and  the  steamer  is  at  this  mo 
ment  towing  the  Truxton,  the  Truxton's  prize,  and  her  own,  at  the  rate  of  six 
miles  an  hour. 

"It  is  extremely  difficult  to  get  up  these  rivers  to  the  places  where  the  slavers 
lie.  The  whole  coast  is  intersected  by  innumerable  rivers,  with  branches  pour 
ing  into  them  from  every  quarter,  and  communicating  with  each  other  by  nar 
row,  circuitous  and  very  numerous  creeks,  bordered  on  each  side  with  impene 
trable  thickets  of  mangroves.  In  these  creeks,  almost  concealed  by  the  trees, 
the  vessels  lie,  and  often  elude  the  strictest  search.  But  when  they  have  taken 
on  board  their  living  cargo,  and  are  getting  out  to  sea,  the  British  are  very 
apt  to  seize  them,  except,  alas  1  when  they  are  protected  by  the  banner  of  the 
United  States." 

On  the  30th  of  November,  the  Yorktown,  Commander  Bell,  captured  the 
American  bark  "Pons,"  off  Kabenda,  on  the  south  coast,  with  eight  hundred 
and  ninety-six  slaves  on  board.  This  vessel  had  been  at  Kabenda  about  twenty 
days  before,  during  which  she  had  been  closely  watched  by  the  British  cruiser 
"Cygnet."  The  Cygnet,  leaving  one  morning,  the  master  of  the  Pons,  James 
Berry,  immediately  gave  up  the  ship  to  Grallano,  the  Portuguese  master.  Dur 
ing  the  day,  so  expeditious  had  they  been,  that  water  and  provisions  were 
received  on  board,  and  nine  hundred  and  three  slaves  were  embarked ;  and  at 
eight  o'clock  the  same  evening,  the  Pons  was  under  way.  Instead  of  standing 
out  to  sea,  she  kept  in  with  the  coast  during  the  night ,  and  in  the  morning 
discovering  the  British  cruiser,  furled  sails,  and  drifted  so  close  to  the  shore  that 
the  negroes  came  down  to  the  beach  in  hopes  of  her  being  wrecked.  She  thus 
20 


306  THE  SLAVE  TRADE. 

eluded  detection.     When  clear  of  the  Cygnet,  she  stood  out  to  sea,  and  two 
days  afterwards  was  captured  by  the  Yorktown. 

Commander  Bell  says :  "  The  captain  took  us  for  an  English  man-of-war 
and  hoisted  the  American  colors ;  and  no  doubt  had  papers  to  correspond." 
These  he  threw  overboard.  "As  soon  as  the  slaves  were  recaptured,  they  gave 
a  shout  that  could  have  been  heard  a  mile. " 

During  the  night,  eighteen  of  the  slaves  had  died,  and  one  jumped  overboard. 
The  master  accounted  for  the  number  dying  from  the  necessity  of  his  sending 
below  all  the  slaves  on  deck,  and  closing  the  hatches,  when  he  fell  in  with  the 
Yorktown,  in  order  to  escape  detection.  Ought  not  every  such  death  be  re 
garded  as  murder  ? 

Commander  Bell  says :  "  The  vessel  has  no  slave-deck,  and  upwards  of  eight 
hundred  and  fifty  were  piled,  almost  in  bulk,  on  water-casks  below.  As  the 
ship  appeared  to  be  less  than  three  hundred  and  fifty  tons,  it  seemed  impossible 
that  one-half  could  have  lived  to  cross  the  Atlantic.  About  two  hundred  filled 
up  the  spar-deck  alone  when  they  were  permitted  to  come  up  from  below ;  and 
yet  the  captain  assured  me  that  it  was  his  intention  to  have  taken  four  hun 
dred  more  on  board  if  he  could  have  spared  the  time. 

"  The  stench  from  below  was  so  great  that  it  was  impossible  to  stand  more 
than  a  few  minutes  near  the  hatchways.  Our  men  who  went  below  from  curi 
osity,  were  forced  up  sick  in  a  few  minutes :  then  all  the  hatches  were  off. 
What  must  have  been  the  sufferings  of  those  poor  wretches  when  the  hatches 
were  closed !  I  am  informed  that  very  often  in  these  cases,  the  stronger  will 
strangle  the  weaker ;  and  this  was  probably  the  reason  why  so  many  died,  or 
rather  were  found  dead  the  morning  after  the  capture.  None  but  an  eye-wit 
ness  can  form  a  conception  of  the  horrors  these  poor  creatures  must  endure  in 
their  transit  across  the  ocean. 

"I  regret  to  say  that  most  of  this  misery  is  produced  by  our  own  country 
men.  They  furnish  the  means  of  conveyance  in  spite  of  existing  enactments ; 
and  although  there  are  strong  circumstances  against  Berry,  the  late  master  of 
the  Pons,  sufficient  to  induce  me  to  detain  him,  if  I  should  meet  him,  I  fear 
neither  he  nor  his  employers  can  be  reached  by  our  present  laws." 

In  this  letter  to  the  Secretary  of  the  Navy,  Commander  Bell  adds  :  "For 
twenty  days  did  Berry  wait  in  the  roadstead  of  Kabenda,  protected  by  the  flag 
of  his  country,  yet  closely  watched  by  a  foreign  man-of-war,  who  was  certain 
of  his  intention ;  but  the  instant  that  cruiser  is  compelled  to  withdraw  for  a 
few  hours,  he  springs  at  the  opportunity  of  enriching  himself  and  owners,  and 
disgracing  the  flag  which  had  protected  him." 

The  prize  "  Pons  "  was  taken  to  Monrovia.  There  the  slaves  were  landed, 
and  gave  the  people  a  practical  exhibition  of  the  trade  by  which  their  ancestors 
had  been  torn  from  their  homes.  In  the  fourteen  days  intervening  between  the 
capture  and  arrival  of  the  vessel  at  Monrovia,  one  hundred  and  fifty  had  died. 

"The  slaves,"  says  the  Monrovia  Herald  of  December  28th,  "were  much 
emaciated,  and  so  debilitated  that  many  of  them  found  difficulty  in  getting  out 
of  the  boats.  Such  a  spectacle  of  misery  and  wretchedness,  inflicted  by  a 


THE  CRUISERS.  307 

lawless  and  ferocious  cupidity,  so  excited  our  people,  that  it  became  unsafe  for 
the  captain  of  the  slaver,  who  had  come  to  look  on,  to  remain  on  the  beach. 
Eight  slaves  died  in  harbor  before  they  were  landed,  and  their  bodies  were 
thrown  overboard." 

The  slaves,  who  were  from  eight  to  thirty  years  of  age,  came  starved  and 
thirsting  from  on  board.  Caution  was  required  in  giving  them  food.  "When 
it  was  supposed  that  the  danger  of  depletion  was  over,  water  was  poured  into 
a  long  canoe,  into  which  they  plunged  like  hungry  pigs  into  a  trough — the 
stronger  faring  the  best." 

Still,  the  kindness  of  human  nature  had  not  altogether  been  obliterated  by 
length  and  intensity  of  suffering.  Two  boys,  brothers,  had  found  beside  them 
a  younger  boy  of  the  same  tribe,  who  was  ill.  They  contrived  to  nestle  to 
gether  on  the  deck,  under  such  shelter  as  the  cover  of  the  long-boat  offered 
them — a  place  where  the  pigs,  if  they  are  small  enough,  are  generally  stowed. 
There  they  made  a  bed  of  some  oakum  for  their  dying  companion,  and  placed 
a  piece  of  old  canvas  under  his  head.  Night  and  day  one  was  always  awake 
to  watch  him.  Hardship  rendered  their  care  fruitless :  the  night  after  the  ves 
sel  anchored  he  died,  and  was  thrown  overboard. 

The  recaptured  slaves  were  apprenticed  out  to  the  Liberians,  and  kindly 
treated  and  cared  for.  An  American  who  visited  Monrovia  a  few  years  after, 
found  many  of  them  admitted  to  the  churches  as  members,  and  others  attend 
ing  the  Sabbath  schools.  The  squadron  also  captured  several  empty  slavers 
and  sent  them  to  the  United  States. 

In  1846  this  squadron  was  relieved,  and  the  sloop  of  war  Marion,  brigs 
Dolphin  and  Boxer,  with  the  flag-ship  United  States,  Commodore  Read,  were 
sent  out. 

The  Dolphin  was  lying  at  Cape  Mount,  watching  the  American  bark  Chan 
cellor,  which  was  trading  with  the  suspected  Captain  Canot,  since  extensively 
known  throughout  the  United  States  by  his  "Life  of  an  African  Slaver." 
The  British  cruiser  Favorite  was  stationed  off  the  cape,  and  the  officers  stirred 
up  the  chiefs,  who  were  bound  by  treaty  to  suppress  the  slave-trade,  to  attack 
and  destroy  the  extensive  trading  establishment  of  Canot,  who  they  said  was 
making  preparations  for  slaving.  The  premises  were  burnt,  together  with  a 
large  stock  of  goods  he  had  shipped  from  New  York.  Captain  Canot  states 
in  his  book,  that  his  brigantine,  stores  and  dwellings,  were  fired  by  the  officers 
and  crew  of  the  cruiser,  and  that  he  was  then  engaged  in  a  legitimate  business. 

We  leave  the  narrative  of  the  operations  of  the  cruisers  for  the  present,  in 
order  to  present  some  scenes  in  the  life  of  a  slave-trader.  This  Captain  Canot 
had  been  engaged  for  twenty  years  in  the  traffic.  After  his  downfall,  as  re 
lated,  he  embraced,  with  zeal,  the  first  opportunity  to  mend  his  fortunes  by 
honorable  industry,  and  succeeded.  His  journals  and  papers  were  placed  in 
the  hands  of  Brantz  Mayer,  who  wrote  out  the  history  of  his  life.  Dr.  Hall, 
the  distinguished  founder  and  first  governor  of  the  Maryland  colony,  pro 
nounced  him,  setting  aside  his  career  as  a  slaver,  a  man  of  unquestionable  in 
tegrity.  The  N.  A.  Review,  upon  sufficient  grounds,  pronounced  the  work 


•  * 


308  THE  SLAVE  TRADE. 

truthful  and  reliable  as  to  the  events  described.  While  the  genius  of  Mayei 
has  imparted  a  pleasant  coloring  to  some  of  the  incidents,  it  has  also  portrayed 
with  fidelity  the  repelling  horrors  of  a  traffic,  which,  in  the  language  of  a 
gallant  naval  officer,  "  for  revolting,  heartless  atrocity,  might  make  the  devil 
wonder,  and  hell  recognize  its  own  likeness  " 

A  correct  idea  of  the  crew  of  a  slaver  may  be  formed  from  Canot's  description 
of  his  first  voyage:  "Our  crew  consisted  of  twenty-one  scamps,  Spaniards, 
Portuguese,  Frenchmen  and  mongrels,  the  refuse  of  the  press-gang  and  jail 
birds.  The  Areostatico  cleared  at  Havana  for  the  Cape  de  Yerde  isles,  but  in 
truth  bound  for  the  Rio  Pongo.  Accustomed  as  I  had  been  to  wholesome 
American  seamanship  and  discipline,  I  trembled  not  a  little  when  I  discovered 
the  amazing  ignorance  of  the  master  and  the  utter  worthlessness  of  the  crew. 
Forty-one  days,  however,  brought  us  to  the  end  of  our  voyage  at  the  mouth  of 
the  Rio  Pongo.  While  we  were  slowly  drifting  between  the  river  banks,  and 
watching  the  gorgeous  vegetation  of  Africa,  which  that  evening  first  burst  upon 
my  sight,  I  fell  into  a  chat  with  the  native  pilot,  who  had  been  in  the  United 
States,  and  spoke  English  remarkably  well.  Berak  very  soon  inquired  whether 
there  was  any  one  else  on  board  who  spoke  the  language  besides  myself,  and 
when  told  that  the  cabin-boy  alone  knew  it,  he  whispered  a  story  which,  in 
truth,  I  was  not  the  least  surprised  to  hear. 

"  That  afternoon  one  of  our  crew  had  attempted  the  captain's  life,  while  on 
shore,  by  snapping  a  carbine  behind  his  back!  Our  pilot  learned  the  fact 
from  a  native  who  followed  the  party  from  the  landing  along  the  beach,  and 
its  truth  was  confirmed,  in  his  belief,  by  the  significant  boasts  made  by  the 
tallest  of  the  boatmen  who  accompanied  him  on  board.  He  was  satisfied  that 
the  entire  gang  contemplated  our  schooner's  seizure. 

"The  pilot's  story  corroborated  some  hints  I  received  from  our  cook  during 
the  voyage.  It  struck  me  instantly,  that  if  a  crime  like  this  was  really  designed, 
no  opportunity  for  its  execution  could  be  more  propitious  than  the  present.  I 
determined,  therefore,  to  omit  no  precaution  that  might  save  the  vessel  and  the 
lives  of  her  honest  officers.  On  examining  the  carbines  brought  back  from 
shore,  which  I  had  hurriedly  thrown  into  the  arm-chest  on  deck,  I  found  that 
the  lock  of  this  armory  had  been  forced,  and  several  pistols  and  cutlasses  ab 
stracted. 

"Preparations  had  undoubtedly  been  made  to  assassinate  us.  As  night  drew 
on,  my  judgment,  as  well  as  nervousness,  convinced  me  that  the  darkness 
would  not  pass  without  a  murderous  attempt.  There  was  an  unusual  silence. 
On  reaching  port,  there  is  commonly  fun  and  merriment  among  crews ;  but  the 
usual  song  and  invariable  guitar  were  omitted  from  the  evening's  entertain 
ment.  I  searched  the  deck  carefully,  yet  but  two  mariners  were  found  above 
the  hatches,  apparently  asleep.  Inasmuch  as  I  was  only  a  subordinate  officer, 
I  could  not  command,  nor  had  I  any  confidence  in  the  nerve  or  judgment  of 
the  chief  mate,  if  I  trusted  my  information  to  him.  Still  I  deemed  it  a  duty 
to  tell  him  the  story,  as  well  as  my  discovery  about  the  missing  arms.  Ac 
cordingly,  I  called  the  first  officer,  boatswain,  and  cook,  as  quietly  as  possible, 


THE  SLAVE  TRADE.  309 

into  the  cabin,  leaving  our  English  cabin-boy  to  watch  in  the  companion  way. 
Here  I  imparted  our  danger,  and  asked  their  assistance  in  striking  the  first 
blow.  My  plan  was  to  secure  the  crew,  and  give  them  battle.  The  mate,  as 
I  expected,  shrank  like  a  girl,  declining  any  step  till  the  captain  returned. 
The  cook  and  boatswain,  however,  silently  approved  my  movement ;  so  that 
we  counseled  our  cowardly  comrade  to  remain  below,  while  we  assumed  the 
responsibility  and  risk  of  the  enterprise. 

"  It  may  have  been  rather  rash,  but  I  resolved  to  begin  the  rescue,  by  shoot 
ing  down,  like  a  dog,  and  without  a  word,  the  notorious  Cuban  convict  who 
had  attempted  the  captain's  life.  This,  I  thought,  would  strike  panic  into  the 
mutineers,  and  end  the  mutiny  in  the  most  bloodless  way.  Drawing  a  pair  of 
large  horse-pistols  from  beneath  the  captain's  pillow,  and  examining  the  load, 
I  ordered  the  cook  and  boatswain  to  follow  me  to  the  deck.  But  the  craven 
officer  would  not  quit  his  hold  on  my  person.  He  besought  me  not  to  commit 
murder.  He  clung  to  me  with  the  panting  fear  and  grasp  of  a  woman.  He 
begged  me,  with  every  term  of  endearment,  to  desist ;  and,  in  the  midst  of 
my  scuffle  to  throw  him  off,  one  of  the  pistols  accidentally  exploded.  A  mo 
ment  after,  my  vigilant  watch-boy  screamed  from  the  starboard  a  warning 
'  look-out ! '  and  peering  forward  in  the  blinding  darkness  as  I  emerged  from 
the  lighted  cabin,  I  beheld  the  stalwart  form  of  the  ringleader,  brandishing  a 
cutlass  within  a  stride  of  me.  I  aimed  and  fired.  We  both  fell :  the  muti 
neer  from  two  balls  in  his  abdomen,  and  I  from  the  recoil  of  an  over-charged 
pistol. 

"  My  face  was  cut  and  my  eye  injured  by  the  concussion ;  but  as  neither 
combatant  was  deprived  of  consciousness,  in  a  moment  we  were  both  on  our 
feet.  The  Spanish  felon,  however,  pressed  his  hand  on  his  bowels,  and  rushed 
forward,  exclaiming  he  was  slain ;  but  in  his  descent  to  the  forecastle  he  was 
stabbed  in  the  shoulder  with  a  bayonet  by  the  boatswain,  whose  vigorous 
blow  drove  the  weapon  with  such  trmendous  force  that  it  could  hardly  be 
drawn  from  the  scoundrel's  carcass. 

"  I  said  I  was  up  in  a  moment ;  and  feeling  my  face  with  my  hand  I  per 
ceived  a  quantity  of  blood  on  my  cheek,  around  which  I  hastily  tied  a  hand 
kerchief,  below  my  eyes.  I  then  rushed  to  the  arm-chest.  At  that  moment, 
the  crack  of  a  pistol  and  a  sharp,  boyish  cry,  told  me  that  my  pet  was  wound 
ed  beside  me.  I  laid  him  behind  the  hatchway  and  returned  to  the  charge. 
By  this  time  I  was  blind  with  rage,  and  fought,  it  seems,  like  a  madman.  I 
confess  that  I  have  no  personal  recollection  whatever  of  the  following  events, 
and  only  learned  them  from  the  subsequent  reports  of  the  cook  and  the  boat 
swain. 

"I  stood,  they  said,  over  the  arm-chest  like  one  spell-bound.  My  eyes 
were  fixed  on  the  forecastle ;  and,  as  head  after  head  loomed  up  out  of  the 
darkness  above  the  hatch,  I  discharged  carbine  after  carbine  at  the  mark. 
Every  thing  that  moved  fell  by  my  aim.  As  I  fired  the  weapons,  I  flung  them 
away  to  grasp  fresh  ones ;  and,  when  the  battle  was  over,  the  cook  aroused  me 
from  my  mad  stupor,  still  groping  wildly  for  arms  in  the  emptied  chest. 


310  THE  SLAVE  TRADE. 

"As  the  smoke  cleared  off,  the  fore  part  of  our  schooner  seemed  utterly  de 
serted  ;  yet  we  found  two  men  dead,  one  in  mortal  agony  on  the  deck,  while 
the  ringleader  and  a  colleague  were  gasping  in  the  forecastle.  Six  pistols 
were  fired  against  us  from  forward ;  but,  strange  to  say,  the  only  efficient  ball 
was  the  one  that  struck  my  English  boy's  leg. 

"When  I  came  to  my  senses,  my  first  quest  was  for  the  gallant  boatswain, 
who,  being  unarmed  on  the  forecastle  when  the  unexpected  discharge  took 
place,  and  seeing  no  chance  of  escape  from  my  murderous  carbines,  took  refuge 
over  the  bows. 

"  Our  cabin-boy  was  soon  quieted.  The  mutineers  needed  but  little  care 
for  their  hopeless  wounds,  while  the  felon  chief,  like  all  such  wretches,  died  in 
an  agony  of  despicable  fear,  shrieking  for  pardon.  My  shriving  of  his  sins 
was  a  speedy  rite  !  Such  was  my  .first  night  in  Africa  ! 

"  There  are  casual  readers  who  may  consider  the  scene  described  unnatural. 
It  may  be  said  that  a  youth,  whose  life  had  been  checkered  by  trials  and  dis 
asters,  but  who  preserved  a  pure  sensibility  throughout  them,  is  sadly  distorted 
when  portrayed  as  expanding,  at  a  leap,  into  a  desperado.  I  have  but  little  to 
say  in  reply  to  these  objections,  save  that  the  occurrences  are  perfectly  true 
as  stated,  and,  moreover,  that  I  am  satisfied  that  they  were  only  the  natural 
developments  of  my  character. 

"  From  my  earliest  years  I  have  adored  nobility  of  soul,  and  detested  dis 
honor  and  treachery.  I  have  passed  through  scenes  which  will  be  hereafter 
told,  that  the  world  may  qualify  by  harsh  names  ;  yet  I  have  striven  to  con 
duct  myself  throughout  them,  not  only  with  the  ideas  of  fairness  current  among 
reckless  men,  but  with  the  truth  that,  under  all  circumstances,  characterizes  an 
honorable  nature. 

"Now  the  tragedy  of  my  first  night  on  the  Rio  Pongo  was  my  transition 
from  pupilage  to  responsible  independence.  I  do  not  allege  in  a  boastful 
spirit  that  I  was  a  man  of  courage  ;  because  courage,  or  the  want  of  it,  are 
things  for  which  a  person  is  no  more  responsible  than  he  is  for  the  possession 
or  lack  of  physical  strength.  I  was,  moreover,  always  a  man  of  what  I  may 
style  self-possessed  passion.  I  was  endowed  with  something  more  than  cool 
energy ;  or,  rather,  cool  energy  was  heightened  and  sublimated  by  the  fire  of 
an  ardent  nature.  Hitherto  I  had  been  tempered  down  by  the  habitual  obe 
dience  to  which  I  was  subjected  as  a  sailor  under  lawful  discipline.  But  the 
events  of  the  last  six  months,  and  especially  the  gross  relaxation  on  the  voy 
age  to  Africa,  the  risks  we  had  run  in  navigating  the  vessel,  and  the  outlaws 
that  surrounded  me,  not  only  kept  my  mind  for  ever  on  the  alert,  but  aroused 
my  dormant  nature  to  a  full  sense  of  duty  and  self-protection. 

"Is  it  unnatural,  then,  for  a  man  whose  heart  and  nerves  have  been  laid  bare 
for  months,  to  quiver  with  agony  and  respond  with  headlong  violence  when 
imperiled  character,  property  and  life,  hang  upon  the  fiat  of  his  courageous 
promptitude  ?  The  doubters  may  cavil  over  the  philosophy,  but  I  think  I  may 
remain  content  with  the  fact.  I  did  my  duty — dreadful  as  it  was. 

"  Let  me  draw  a  veil  over  our  gory  decks  when  the  gorgeous  sun  of  Africa 


A  SLAVE  TRADER.  311 

shot  his  first  rays  through  the  magnificent  trees  and  herbage  that  hemmed  the 
placid  river.  Five  bodies  were  cast  into  the  stream,  and  the  traces  of  the 
tragedy  obliterated  as  well  as  possible.  The  recreant  mate,  who  plunged  into 
the  cabin  at  the  report  of  the  first  pistol  from  the  forecastle,  reappeared  with 
haggard  looks  and  trembling  frame,  to  protest  that  lie  had  no  hand  in  what  he 
called  "the  murder."  The  cook,  boatswain,  and  African  pilot  recounted  the 
whole  transaction  to  the  master,  who  inserted  it  in  the  log-book,  and  caused 
me  to  sign  the  narrative  with  unimplicated  witnesses.  Then  the  wound  of  the 
cabin-boy  was  examined  and  found  to  be  trifling,  while  mine,  though  not  pain 
ful,  was  thought  to  imperil  my  sight.  The  flint  lock  of  a  rebounding  pistol 
had  inflicted  three  gashes  just  beneath  the  eye  on  my  cheek. 

"  There  was  but  little  appetite  for  breakfast  that  day.  After  the  story  was 
told  and  recorded,  we  went  sadly  to  work  unmooring  the  vessel,  bringing  her 
slowly  like  a  hearse  to  an  anchorage  in  front  of  Bangalang,  the  residence  and 
factory  of  Mr.  Ormond,  better  known  by  the  country  name  of  "Mongo  John." 
This  personage  came  on  board  early  in  the  morning  with  our  returned  captain, 
and  promised  to  send  a  native  doctor  to  cure  both  my  eye  and  the  boy's  leg, 
making  me  pledge  him  a  visit  as  soon  as  the  vessel's  duties  would  permit. 

"  When  the  runners  returned  from  the  interior  with  the  slaves  required  to 
complete  the  Areostatico's  cargo,  I  considered  it  my  duty  to  the  Italian  grocer 
of  Regla  to  dispatch  his  vessel  personally.  Accordingly,  I  returned  on  board 
to  aid  in  stowing  one  hundred  and  eight  boys  and  girls,  the  eldest  of  whom 
did  not  exceed  fifteen  years  of  age  !  As  I  crawled  between  decks,  I  confess  I 
could  not  imagine  how  this  little  army  was  to  be  packed  or  draw  breath  in  a 
hold  but  twenty-two  inches  high  !  Yet  the  experiment  was  promptly  made, 
inasmuch  as  it  was  necessary  to  secure  them  below  in  descending  the  river,  in 
order  to  prevent  their  leaping  overboard  and  swimming  ashore.  I  found  it 
impossible  to  adjust  the  whole  of  them  in  a  sitting  posture  ;  but  we  made  them 
lie  down  in  each  other's  laps,  like  sardines  in  a  can,  and  in  this  way  obtained 
space  for  the  entire  cargo.  Strange  to  tell,  when  the  Areostatico  reached  Ha 
vana,  but  three  of  these  "passengers"  had  paid  the  debt  of  nature." 

Capt.  Canot  remained  on  the  coast,  first  as  secretary  to  Ormond,  and  finally 
established  himself  as  a  regular  "trader."  The  first  vessel  consigned  to  him 
was  the  Fortuna,  which  he  promptly  dispatched  with  220  human  beings  packed 
in  her  hold.  The  vessel  arrived  safe  at  Matanzas,  yielding  a  "clear  profit  to 
the  owners  of  $41,000."  The  Areostatico  again  returned  and  was  dispatched 
with  a  "  choice  cargo  of  Mandingoes  "  for  house  servants  in  Havana.  This 
vessel  went  to  the  bottom  in  a  gale. 

Of  the  embarkation  and  treatment  of  slaves  he  says  :  "As  I  am  now  fair 
ly  embarked  in  a  trade  which  absorbed  so  many  of  my  most  vigorous  years,  I 
suppose  the  reader  will  not  be  loth  to  learn  a  little  of  my  experience  in  the 
alleged  "cruelties"  of  this  commerce;  and  the  first  question,  in  all  likelihood, 
that  rises  to  his  lips,  is  a  solicitation  to  be  apprised  of  the  embarkation  and 
treatment  of  slaves  on  the  dreaded  voyage. 

"An  African  factor  of  fair  repute  is  ever  careful  to  select  his  human  cargo 


312  THE  SLAVE  TRADE. 

with  consummate  prudence,  so  as  not  only  to  supply  his  employers  with  ath 
letic  laborers,  but  to  avoid  any  taint  of  disease  that  may  affect  the  slaves  in 
their  transit  to  Cuba  or  the  American  main.  Two  days  before  embarkation, 
the  head  of  every  male  and  female  is  neatly  shaved ;  and,  if  the  cargo  belongs 
to  several  owners,  each  man's  brand  is  impressed  on  the  body  of  his  respective 
negro.  This  operation  is  performed  with  pieces  of  silver  wire  or  small  irons 
fashioned  into  the  merchant's  initials,  heated  just  hot  enough  to  blister  with 
out  burning  the  skin.  When  the  entire  cargo  is  the  venture  of  but  one  pro 
prietor,  the  branding  is  always  dispensed  with. 

"On  the  appointed  day,  the  barracoon,  or  slave-pen,  is  made  joyous  by  the 
abundant  "feed"  which  signalizes  the  negro's  last  hours  in  his  native  country. 
The  feast  over,  they  are  taken  alongside  the  vessel  in  canoes ;  and  as  they 
touch  the  deck,  they  are  entirely  stripped,  so  that  the  women  as  well  as  men 
go  out  of  Africa  as  they  came  into  it — naked.  This  precaution,  it  will  be 
understood,  is  indispensable;  for  perfect  nudity,  during  the  whole  voyage,  is 
the  only  means  of  securing  cleanliness  and  health.  In  this  state,  they  are  im 
mediately  ordered  below,  the  men  to  the  hold  and  the  women  to  the  cabin, 
while  boys  and  girls  are,  day  and  night,  kept  on  deck,  where  their  sole  pro 
tection  from  the  elements  is  a  sail  in  fair  weather,  and  a  tarpaulin  in  foul. 

"  It  is  the  duty  of  a  guard  to  report  immediately  whenever  a  slave  refuses 
to  eat,  in  order  that  his  abstinence  may  be  traced  to  stubbornness  or  disease. 
Negroes  have  sometimes  been  found  in  slavers  who  attempted  voluntary  starv 
ation  ;  so  that,  when  the  watch  reports  the  patient  to  be  "  shamming,"  his  ap 
petite  is  stimulated  by  the  medical  antidote  of  a  '  cat. ' 

"  At  sundown  the  process  of  stowing  the  slaves  for  the  night  is  begun.  The 
second  mate  and  boatswain  descend  into  the  hold,  whip  in  hand,  and  range 
the  slaves  in  their  regular  places ;  those  on  the  right  side  of  the  vessel  facing 
forward,  and  lying  in  each  other's  lap,  while  those  on  the  left  are  similarly 
stowed  with  their  faces  towards  the  stern.  In  this  way  each  negro  lies  on  his 
right  side,  which  is  considered  preferable  for  the  action  of  the  heart.  In  allot 
ting  places,  particular  attention  is  paid  to  size,  the  taller  being  selected  for  the 
greatest  breadth  of  the  vessel,  while  the  shorter  and  younger  are  lodged  near 
the  bows.  When  the  cargo  is  large  and  the  lower  deck  crammed,  the  super 
numeraries  are  disposed  of  on  deck,  which  is  securely  covered  with  boards  to 
shield  them  from  moisture.  The  strict  discipline  of  nightly  stowage  is,  of 
course,  of  the  greatest  importance  in  slavers,  else  every  negro  would  accom- 
date  himself  as  if  he  were  a  passenger. 

"  In  order  to  insure  perfect  silence  and  regularity  during  night,  a  slave  is 
chosen  as  constable  from  every  ten,  and  furnished  with  a  '  cat '  to  enforce  com 
mands  during  his  appointed  watch.  In  remuneration  for  his  services,  which, 
it  may  be  believed,  are  admirably  performed  whenever  the  whip  is  required, 
he  is  adorned  with  an  old  shirt  or  tarry  trowsers.  Now  and  then  billets  of 
wood  are  distributed  among  the  sleepers,  but  this  luxury  is  never  granted  un 
til  the  good  temper  of  the  negro  is  ascertained,  for  slaves  have  often  been 


THE  SLAVE  TRADE.  313 

tempted  to  mutiny  by  the  power  of  arming  themselves  with  these  pillows  from 
the  forest. 

"  But  ventilation  is  carefully  attended  to.  The  hatches  and  bulkheads  of 
every  slaver  are  grated,  and  apertures  are  cut  about  the  deck  for  ampler  cir 
culation  of  air.  Wind-sails,  too,  are  constantly  pouring  a  steady  draft  into 
the  hold,  except  during  a  chase,  when,  of  course,  every  comfort  is  temporarily 
sacrificed  for  safety.  During  calms  or  in  light  baffling  winds,  when  the  suffo 
cating  air  of  the  tropics  makes  ventilation  impossible,  the  gratings  are  always 
removed,  and  portions  of  the  slaves  allowed  to  repose  at  night  on  deck,  while 
the  crew  is  armed  to  watch  the  sleepers. 

"  Handcuffs  are  rarely  used  on  shipboard.  It  is  the  common  custom  to  se 
cure  slaves  in  the  barracoons  and  while  shipping,  by  chaining  ten  in  a  gang ; 
but  as  these  platoons  would  be  extremely  inconvenient  at  sea,  the  manacles 
are  immediately  taken  off  and  replaced  by  leg-irons,  which  fasten  them  in 
pairs  by  the  feet.  Shackles  are  never  used  but  for  full-grown  men,  while  wo 
men  and  boys  are  set  at  liberty  as  soon  as  they  embark.  It  frequently  hap 
pens  that  when  the  behavior  of  male  slaves  warrants  their  freedom,  they  are 
released  from  all  fastenings  long  before  they  arrive.  Irons  are  altogether  dis 
pensed  with  on  many  Brazilian  slavers,  as  negroes  from  Anjuda,  Benin  and 
Angola,  are  mild,  and  unaddicted  to  revolt  like  those  who  dwell  east  of  the 
Cape  or  north  of  the  Gold  Coast.  Indeed,  a  knowing  trader  will  never  use 
chains  but  when  compelled,  for  the  longer  a  slave  is  ironed  the  more  he  dete 
riorates  ;  and,  as  his  sole  object  is  to  land  a  healthy  cargo,  pecuniary  interest 
as  well  as  natural  feeling,  urges  the  sparing  of  metal. 

"  In  old  times,  before  treaties  made  slave-trade  piracy,  the  landing  of  human 
cargoes  was  as  comfortably  conducted  as  the  disembarkation  of  flour.  But 
now,  the  enterprise  is  effected  with  secrecy  and  hazard.  A  wild,  uninhabited 
portion  of  the  coast,  where  some  little  bay  or  sheltering  nook  exists,  is  com 
monly  selected  by  the  captain  and  his  confederates.  As  soon  as  the  vessel  is 
driven  close  to  the  beach  and  anchored,  her  boats  are  packed  with  slaves,  while 
the  craft  is  quickly  dismantled  to  avoid  detection  from  sea  or  land.  The  busy 
skiffs  are  hurried  to  and  fro  incessantly  till  the  cargo  is  entirely  ashore,  when 
the  secured  gang,  led  by  the  captain,  and  escorted  by  armed  sailors,  is  rapidly 
marched  to  the  nearest  plantation.  There  it  is  safe  from  the  rapacity  of  local 
magistrates,  who,  if  they  have  a  chance,  imitate  their  superiors  by  exacting 
"  gratifications." 

11  In  the  meantime,  a  courier  has  been  dispatched  to  the  owners  in  Havana, 
Matanzas,  or  Santiago  de  Cuba,  who  immediately  post  to  the  plantation  with 
clothes  for  the  slaves  and  gold  for  the  crew.  Preparations  are  quickly  made 
through  brokers  for  the  sale  of  the  blacks  ;  while  the  vessel,  if  small,  is  dis 
guised,  to  warrant  her  return  under  the  coasting  flag  to  a  port  of  clearance 
If  the  craft  happens  to  be  large,  it  is  considered  perilous  to  attempt  a  return 
with  a  cargo,  or  "  in  distress,"  and,  accordingly,  she  is  either  sunk  or  burnt 
where  she  lies. 

"Many  of  the  Spanish  governors  in  Cuba  have  respected  treaties,  or,  at  least, 


314  THE  SLAVE  TRADE. 

promised  to  enforce  the  laws.  Squadrons  of  dragoons  and  troops  of  lancers 
have  been  paraded  with  convenient  delay,  and  ordered  to  gallop  to  plantations 
designated  by  the  representative  of  England.  It  generally  happens,  however, 
that  when  the  hunters  arrive  the  game  is  gone.  Scandal  declares  that,  while 
brokers  are  selling  the  blacks  at  the  depot,  it  is  not  unusual  for  their  owner  01 
his  agent  to  be  found  knocking  at  the  door  of  the  captain-general's  secretary. 
It  is  even  said  that  the  captain-general  himself  is  sometimes  present  in  tht 
sanctuary,  and,  after  a  familiar  chat  about  the  happy  landing  of  '  the  contra 
band,'  as  the  traffic  is  amiably  called,  the  requisite  rouleaux  are  insinuated 
into  the  official  desk  under  the  intense  smoke  of  a  fragrant  cigarillo.  The 
metal  is  always  considered  the  property  of  the  captain-general,  but  his  scribe 
avails  himself  of  a  lingering  farewell  at  the  door,  to  hint  an  immediate  and 
pressing  need  for  ' a  very  small  darkey!'  Next  day,  the  diminutive  African 
does  not  appear ;  but,  as  it  is  believed  that  Spanish  officials  prefer  gold  even 
to  mortal  flesh,  his  algebraic  equivalent  is  unquestionably  furnished  in  the  shape 
of  shining  ounces  1" 

The  following  extract  will  be  read  with  satisfaction,  exhibiting  as  it  does 
one  of  the  native  tribes  in  a  very  favorable  aspect :  "  During  the  rainy  sea 
son,  which  begins  in  June  and  lasts  till  October,  the  stores  of  provisions  in 
establishments  along  the  Atlantic  coast  become  sadly  impaired.  The  Foulah 
and  Mandingo  tribes  of  the  interior  are  prevented  by  the  swollen  condition  of 
intervening  streams  from  visiting  the  beach  with  their  produce.  In  these  straits, 
the  factories  have  recourse  by  canoes  to  the  small  rivers,  which  are  neither  en 
tered  by  sea-going  vessels,  nor  blockaded  for  the  caravans  of  interior  chiefs. 

"  Among  the  tribes  or  clans  visited  by  me  in  such  seasons,  I  do  not  remem 
ber  any  whose  intercourse  afforded  more  pleasure,  or  exhibited  nobler  traits, 
than  the  BAGERS,  who  dwell  on  the  solitary  margins  of  those  shallow  rivulets, 
and  subsist  by  boiling  salt  in  the  dry  season  and  making  palm  oil  in  the  wet. 
I  have  never  read  an  account  of  these  worthy  blacks,  whose  civility,  kindness, 
and  honesty  will  compare  favorably  with  those  of  more  civilized  people. 

"  The  Bagers  live  very  much  apart  from  the  great  African  tribes,  and  keep 
up  their  race  by  intermarriage.  The  language  is  peculiar,  and  altogether  de 
void  of  that  Italian  softness  that  makes  the  Soosoo  so  musical. 

"  Having  a  week  or  two  of  perfect  leisure,  I  determined  to  set  out  in  a  ca 
noe  to  visit  one  of  these  establishments,  especially  as  no  intelligence  had  reach 
ed  me  for  some  time  from  one  of  my  country  traders  who  had  been  dispatched 
thither  with  an  invoice  of  goods  to  purchase  palm  oil.  My  canoe  was  com 
fortably  fitted  with  a  water-proof  awning,  and  provisioned  for  a  week. 

"  A  tedious  pull  along  the  coast  and  through  the  dangerous  surf,  brought 
us  to  the  narrow  creek  through  whose  marshy  mesh  of  mangroves  we  squeezed 
our  canoe  to  the  bank.  Even  after  landing,  we  waded  a  considerable  distance 
through  marsh  before  we  reached  the  solid  land.  The  Eager  town  stood  some 
hundred  yards  from  the  landing,  at  the  end  of  a  desolate  savanna,  whose  lonely 
waste  spread  as  far  as  the  eye  could  reach.  The  village  itself  seemed  quite  de 
serted,  so  that  I  had  difficulty  in  finding  'the  oldest  inhabitant,'  who  invaria- 


BAGERS.  315 

bly  stays  at  home  and  acts  the  part  of  chieftain.  This  venerable  personage 
welcomed  me  with  great  cordiality ;  and  having  made  my  dantica,  or,  in  other 
words,  declared  the  purpose  of  my  visit,  I  desired  to  be  shown  the  trader's 
house.  The  patriarch  led  me  at  once  to  a  hut,  whose  miserable  thatch  was 
supported  by  four  posts.  Here  I  recognized  a  large  chest,  a  rum  cask,  and 
the  grass  hammock  of  my  agent.  I  was  rather  exasperated  to  find  my  prop 
erty  thus  neglected  and  exposed,  and  began  venting  my  wrath  in  no  seemly 
terms  on  the  delinquent  clerk,  when  my  conductor  laid  his  hand  gently  on  my 
sleeve,  and  said  there  was  no  need  to  blame  him.  'This,' continued  he,  'is 
his  house ;  here  your  property  is  sheltered  from  sun  and  rain ;  and,  among  the 
Bagers,  whenever  your  goods  are  protected  from  the  elements,  they  are  safe 
from  every  danger.  Your  man  has  gone  across  the  plain  to  a  neighboring 
town  for  oil ;  to-night  he  will  be  back ;  in  the  meantime,  look  at  your  goods. ' 

"  I  opened  the  chest,  which,  to  my  surprise,  was  unlocked,  and  found  it 
nearly  full  of  the  merchandise  I  had  placed  in  it.  I  shook  the  cask,  and  its 
weight  seemed  hardly  diminished.  I  turned  the  spiggot,  and  lo  !  the  rum 
trickled  on  my  feet.  Hard-by  was  a  temporary  shed,  filled  to  the  roof  with 
hides  and  casks  of  palm  oil,  all  of  which,  the  gray-beard  declared,  was  my 
property. 

"  Whilst  making  this  inspection,  I  have  no  doubt  the  expression  of  my  face 
indicated  a  good  deal  of  wonder,  for  I  saw  the  old  man  smile  complacently  as 
he  followed  me  with  his  quiet  eye.  'Good  !'  said  the  chief,  'it  is  all  there, 
is  it  not  ?  We  Bagers  are  neither  Soosoos,  Mandingoes,  Foulahs,  nor  White- 
men,  that  the  goods  of  a  stranger  are  not  safe  in  our  towns  !  We  work  for  a 
living  ;  we  want  little ;  big  ships  never  come  to  us,  and  we  neither  steal  from 
our  guests  nor  go  to  war  to  sell  one  another !' 

"The  conversation,  I  thought,  was  becoming  a  little  personal;  and,  with  a 
gesture  of  impatience,  I  put  a  stop  to  it.  On  second  thoughts,  however,  I 
turned  abruptly  round,  and  shaking  the  noble  savage's  hand  with  a  vigor  that 
made  him  wince,  presented  him  with  a  piece  of  cloth.  Had  Diogenes  visited 
Africa  in  search  of  his  man,  it  is  by  no  means  unlikely  that  he  might  have  ex 
tinguished  his  lamp  among  the  Bagers  ! 

"  It  was  about  two  o'clock  in  the  afternoon  when  I  arrived  in  the  town, 
which,  as  I  before  observed,  seemed  quite  deserted,  except  by  a  dozen  or  two 
ebony  antiquities,  who  crawled  into  the  sunshine  when  they  learned  the  advent 
of  a  stranger.  The  young  people  were  absent  gathering  palm  nuts  in  a  neigh 
boring  grove.  A  couple  of  hours  before  sundown,  my  trader  returned ;  and, 
shortly  after,  the  merry  gang  of  villagers  made  their  appearance,  laughing, 
singing,  dancing,  and  laden  with  fruit  As  soon  as  the  gossips  announced  the 
arrival  of  a  white  man  during  their  absence,  the  little  hut  that  had  been  hos 
pitably  assigned  me  was  surrounded  by  a  crowd,  five  or  six  deep,  of  men,  wo 
men,  and  children.  The  pressure  was  so  close  and  sudden  that  I  was  almost 
stifled.  Finding  they  would  not  depart  until  I  made  myself  visible,  I  emerged 
from  concealment  and  shook  hands  with  nearly  all.  The  women,  in  particular, 
insisted  on  gratifying  themselves  with  a  sumboo  or  smell  at  my  face — which 


316  THE  SLAVE  TRADE. 

is  the  native's  kiss — and  folded  their  long  black  arms  in  an  embrace  of  my 
neck,  threatening  peril  to  my  shirt  with  their  oiled  and  dusty  flesh.  However, 
I  noticed  so  much  bonhommie  am/>ng  the  happy  crew  that  my  heart  would  not 
allow  me  to  repulse  them ;  so  I  kissed  the  youngest  and  shunned  the  crones. 
In  token  of  my  good  will,  I  led  a  dozen  or  more  of  the  prettiest  to  the  rum- 
barrel,  and  made  them  happy  for  the  night. 

"When  the  town's-folks  had  comfortably  nestled  themselves  in  their  hovels, 
the  old  chief,  with  a  show  of  some  formality,  presented  me  a  heavy  ram -goat, 
distinguished  for  its  formidable  head  ornaments,  which,  he  said,  was  offered  as 
a  bonne-bouche  for  my  supper.  He  then  sent  a  crier  through  the  town,  in 
forming  the  women  that  a  white  stranger  would  be  their  guest  during  the 
night ;  and,  in  less  than  half  an  hour,  my  hut  was  visited  by  most  of  the  vil 
lage  dames  and  damsels.  One  brought  a  pint  of  rice  ;  another  some  roots  of 
cassava ;  another,  a  few  spoonsful  of  palm  oil ;  another  a  bunch  of  peppers ; 
while  the  oldest  lady  of  the  party  made  herself  particularly  remarkable  by  the 
gift  of  a  splendid  fowl.  In  fact,  the  crier  had  hardly  gone  his  rounds  before 
my  mat  was  filled  with  the  voluntary  contributions  of  the  villagers ;  and  the 
wants,  not  only  of  myself  but  of  my  eight  rowers,  completely  supplied. 

"  There  was  nothing  peculiar  in  this  exhibition  of  hospitality,  on  account  of 
my  nationality.  It  was  the  mere  fulfillment  of  a  Eager  law ;  and  the  poorest 
black  stranger  would  have  shared  the  rite  as  well  as  myself.  I  could  not  help 
thinking  that  I  might  have  traveled  from  one  end  of  England  or  America  to 
the  other  without  meeting  a  Eager  welcome.  •  •  •*•« 

"  These  Bagers  are  remarkable  for  their  honesty,  as  I  was  convinced  by  sev 
eral  anecdotes  related,  during  my  stay  in  this  village,  by  my  trading  clerk.  He 
took  me  to  a  neighboring  lemon-tree,  and  exhibited  an  English  brass  steelyard 
hanging  on  its  branches,  which  had  been  left  there  by  a  mulatto  merchant  from 
Sierra  Leone,  who  died  in  the  town  on  a  trading  trip.  This  article,  with  a 
chest  half  full  of  goods,  deposited  in  the  '  palaver  house,'  had  been  kept  se 
curely  more  than  twelve  years  in  expectation  that  some  of  his  friends  would 
send  for  them  from  the  colony.  The  Bagers,  I  was  told,  have  no  jujus,  feit- 
iches,  or  gregrees;  they  worship  no  god  or  evil  spirit ;  their  dead  are  buried 
without  tears  or  ceremony ;  and  their  hereafter  is  eternal  oblivion. 

"  The  males  of  this  tribe  are  of  middling  size  and  deep  black  color ;  broad 
shouldered,  but  neither  brave  nor  warlike.  They  keep  aloof  from  other  tribes, 
and  by  a  Pullah  law,  are  protected  from  foreign  violence  in  consequence  of 
their  occupation  as  salt-makers,  which  is  regarded  by  the  interior  natives  as 
one  of  the  most  useful  trades.  Their  jjondness  for  palm  oil  and  the  little  work 
they  are  compelled  to  perform,  make  them  generally  indolent.  Their  dress  is 
a  single  handkerchief,  or  a  strip  of  country  cloth  four  or  five  inches  wide,  most 
carefully  put  on. 

"  The  young  women  have  none  of  the  sylph-like  appearance  of  the  Mandin- 
goes  or  Soosoos.  They  work  hard  and  use  palm  oil  plentifully,  both  internally 
and  externally,  so  that  their  relaxed  flesh  is  bloated  like  blubber.  Both  sexes 
shave  their  heads,  and  adorn  their  noses  and  lower  lips  with  rings,  while  they 


NATURAL  SCENERY.  317 

penetrate  their  ears  with  porcupine  quills  or  sticks.  They  neither  sell  nor 
buy  each  other,  though  they  acquire  children  of  both  sexes  from  other  tribes, 
and  adopt  them  into  their  own,  or  dispose  of  them  if  not  suitable.  Their 
avails  of  work  are  commonly  divided  ;  so  the  Bagers  may  be  said  to  resemble 
the  Mormons  in  polygamy,  the  Fourierites  in  community,  but  to  exceed  both 
in  honesty." 

As  a  contrast  to  our  gloomy  picture  of  the  wrongs  of  Africa,  we  present  a 
glimpse  of  its  gorgeous  natural  scenery.  It  will  be  a  relief  to  turn  away  for  a 
moment  from  the  contemplation  of  violence  and  crime,  of  wretchedness  and 
despair — the  foul  exhalations  of  the  reeking  slave-deck,  the  charnel  house  of 
corruption,  disease,  and  death. 

"As  the  traveler  along  the  coast  turns  the  prow  of  his  canoe  through  the  surf, 
and  crosses  the  angry  bar  that  guards  the  mouth  of  an  African  river,  he  sud 
denly  finds  himself  moving  calmly  onward  between  sedgy  shores,  buried  in 
mangroves.  Presently  the  scene  expands  in  the  unruffled  mirror  of  a  deep 
majestic  stream.  Its  lofty  banks  are  covered  by  innumerable  varieties  of  the 
tallest  forest  trees,  from  whose  summits  a  trailing  net-work  of  vines  and  flow 
ers  floats  down  and  sweeps  the  passing  current.  A  stranger  who  beholds  this 
scenery  for  the  first  time  is  struck  by  the  immense  size,  the  prolific  abundance, 
and  gorgeous  verdure  of  every  thing.  Leaves  large  enough  for  garments  lie 
piled  and  motionless  in  the  lazy  air.  The  bamboo  and  cane  shake  their  slen 
der  spears  and  pennant  leaves  as  the  stream  ripples  among  their  roots.  Be 
neath  the  massive  trunks  of  forest  trees  the  country  opens ;  and,  in  vistas 
through  the  wood,  the  traveler  sees  innumerable  fields  lying  fallow  in  grass,  or 
waving  with  harvests  of  rice  and  cassava,  broken  by  golden  clusters  of  Indian 
corn.  Anon,  groups  of  oranges,  lemons,  coffee-trees,  plantains,  and  bananas 
are  crossed  by  the  tall  stems  of  cocoas,  and  arched  by  the  broad  and  drooping 
coronals  of  royal  palm.  Beyond  this,  capping  the  summit  of  a  hill,  may  be 
seen  the  conical  huts  of  natives,  bordered  by  fresh  pastures  dotted  with  flocks 
of  sheep  and  goats,  or  covered  with  numbers  of  the  sleekest  cattle.  As  you 
leave  the  coast,  and  shoot  round  the  river-curves  of  this  fragrant  wilderness, 
teeming  with  flowers,  vocal  with  birds,  and  gay  with  their  radiant  plumage, 
you  plunge  into  the  interior,  where  the  rising  country  slowly  expands  into  hills 
aud  mountains. 

"The  forest  is  varied.  Sometimes  it  is  a  matted  pile  of  tree,  vine  and  bram 
ble,  obscuring  every  thing,  and  impervious  save  with  knife  and  hatchet.  At 
others  it  is  as  a  Gothic  temple.  The  sward  spreads  openly  for  miles  on  every 
side,  while,  from  its  even  surface,  the  trunks  of  straight  and  massive  trees  rise 
to  a  prodigious  height,  clear  from  every  obstruction,  till  their  gigantic  limbs, 
like  the  capitals  of  columns,  mingle  their  foliage  in  a  roof  of  perpetual  verdure. 

"At  length  the  hills  are  reached,  and  the  lowland  heat  is  tempered  by  moun 
tain  freshness.  The  scene  that  may  be  beheld  from  almost  any  elevation  is 
always  beautiful,  and  sometimes  grand.  Forest,  of  course,  prevails ;  yet  with 
a  glass,  and  often  by  the  unaided  eye,  gentle  hills,  swelling  from  the  wooded 
landscape,  may  be  seen  covered  with  native  huts,  whose  neighborhood  is 


318  THE  SLAVE  TRADE. 

checkered  with  patches  of  sward  and  cultivation,  and  inclosed  by  massive  belts 
of  primeval  wildness.  Such  is  commonly  the  westward  view ;  but  north  and 
east,  as  far  as  vision  extends,  noble  outlines  of  hill  and  mountain  may  be  traced 
against  the  sky,  lapping  each  other  with  their  mighty  folds,  until  they  fade 
away  in  the  azure  horizon. 

"  When  a  view  like  this  is  beheld  at  morning,  in  the  neighborhood  of  rivers, 
a  dense  mist  will  be  observed  lying  beneath  the  spectator  in  a  solid  stratum, 
refracting  the  light  now  breaking  from  the  east.  Here  and  there,  in  this  lake 
of  vapor,  the  tops  of  hills  peer  up  like  green  islands  in  a  golden  sea.  But 
ere  you  have  time  to  let  fancy  run  riot,  the  '  cloud  compelling '  orb  lifts  its 
disc  over  the  mountains,  and  the  fogs  of  the  valley,  like  ghosts  at  cock-crow, 
flit  from  the  dells  they  have  haunted  since  night-fall.  Presently  the  sun  is  out 
in  his  terrible  splendor.  Africa  unveils  to  her  master,  and  the  blue  sky  and 
green  forest  blaze  and  quiver  with  his  beams. " 

The  account  of  an  excursion  made  into  the  interior  of  the  country  for  the 
purpose  of  procuring  slaves  and  opening  trade  with  the  native  chiefs,  exhibits 
the  horror  of  the  people  at  the  prospect  of  being  sold  into  slavery. 

"  Timbo  lies  on  a  rolling  plain.  North  of  it  a  lofty  mountain  range  rises  at 
the  distance  of  ten  or  fifteen  miles,  and  sweeps  eastwardly  to  the  horizon.  The 
landscape,  which  declines  from  these  slopes  to  the  south,  is  in  many  places  bare; 
yet  fields  of  plentiful  cultivation,  groves  of  cotton-wood,  tamarind,  and  oak, 
thickets  of  shrubbery  and  frequent  villages  stud  its  surface  and  impart  an  air 
of  rural  comfort  to  the  picturesque  scene. 

"  I  soon  proposed  a  gallop  with  my  African  kindred  over  the  neighborhood; 
and  one  fine  morning,  after  a  plentiful  breakfast  of  stewed  fowls,  boiled  to  rags 
with  rice,  and  seasoned  with  delicious  'palavra  sauce,'  we  cantered  off  to  the 
distant  villages.  As  we  approached  the  first  brook,  but  before  the  fringe  of 
screening  bushes  was  passed,  our  cavalcade  drew  rein  abruptly,  while  Amah- 
de-Bellah  cried  out,  '  Strangers  are  coming  ! '  A  few  moments  after,  as  we 
slowly  crossed  the  stream,  I  noticed  several  women  crouched  in  the  underwood, 
having  fled  from  the  bath.  This  warning  is  universally  given,  and  enforced  by 
law  to  guard  the  modesty  of  the  gentler  sex. 

"  In  half  an  hour  we  reached  the  first  suburban  village ;  but  fame  had  pre 
ceded  us  with  my  character,  and  as  the  settlement  was  cultivated  either  by 
serfs  or  negroes  liable  to  be  made  so,  we  found  the  houses  bare.  The  poor 
wretches  had  learned,  on  the  day  of  my  reception,  that  the  principal  object  of 
my  journey  was  to  obtain  slaves,  and,  of  course,  they  imagined  that  the  only 
object  of  my  foray  in  their  neighborhood  was  to  seize  the  gang  and  bear  it 
abroad  in  bondage.  Accordingly,  we  only  tarried  a  few  minutes  in  Findo,  and 
dashed  off  to  Furo ;  but  here,  too,  the  blacks  had  been  panic-struck,  and 
escaped  so  hurriedly  that  they  left  their  pots  of  rice,  vegetables,  and  meat 
boiling  in  their  sheds.  Furo  was  absolutely  stripped  of  inhabitants  ;  the  vet 
eran  chief  of  the  village  did  not  even  remain  to  do  the  honors  of  his  affrighted 
brethren.  Amah-de-Bellah  laughed  heartily  at  the  terror  I  inspired ;  but  I 


THE  NATIVES.  319 

confess  I  could  not  help  feeling  sadly  mortified  when  I  found  my  presence 
shunned  as  a  pestilence. 

"  The  native  villages  through  which  I  passed  on  this  excursion  manifested 
the  great  comfort  in  which  these  Africans  live  throughout  their  prolific  land, 
when  unassailed  by  the  desolating  wars  that  are  kept  up  for  the  slave-trade.  It 
was  the  height  of  the  dry  season,  when  every  thing  was  parched  by  the  sun, 
yet  I  could  trace  the  outlines  of  fine  plantations,  gardens,  and  rice-fields. 
Every  where  I  found  abundance  of  peppers,  onions,  g^nc,  tomatoes,  sweet 
potatoes,  and  cassava,  while  tasteful  fences  were  garlanded  with  immense  vines 
and  flowers.  Fowls,  goats,  sheep,  and  oxen  stalked  about  in  innumerable 
flocks,  and  from  every  domicil  depended  a  paper,  inscribed  with  a  charm  from 
the  Koran  to  keep  off  thieves  and  witches. 

"  My  walks  through  Timbo  were  promoted  by  the  constant  efforts  of  my 
entertainers  to  shield  me  from  intrusive  curiosity.  Whenever  I  sallied  forth, 
two  townsfolk  in  authority  were  sent  forward  to  warn  the  public  that  the  Fur- 
too  desired  to  promenade  without  a  mob  at  his  heels.  These  lusty  criers 
stationed  themselves  at  the  corners  with  an  iron  triangle,  which  they  rattled  to 
call  attention  to  the  king's  command ;  and  in  a  short  time  the  highways  were 
so  clear  of  people,  who  feared  a  bastinado,  that  I  found  my  loneliness  rather 
disagreeable  than  otherwise.  Every  person  I  saw,  shunned  me.  When  I 
called  the  children  or  little  girls,  they  fled  from  me.  My  reputation  as  a  slaver 
in  the  villages,  and  the  fear  of  a  lash  in  the  town,  furnished  me  much  more  sol 
itude  than  is  generally  agreeable  to  a  sensitive  traveler. 

"  Towards  night-fall  I  left  my  companions,  and  wrapping  myself  closely  in 
a  Mandingo  dress,  stole  away  through  by-ways  to  a  brook  which  runs  by 
the  town  walls.  Thither  the  females  resort  at  sunset  to  draw  water ;  and 
choosing  a  screened  situation  where  I  would  not  be  easily  observed,  I  watched, 
for  more  than  an  hour  the  graceful  children,  girls,  and  women  of  Timbo  as 
they  performed  this  domestic  task  of  eastern  lands. 

"  I  was  particularly  impressed  by  the  general  beauty  of  the  sex,  who,  in 
many  respects,  resembled  the  Moor  rather  than  the  negro.  "Unaware  of  a 
stranger's  presence,  they  came  forth  as  usual  in  a  simple  dress  which  covers 
their  body  from  waist  to  knee,  and  leaves  the  rest  of  the  figure  entirely  naked. 
Group  after  group  gathered  together  on  the  brink  of  the  brook  in  the  slanting 
sunlight  and  lengthening  shadows  of  the  plain.  Some  rested  on  their  pitchers 
and  water  vessels ;  some  chatted,  or  leaned  on  each  other  gracefully,  listening 
to  the  chat  of  friends ;  some  stooped  to  fill  their  jars ;  others  lifted  the  brim 
ming  vessels  to  their  sisters'  shoulders,  while  others  strode  homeward  singing, 
with  their  charged  utensils  poised  on  head  or  hand.  Their  slow,  stately,  swing 
ing  movement  under  the  burdei  was  grace  that  might  be  envied  on  a  Spanish 
paseo.  I  do  not  think  the  forms  of  these  Fullah  girls,  with  their  complexions 
of  freshest  bronze,  are  exceeded  in  symmetry  by  the  women  of  any  other  coun 
try.  There  was  a  slender  delicacy  of  limb,  waist,  neck,  hand,  foot,  and  bosom, 
which  seemed  to  be  the  type  that  moulded  every  one  of  them.  I  saw  none  of 
the  hanging  breast ;  the  flat,  expanded  nostrils ;  the  swollen  lips,  and  fillet- 


320  THE  SLAVE  TRADE. 

like  foreheads  that  characterize  the  Soosoos  and  their  sisters  of  the  coast. 
None  were  deformed,  nor  were  any  marked  by  traces  of  disease.  I  may  ob 
serve,  moreover,  that  the  male  Fullahs  of  Timbo  are  impressed  on  my  memory 
by  a  beauty  of  form  which  almost  equals  that  of  the  women ;  and,  in  fact,  the 
only  fault  I  found  with  them  was  their  minute  resemblance  to  the  feminine  del 
icacy  of  the  other  sex.  They  made  up,  however,  in  courage  what  they  lacked 
in  form,  for  their  manly  spirit  has  made  them  renowned  among  all  the  tribes 
they  have  so  long  co*.  Drolled  by  distinguished  bravery  and  perseverance. 

"  The  patriarchal  landscape  by  the  brook,  with  the  Oriental  girLs  over  their 
water-jars,  and  the  lowing  cattle  in  the  pastures,  brought  freshly  to  my  mind 
many  a  Bible  scene  I  heard  my  mother  read  when  I  was  a  boy  at  home. 

"  My  trip  to  Timbo,  I  confess,  was  one  of  business  rather  than  pleasure  or 
scientific  exploration.  I  did  not  make  a  record,  at  the  moment,  of  my  '  im 
pressions  de  voyage,'  and  never  thought  that,  a  quarter  of  a  century  after 
wards,  I  would  feel  disposed  to  chronicle  the  journey  in  a  book,  as  an  interest 
ing  souvenir  of  my  early  life.  Had  I  supposed  that  the  day  would  come 
when  I  was  to  turn  author,  it  is  likely  I  might  have  been  more  inquisitive ; 
but  being  only  'a  slaver,'  I  found  Ahma,  Sulimani,  Abdulmomen,  the  Ali- 
Mami,  and  all  the  quality  and  amusements  of  Timbo,  dull  enough,  when  my 
object  was  achieved.  Still,  while  I  was  there,  I  thought  I  might  as  well  see 
all  that  was  visible.  I  strolled  repeatedly  through  the  town.  I  became  ex 
cessively  familiar  with  its  narrow  streets,  low  houses,  mud  walls,  cul-de-sacs, 
and  mosques.  I  saw  no  fine  bazaars,  market-places,  or 'shops.  The  chief 
wants  of  life  were  supplied  by  peddlers.  Platters,  jars,  and  baskets  of  fruit, 
vegetables,  and  meat,  were  borne  around  twice  or  thrice  daily.  Horsemen 
dashed  about  on  beautiful  steeds  toward  the  fields  in  the  morning,  or  came 
home  at  night-fall  at  a  slower  pace.  I  never  saw  man  or  woman  bask  lazily 
in  the  sun.  Females  were  constantly  busy  over  their  cotton  and  spinning 
wheels  when  not  engaged  in  household  occupations  ;  and  often  I  have  seen  an 
elderly  dame  quietly  crouched  in  her  hovel  at  sunset  reading  the  Koran.  Nor 
are  the  men  of  Timbo  less  thrifty.  Their  city  wall  is  said  to  hem  in  about  ten 
thousand  individuals,  representing  all  the  social  industries.  They  weave  cot 
ton,  work  in  leather,  fabricate  iron  from  the  bar,  engage  diligently  in  agricul 
ture,  and,  whenever  not  laboriously  employed,  devote  themselves  to  reading 
and  writing,  of  which  they  are  excessively  fond. 

"  These  are  faint  sketches,  which,  on  ransacking  my  brain,  I  find  resting  on 
its  tablets.  But  I  was  tired  of  Timbo  ;  I  was  perfectly  refreshed  from  my 
journey ;  and  I  was  anxious  to  return  to  my  factory  on  the  beach.  Two 
'  moons'  only  had  been  originally  set  apart  for  the  enterprise,  and  the  third 
was  already  waxing  toward  its  full.  I  feared  the  Ali-Mami  was  not  yet  pre 
pared  with  slaves  for  my  departure,  and  I  dreaded  lest  objections  might  be 
made  if  I  approached  his  royal  highness  with  the  flat  announcement.  Accor 
dingly,  I  schooled  my  interpreters,  and  visited  that  important  personage.  I 
made  a  long  speech,  as  full  of  compliments  and  blarney  as  a  Christmas  pud 
ding  is  of  plums,  and  concluded  by  touching  the  soft  part  in  African  royalty's 


A  CONFLICT.  321 

heart — slaves  !  I  told  the  King  that  a  vessel  or  two,  with  abundant  freights, 
would  be  waiting  me  on  the  river,  and  that  I  must  hasten  thither  with  his 
choicest  gangs  if  he  hoped  to  reap  a  profit. 

"The  king  and  the  royal  family  were  no  doubt  excessively  grieved  to  part 
with  the  Furtoo  Mongo,  but  they  were  discreet  persons  and  '  listened  to  rea 
son.'  War  parties  and  scouts  were  forthwith  dispatched  to  blockade  the  paths, 
while  press-gangs  made  recruits  among  the  villages,  and  even  in  Timbo.  Su- 
limani-Ali  himself  sallied  forth,  before  day-break,  with  a  troop  of  horse,  and 
at  sundown  came  back  with  forty-five  splendid  fellows,  captured  in  Findo  and 
Furo  ! 

"  The  personal  dread  of  me  in  the  town  itself  was  augmented.  If  I  had 
been  a  Pestilence  before,  I  was  Death  now  !  When  I  took  my  usual  morning 
walk  the  children  ran  from  me  screaming.  Since  the  arrival  of  Sulimani  with 
his  victims,  all  who  were  under  the  yoke  thought  their  hour  of  exile  had  come. 
The  poor  regarded  me  as  the  devil  incarnate.  Once  or  twice,  I  caught  women 
throwing  a  handful  of  dust  or  ashes  towards  me,  and  uttering  an  invocation 
from  the  Koran  to  avert  the  demon  or  save  them  from  his  clutches.  Their 
curiosity  was  merged  in  terror.  My  popularity  was  over  !  " 

The  captain  takes  command  of  the  schooner  La  Esperanza,  whose  chief 
officer  had  died  of  the  fever,  resolved  to  make  a  visit  to  his  friends  in  Cuba, 
for  a  little  relaxation  from  the  monotony  of  a  slave-trader's  life  in  Africa.  The 
slave  cargo  was  duly  stowed,  and  the  schooner  put  to  sea,  but  the  British  bull 
dogs  soon  scented  the  foul  slaver  on  the  tainted  breeze  and  were  on  his  track. 

"When  the  land  breeze  died  away,  it  fell  entirely  calm,  and  the  sea  con 
tinued  an  unruffled  mirror  for  three  days,  during  which  the  highlands  remained 
in  sight,  like  a  faint  cloud  in  the  east.  The  glaring  sky  and  the  reflecting 
ocean  acted  and  reacted  on  each  other  until  the  air  glowed  like  a  furnace. 
During  night  a  dense  fog  enveloped  the  vessel  with  its  clammy  folds  When 
the  vapor  lifted  on  the  fourth  morning,  our  look-out  announced  a  sail  from  the 
mast-head,  and  every  eye  was  quickly  sweeping  the  landward  horizon  in  search 
of  the  stranger.  Our  spies  along  the  beach  had  reported  the  coast  clear  of 
cruisers  when  I  sailed,  so  that  I  hardly  anticipated  danger  from  men-of-war ; 
nevertheless,  we  held  it  discreet  to  avoid  intercourse,  and,  accordingly,  our 
doubled-manned  sweeps  were  rigged  out  to  impel  us  slowly  toward  the  open 
ocean.  Presently,  the  mate  went  aloft  with  his  glass,  and,  after  a  deliberate 
gaze,  exclaimed:  'It  is  only  the  Dane, — I  see  his  flag.'  At  this  my  crew 
swore  they  would  sooner  fight  than  sweep  in  such  a  latitude ;  and,  with  three 
cheers,  came  aft  to  request  that  I  would  remain  quietly  where  I  was  until  the 
Northman  overhauled  us. 

"  We  made  so  little  headway  with  oars  that  I  thought  the  difference  trifling, 
whether  we  pulled  or  were  becalmed.  Perhaps  it  might  be  better  to  keep  the 
nands  fresh,  if  a  conflict  proved  inevitable.  I  passed  quickly  among  the  men, 
\vith  separate  inquiries  as  to  their  readiness  for  battle,  and  found  all — from 
the  boy  to  the  mate — anxious,  at  every  hazard,  to  do  their  duty.  Our  break- 

1 
21 


I 


.  -  .-        ,. 

322  THE  SLAVE  TRADE. 

.-.-.,  ; 

fast  was  as  cold  as  could  be  served  in  such  a  climate,  but  I  made  it  palatable 
with  a  case  of  claret. 

When  a  sail  on  the  coast  of  Africa  heaves  in  sight  of  a  alaver,  it  is  always 
best  for  the  imperiled  craft,  especially  if  gifted  with  swift  huii  and  spreading 
wings,  to  take  flight  without  the  courtesies  that  are  usual  in  mercantile  sea-life. 
At  the  present  day,  fighting  is,  of  course,  out  of  the  question,  and  the  valuable 
prize  is  abandoned  by  its  valueless  owners.  At  all  times,  however, — and  as  a 
guard  against  every  risk,  whether  the  cue  be  to  fight  or  fly, — the  prudent  sla 
ver,  as  soon  as  he  finds  himself  in  the  neighborhood  of  unwholesome  canvas, 
puts  out  his  fire,  nails  his  forecastle,  sends  his  negroes  below,  and  secures  the 
gratings  over  his  hatches. 

"  All  these  preparations  were^quietly  made  on  board  the  Esperanza ;  and,  in 
addition,  I  ordered  a  supply  of  small  arms  and  ammunition  on  deck,  where 
they  were  instantly  covered  with  blankets.  Every  man  was  next  stationed  at 
his  post,  or  where  he  might  be  most  serviceable.  The  cannons  were  spunged 
and  loaded  with  care  ;  and,  as  I  desired  to  deceive  our  new  acquaintance,  I 
ran  up  the  Portuguese  flag.  The  calm  still  continued  as  the  day  advanced  ; 
indeed,  I  could  not  perceive  a  breath  of  air  by  our  dog-vane,  which  veered 
from  side  to  side  as  the  schooner  rolled  slowly  on  the  lazy  swell.  The  stran 
ger  did  not  approach,  nor  did  we  advance.  There  we  hung — 

'  A  painted  ship  upon  a  painted  ocean  1  ' 

I  cannot  describe  the  fretful  anxiety  which  vexes  a  mind  under  such  circum 
stances.  Slaves  below ;  a  blazing  sun  above ;  the  boiling  sea  beneath ;  a 
withering  air  arqund ;  decks  piled  with  materials  of  death  ;  escape  unlikely;  a 
phantom  in  chase  behind ;  the  ocean  like  an  unreachable  eternity  before  ;  un 
certainty  every  where ;  and,  within  your  skull,  a  feverish  mind  harassed  by 
doubt  and  responsibility,  yet  almost  craving  for  any  act  of  desperation  that 
will  remove  the  spell.  It  is  a  living  night-mare,  from  which  the  soul  pants 
to  be  free. 

"  With  torments  like  these,  I  paced  the  deck  for  half  an  hour  beneath  the 
awning,  when,  seizing  a  telescope  and  mounting  the  rigging,  I  took  deliberate 
aim  at  the  annoyer.  He  was  full  seven  or  eight  miles  away  from  us,  but  very 
soon  I  saw,  or  fancied  I  saw,  a  row  of  ports,  which  the  Dane  had  not :  then 
sweeping  the  horizon  a  little  astern  of  the  craft,  I  distinctly  made  out  three 
boats,  fully  manned,  making  for  us  with  ensigns  flying. 

"  Anxious  to  avoid  a  panic,  I  descended  leisurely,  and  ordered  the  sweeps  to 
be  spread  once  more  in  aid  of  the  breeze,  which,  within  the  last  ten  minutes, 
had  freshened  enough  to  fan  us  along  about  a  knot  an  hour.  Next,  I  imparted 
my  discovery  to  the  officers ;  and,  passing  once  more  among  the  men  to  test 
their  nerves,  I  said  it  was  likely  they  would  have  to  encounter  an  angrier  cus 
tomer  than  the  Dane.  In  fact,  I  frankly  told  them  our  antagonist  was  un 
questionably  a  British  cruiser  of  ten  or  twelve  guns,  from  whose  clutches  there 
was  no  escape,  unless  we  repulsed  the  boats. 

"  I  found  my  crew  as  confident  in  the  face  of  augumented  risk  as  they  had 


^P- 


323 


_. 

been  when  we  expected  the  less  perilous  Dane.  Collecting  their  votes  for  fight 
or  surrender,  I  learned  that  all  but  two  were  in  favor  of  resistance.  I  had  no 
doubt  in  regard  to  the  mates,  in  our  approaching  trials. 

"By  this  time  the  breeze  had  again  died  away  to  utter  calmness,  while  the 
air  was  so  still  and  fervent  that  our  sweltering  men  almost  sank  at  the  sweeps. 
I  ordered  them  in,  threw  overboard  several  water-casks  that  encumbered  the 
deck,  and  hoisted  our  boat  to  the  stern-davits  to  prevent  boarding  in  that  quar 
ter.  Things  were  perfectly  ship-shape  all  over  the  schooner,  and  I  congratu 
lated  myself  that  her  power  had  been  increased  by  two  twelve  pound  carron- 
ades,  the  ammunition,  and  part  of  the  crow  of  a  Spanish  slaver,  abandoned  on 
the  bar  of  Rio  Pongo  a  week  before  my  departure.  We  had  in  all  three  guns, 
and  abundance  of  musketry,  pistols  and  cutlasses,  to  be  wielded  and  managed 
by  thirty-seven  hands. 

"  By  this  time  the  British  boats,  impelled  by  oars  alone,  approached  within 
half  a  mile,  while  the  breeze  sprang  up  in  cat's  paws  all  around  the  eastern 
horizon,  but  without  fanning  us  with  a  single  breath.  Taking  advantage  of  one 
of  these  slants,  the  cruiser  had  followed  her  boats,  but  now,  about  five  miles  off, 
was  again  as  perfectly  becalmed  as  we  had  been  all  day.  Presently,  I  observed 
the  boats  converge  within  the  range  of  my  swivel,  and  lay  on  their  oars  as  if  for 
consultation.  I  seized  this  opportunity,  while  the  enemy  was  bundled  together, 
to  give  him  the  first  welcome  ;  and,  slewing  the  schooner  round  with  my  sweeps, 
I  sent  him  a  shot  from  my  swivel.  But  the  ball  passed  over  their  heads,  while, 
with  three  cheers,  they  separated  —  the  largest  boat  making  directly  for  our 
waist,  while  the  others  steered  to  cross  our  bow  and  attack  our  stern. 

"  During  the  chase  my  weapons,  with  the  exception  of  the  pivot  gun,  were 
altogether  useless,  but  I  kept  a  couple  of  sweeps  ahead  and  a  couple  astern  to 
play  the  schooner,  and  employed  the  loud-tongued  instrument  as  the  foe  ap 
proached.  The  larger  boat,  bearing  a  small  carronade,  was  my  best  target, 
yet  we  contrived  to  miss  each  other  completely  until  my  sixth  discharge,  when 
a  double-headed  shot  raked  the  whole  bank  of  starboard  oar-blades,  and  dis 
abled  the  rowers  by  the  severe  concussion.  This  paralyzed  the  launch's  advance, 
and  allowed  me  to  devote  my  exclusive  attention  to  the  other  boats  ;  yet,  before 
I  could  bring  the  schooner  in  a  suitable  position,  a  signal  summoned  the  assail 
ants  aboard  the  cruiser  to  repair  damages.  I  did  not  reflect  until  this  moment 
of  reprieves,  that,  early  in  the  day.  I  had  hoisted  the  Portuguese  ensign  to  de 
ceive  the  Dane,  and  imprudently  left  it  aloft  in  the  presence  of  John  Bull.  I 
struck  the  false  flag  at  once,  unfurled  the  Spanish,  and  refreshing  the  men  with 
a  double  allowance  of  grog  and  grub,  put  them  again  to  the  sweeps.  When 
the  cruisers  reached  their  vessels,  the  men  instantly  reembarked,  while  the 
boats  were  allowed  to  swing  alongside,  which  convinced  me  that  the  assault 
-  would  be  renewed  as  soon  as  the  rum  and  roast-beef  of  Old  England  had 
strengthened  the  heart  of  the  adversary.  Accordingly,  noon  had  not  long 
passed  when  our  pursuers  again  embarked.  Once  more  they  approached,  di 
vided  as  before,  and  again  we  exchanged  ineffectual  shots.  I  kept  them  at 
bay  with  grape  and  musketry  until  near  three  o'clock,  when  a  second  signal  of 


4k 


324  THE  SLAVE  TRADE. 

'"•    ^ 
retreat  was  hoisted  on  the  cruiser,  and  answered  by  exultant  vivas  from  my 

crew.  It  grieved  me,  I  confess,  not  to  mingle  my  voice  with  these  shouts,  for 
I  was  sure  that  the  lion  retreated  to  make  a  better  spring,  nor  was  I  less  dis 
heartened  when  the  mate  reported  that  nearly  all  the  ammunition  for  our  can 
nons  was  exhausted.  Seven  kegs  of  powder  were  still  in  the  magazine,  though 
not  more  than  a  dozen  rounds  of  grape,  cannister,  or  balls  remained  in  the  locker. 
There  was  still  an  abundance  of  cartridges  for  pistols  and  musketry,  but  these 
were  poor  defenses  against  resolute  Englishmen  whose  blood  was  up  and  who 
would  unquestionably  renew  the  charge  with  reinforcements  of  vigorous  men. 
Fore  and  aft,  high  and  low,  we  searched  for  missils.  Musket  balls  were  cram 
med  in  bags,  bolts  and  nails  were  packed  in  cartridge  paper,  slave  shackles 
were  formed  with  rope  yarns  into  chain-shot,  and,  in  an  hour,  we  were  once 
more  tolerably  prepared  to  pepper  the  foe. 

"  When  these  labors  terminated,  I  turned  my  attention  to  the  relaxed  crew, 
portions  of  whom  refused  wine,  and  began  to  sulk  about  the  decks.  As  yet, 
only  two  had  been  slightly  scratched  by  spent  musket  balls ;  but  so  much  dis 
content  began  to  appear  among  the  passenger-sailors  of  the  wrecked  slaver, 
that  my  own  hands  could  with  difficulty  restrain  them  from  revolt.  I  felt  much 
difficulty  in  determining  how  to  act,  but  I  had  no  time  for  deliberation.  Vio 
lence  was  clearly  not  my  role,  but  persuasion  was  a  delicate  game  in  such  straits 
among  men  whom  I  did  not  command  with  the  absolute  authority  of  a  master. 
I  cast  my  eye  over  the  taffrail,  and  seeing  that  the  British  boats  were  still  afar, 
I  followed  my  first  impulse,  and  calling  the  whole  gang  to  the  quarter-deck, 
tried  the  effect  of  African  palaver  and  Spanish  gold.  I  spoke  of  the  perils  of 
capture  and  of  the  folly  of  surrendering  a  slaver  while  there  was  the  slightest 
hope  of  escape.  I  painted  the  unquestionable  result  of  being  taken  after  such 
resistance  as  had  already  been  made.  I  drew  an  accurate  picture  of  a  tall  and 
dangerous  instrument  on  which  piratical  gentlemen  have  some  times  been 
known  to  terminate  their  lives ;  and  finally,  I  attempted  to  improve  the  rhythm 
of  my  oratory  by  a  couple  of  golden  ounces  to  each  combatant,  and  the  promise 
of  a  slave  apiece  at  the  end  of  our  successful  voyage. 

"  My  suspense  was  terrible,  as  there — on  the  deck  of  a  slaver,  amid  calm, 
heat,  battle,  and  mutiny,  with  a  volcano  of  three  hundred  and  seventy-five  im 
prisoned  devils  below  me — I  awaited  a  reply,  which,  favorable  or  unfavorable, 
I  must  hear  without  emotion.  Presently,  three  or  four  came  forward  and  ac 
cepted  my  offer.  I  shrugged  my  shoulders,  and  took  half  a  dozen  turns  up 
and  down  the  deck.  Then  turning  to  the  crowd,  I  doubled  my  bounty,  and 
offering  a  boat  to  take  the  recusants  on  board  the  enemy,  swore  that  I  would 
stand  by  the  Esperanza  with  my  unaided  crew  in  spite  of  the  dastards  ! 

"  The  offensive  word  with  which  I  closed  the  harangue  seemed  to  touch  the 
right  string  of  the  Spanish  guitar,  and  in  an  instant  I  saw  the  dogged  heads  . 
spring  up  with  a  jerk  of  mortified  pride,  while  the  steward  and  cabin-boy  poured 
in  a  fresh  supply  of  wine,  and  a  shout  of  union  went  up  from  both  divisions. 
I  lost  no  time  in  confirming  my  converts  ;  and,  ramming  down  my  eloquence 


A  CONFLICT.  325 

with  a  wad  of  doubloons,  ordered  every  man  to  his  post,  for  the  enemy  was 
again  in  motion. 

"  But  he  did  not  come  alone.  New  actors  had  appeared  on  the  scene  during 
my  engagement  with  the  crew.  The  sound  of  the  cannonade  had  been  heard, 
it  seems,  by  a  consort  of  his  Britannic  Majesty's  brig,  and,  although  the  battle 
was  not  within  her  field  of  vision,  she  dispatched  another  squadron  of  boats 
nnder  the  guidance  of  the  reports  that  boomed  through  the  silent  air. 

"  The  first  division  of  my  old  assailants  was  considerably  in  advance  of  the 
reinforcement,  and  in  perfect  order  approached  us  in  a  solid  body,  with  the 
apparent  determination  of  boarding  on  the  same  side.  Accordingly,  I  brought 
all  my  weapons  and  hands  to  that  quarter,  and  told  both  gunners  and  musketeers 
not  to  fire  without  orders.  Waiting  their  discharge,  I  allowed  them  to  get 
close ;  but  the  commander  of  the  launch  seemed  to  anticipate  my  plan  by  the 
reservation  of  his  fire  till  he  could  draw  mine,  in  order  to  throw  his  other  boat 
loads  on  board  under  the  smoke  of  his  swivel  and  small  arms.  It  was  odd  to 
witness  our  mutual  forbearance,  nor  could  I  help  laughing,  even  in  the  midst 
of  danger,  at  the  mutual  checkmate  we  were  trying  to  prepare.  However, 
my  Britons  did  not  avoid  pulling,  though  they  omitted  firing,  so  that  they  were 
already  rather  perilously  close  when  I  thought  it  best  to  give  them  the  contents 
of  my  pivot,  which  I  had  crammed  almost  to  the  muzzle  with  bolts  and  bullets. 
The  discharge  paralyzed  the  advance,  while  my  carronades  flung  a  quantity  of 
grape  into  the  companion  boats.  In  turn,  however,  they  plied  us  so  deftly 
with  balls  from  swivels  and  musketry,  that  five  of  our  most  valuable  defenders 
writhed  in  death  on  the  deck. 

"  The  rage  of  battle  at  closer  quarters  than  heretofore,  and  the  screams  of 
bleeding  comrades  beneath  their  feet,  roused  to  its  fullest  extent  the  ardent  na 
ture  of  my  Spanish  crew.  They  tore  their  garments  ;  stripped  to  their  waists  ; 
called  for  rum  ;  and  swore  they  would  die  rather  than  yield  ! 

"  By  this  time  the  consort's  reinforcement  was  rapidly  approaching ;  and, 
with  hurrah  after  hurrah,  the  five  fresh  boats  came  on  in  double  column.  As 
they  drew  within  shot,  each  cheer  was  followed  with  a  fatal  volley,  under  which 
several  more  of  our  combatants  were  prostrated,  while  a  glancing  musket  ball 
lacerated  my  knee  with  a  painful  wound.  For  five  minutes  we  met  this  onset 
with  cannon,  muskets,  pistols,  and  enthusiastic  shouts ;  but  in  the  dispairing 
cosfusion  of  the  hour,  the  captain  of  our  long  gun  rammed  home  his  ball  be 
fore  the  powder,  so  that  when  the  priming  burnt,  the  most  reliable  of  our 
weapons  was  silent  forever.  At  this  moment  a  round  shot  from  the  launch 
dismounted  a  carronade — our  ammunition  was  wasted — and  in  this  disabled 
state  the  Britons  prepared  to  board  our  crippled  craft.  Muskets,  bayonets, 
pistols,  swords,  and  knives,  for  a  space  kept  them  at  bay,  even  at  short  quarters ; 
but  the  crowded  boats  tumbled  their  enraged  fighters  over  our  forecastle  like 
surges  from  the  sea,  and,  cutlass  in  hand,  the  victorious  furies  swept  everything 
before  them.  The  cry  was  to  'spare  no  one! '  Down  went  sailor  after  sailor, 
struggling  with  the  frenzied  passion  of  despair.  Presently  an  order  went 
forth  to  split  the  gratings  and  release  the  slaves.  I  clung  to  my  post  and 


_. 

326  THE  SLAVE  TEADE. 

cheered  the  battle  to  the  last ;  but  when  I  heard  this  fatal  command,  which,  if 
obeyed,  might  bury  assailant  and  defender  in  common  ruin,  I  ordered  the  rem 
nant  to  throw  down  their  arms,  while  I  struck  the  flag  and  warned  the  rash 
and  testy  Englishman  to  beware. 

"  The  senior  officer  of  the  boarding  party  belonged  to  the  division  from  the 
cruiser's  consort.  As  he  reached  the  deck,  his  clement  eye  fell  sadly  on  the 
scene  of  blood,  and  he  commanded  '  quarter '  immediately.  It  was  time. 
The  excited  boarders  from  the  repulsed  boats  had  mounted  our  deck  brimming 
with  revenge.  Every  one  that  opposed  was  cut  down  without  mercy ;  and  in 
another  moment,  it  is  likely  I  would  have  joined  the  throng  of  the  departed. 

"  All  was  over !  There  was  a  hushed  and  panting  crowd  of  victors  and  van 
quished  on  the  bloody  deck,  when  the  red  ball  of  the  setting  sun  glared  through 
a  crimson  haze  and  filled  the  motionless  sea  with  liquid  fire.  For  the  first  time 
that  day  I  became  sensible  of  personal  sufferings.  A  stifling  sensation  made 
me  gasp  for  air  as  I  sat  down  on  the  taffrail  of  my  captured  schooner,  and  felt 
that  I  was — a  prisoner  !  " 

The  night  after  the  capture  the  captain  made  his  escape  in  one  of  the  boats, 
and  again  reached  the  coast  and  his  establishment  at  Karnbia.  Shortly  after 
wards  the  "  Feliz  "  arrived  from  Matanzas,  consigned  to  him  for  a  cargo  ot 
slaves. 

"  Slaves  dropped  in  slowly  at  Kambia  and  Bangalang,  though  I  still  had 
half  the  cargo  of  the  Feliz  to  make  up.  Time  was  precious,  and  there  was 
no  foreigner  on  the  river  to  aid  me.  In  this  strait  I  suddenly  resolved  on  a 
foray  among  the  natives  on  my  own  account ;  and  equipping  a  couple  of  my 
largest  canoes  with  an  ample  armament,  as  well  as  a  substantial  store  of  pro 
visions  and  merchandise,  I  departed  for  the  Matacan  river,  a  short  stream,  un 
suitable  for  vessels  of  considerable  draft.  I  was  prepared  for  the  purchase  of 
fifty  slaves. 

"  I  reached  my  destination  without  risk  or  adventure,  but  had  the  oppor 
tunity  of  seeing  some  new  phases  of  Africanism  on  my  arrival.  Most  of  the 
coast  negroes  are  wretchedly  degraded  by  their  superstitions  and  sauvagerie, 
and  it  is  best  to  go  among  them  with  power  to  resist  as  well  as  presents  to 
purchase.  Their  towns  did  not  vary  from  the  river  and  bush  settlements  gen 
erally.  A  house  was  given  me  for  my  companions  and  merchandise ;  yet  such 
was  their  curiosity  to  see  the  '  white  man,'  that  the  luckless  mansion  swarmed 
with  sable  bees  both  inside  and  out,  till  I  was  obliged  to  send  for  his  majesty 
to  relieve  my  sufferings. 

"  After  a  proper  delay,  the  king  made  his  appearance  in  all  the  parapher 
nalia  of  African  court-dress.  A  few  fathoms  of  check  girded  his  loins,  while 
a  blue  shirt  and  red  waistcoat  were  surmounted  by  a  dragoon's  cap  with  brass 
ornaments.  His  countenance  was  characteristic  of  Ethiopia  and  royalty.  A 
narrow  forehead  retreated  rapidly  till  it  was  lost  in  the  crisp  wool,  while  his 
eyes  were  wide  apart,  and  his  prominent  cheek-bones  formed  the  base  of  an 
inverted  cone,  the  ape^  of  which  was  his  braided  beard  coiled  up  under  his 
chin.  When  earnest  in  talk,  his  gestures  were  mostly  made  with  his  head,  by 


COMMERCE.  827 

straining  his  eyes  to  the  rim  of  their  sockets,  stretching  his  mouth  from  ear  to 
ear,  grinning  like  a  baboon,  and  throwing  out  his  chin  horizontally  with  a  sud 
den  jerk.  Notwithstanding  these  personal  oddities,  the  sovereign  was  kind, 
courteous,  hospitable,  and  disposed  for  trade.  Accordingly,  I  'dashed,'  or 
presented  him  and  his  head-men  a  few  pieces  of  cottons,  with  some  pn'pes, 
beads  and  looking-glasses,  by  way  of  whet  for  the  appetite  of  to-morrow. 

"  Next  day  we  proceeded  to  formal  business.  His  majesty  called  a  regular 
'  palaver '  of  his  chiefs  and  head-men,  before  whom  I  stated  my  dantica  and 
announced  the  terms.  Yery  soon  several  young  folks  were  brought  for  sale, 
who,  I  am  sure,  never  dreamed  at  rising  from  last  night's  sleep  that  they  were 
destined  for  Cuban  slavery !  My  merchandise  revived  the  memory  of  pecca 
dilloes  that  had  been  long  forgotten,  and  sentences  that  were  forgiven.  Jeal 
ous  husbands,  when  they  tasted  my  rum,  suddenly  remembered  their  wives'  in 
fidelities,  and  sold  their  better  halves  for  more  of  the  oblivious  fluid.  In  truth, 
I  was  exalted  into  a  magician,  unroofing  the  village  and  baring  its  crime  and 
wickedness  to  the  eye  of  justice.  Law  became  profitable,  and  virtue  had 
never  reached  so  high  a  price  !  Before  night  the  town  was  in  a  turmoil,  for 
every  man  cudgeled  his  brain  for  an  excuse  to  kidnap  his  neighbor,  so  as  to 
share  my  commerce.  As  the  village  was  too  small  to  supply  the  entire  gang 
of  fifty,  I  had  recourse  to  the  neighboring  settlements,  where  my  'barkers,' 
or  agents,  did  their  work  in  a  masterly  manner.  Traps  were  adroitly  baited 
with  goods  to  lead  the  unwary  into  temptation,  when  the  unconscious  pilferer 
was  caught  by  his  ambushed  foe,  and  an  hour  served  to  hurry  him  to  the  beach 
as  a  slave  for  ever.  In  fact,  five  days  were  sufficient  to  stamp  my  image  per 
manently  on  the  Matacan  settlements,  and  to  associate  my  memory  with  any 
thing  but  blessings  in  at  least  fifty  of  their  families ! 

"In  1829,  vessels  were  publicly  sold,  and,  with  very  little  trouble,  equipped 
for  the  coast  of  Africa.  The  captures  in  that  region  were  somewhat  like  play 
ing  a  hand — taking  the  tricks,  reshuffling  the  same  cards,  and  dealing  again  to 
take  more  tricks !  Accordingly,  I  fitted  a  schooner  to  receive  a  cargo  of 
negroes  immediately  on  quitting  port.  My  crew  was  made  up  of  men  from 
all  nations,  captured  in  prizes ;  but  I  guardedly  selected  my  officers  from 
Spaniards  exclusively. 

"We  were  slowly  wafting  along  the  sea,  a  day  or  two  out  of  the  British  col 
ony,  when  the  mate  fell  into  a  chat  with  a  clever  lad  who  was  hanging  lazily 
over  the  helm.  They  spoke  of  voyages  and  mishaps,  and  this  led  the  sailor 
to  declare  his  recent  escape  from  a  vessel,  then  in  the  Rio  Nunez,  whose  mate 
had  poisoned  the  captain  to  get  possession  of  the  craft.  She  had  been  fitted,  he 
said,  at  St.  Thomas  with  the  feigned  design  of  coasting ;  but,  when  she  sailed 
for  Africa,  her  register  was  sent  back  to  the  island  in  a  boat  to  serve  some 
other  vessel,  while  she  ventured  to  the  continent  without  papers. 

"I  have  cause  to  believe  that  the  slave-trade  was  rarely  conducted  upon  the 
honorable  principles  between  man  and  man,  which,  of  course,  are  the  only  se 
curity  betwixt  owners,  commanders  and  consignees  whose  commerce  is  exclu 
sively  contraband.  There  were  men,  it  is  true,  engaged  in  it,  with  whom  the 


328  THE  SLAVE  TRADE. 

'  point  of  honor '  was  more  omnipotent  than  the  dread  of  law  in  regular 
trade.  But  innumerable  cases  have  occurred  in  which  the  spendthrifts  who 
appropriated  their  owners'  property  on  the  coast  of  Africa,  availed  themselves 
of  such  superior  force  as  they  happened  to  control,  in  order  to  escape  detec 
tion,  or  assure  a  favorable  reception  in  the  West  Indies.  In  fact,  the  slaver 
sometimes  ripened  into  something  very  like  a  pirate  ! 

"In  1828  and  1829,  severe  engagements  took  place  between  Spanish  slav 
ers  and  this  class  of  contrabandists.  Spaniards  would  assail  Portuguese  when 
the  occasion  was  tempting  and  propitious.  Many  a  vessel  has  been  fitted  in 
Cuba  for  these  adventures,  and  returned  to  port  with  a  living  cargo,  purchased 
by  cannon-balls  and  boarding-pikes  exclusively. 

"  Now,  I  confess  that  my  notions  had  become  at  this  epoch  somewhat  re 
laxed  by  my  traffic  on  the  coast,  so  that  I  grew  to  be  no  better  than  folks  of 
my  cloth.  I  was  fond  of  excitement ;  my  craft  was  sadly  in  want  of  a  cargo  ; 
and,  as  the  mate  narrated  the  helmsman's  story,  the  Quixotic  idea  naturally 
got  control  of  my  brain  that  I  was  destined  to  become  the  avenger  of  the 
poisoned  captain.  I  will  not  say  that  I  was  altogether  stimulated  by  the  noble 
spirit  of  justice ;  for  it  is  quite  possible  I  would  never  have  thought  of  the 
dead  man  had  not  the  sailor  apprised  us  that  his  vessel  was  half  full  of 
negroes  ! 

"  As  we  drifted  slowly  by  the  mouth  of  my  old  river,  I  slipped  over  the  bar, 
and,  while  I  fitted  the  schooner  with  a  splendid  nine-pounder  amidships,  I  dis 
patched  a  spy  to  the  Rio  Nunez  to  report  the  facts  about  the  poisoning,  as 
well  as  the  armament  of  the  unregistered  slaver.  In  ten  days  the  runner  ver 
ified  the  tale.  She  was  still  in  the  stream,  with  one  hundred  and  eighty-five 
human  beings,  but  would  soon  be  off  with  two  hundred  and  twenty-five. 

"  The  time  was  extraordinarily  propitious.  Every  thing  favored  my  enter 
prise.  The  number  of  slaves  would  exactly  fit  my  schooner.  Such  a  windfall 
could  not  be  neglected ;  and,  on  the  fourth  day,  I  was  entering  the  Rio  Nunez 
under  the  Portuguese  flag,  which  I  unfurled  by  virtue  of  a  pass  from  Sierra 
Leone  to  the  Cape  de  Verde  islands. 

"  I  cannot  tell  whether  my  spy  had  been  faithless,  but  when  I  reached  Fu- 
caria,  I  perceived  that  my  game  had  taken  wing  from  her  anchorage.  Here 
was  a  sad  disappointment.  The  schooner  drew  too  much  water  to  allow  a 
further  ascent,  and,  moreover,  I  was  unacquainted  with  the  river. 

"As  it  was  important  that  I  should  keep  aloof  from  strangers,  I  anchored 
in  a  quiet  spot,  and  seizing  the  first  canoe  that  passed,  learned,  for  a  small  re 
ward,  that  the  object  of  my  search  was  hidden  in  a  bend  of  the  river  at  the 
king's  town  of  Kakundy,  which  I  could  not  reach  without  the  pilotage  of  a 
certain  mulatto,  who  alone  was  fit  for  the  enterprise. 

"  I  knew  this  half-breed  as  soon  as  his  person  was  described,  but  I  had  little 
hope  of  securing  his  services,  either  by  fair  means  or  promised  recompense. 
He  owed  me  five  slaves  for  dealings  that  took  place  between  us  at  Kambia, 
and  had  always  refused  so  strenuously  to  pay,  that  I  felt  sure  he  would  be  off 
to  the  woods  as  soon  as  he  knew  of  my  presence  on  the  river.  Accordingly 


PIRACY.  329 

I  kept  my  canocmen  on  the  schooner  by  an  abundant  supply  of  '  bitters,'  and 
at  midnight  landed  half  a  dozen,  who  proceeded  to  the  mulatto's  cabin,  where 
he  was  seized  sans  ceremonie.  The  terror  of  this  ruffian  was  indescribable 
when  he  found  himself  in  my  presence — a  captive,  as  he  supposed,  for  the 
debt  of  flesh.  But  I  soon  relieved  him,  and  offered  him  a  liberal  reward  for 
his  prompt,  secret  and  safe  pilotage  to  Kakundy.  The  mulatto  was  willing, 
but  the  stream  was  too  shallow  for  my  keel.  He  argued  the  point  so  convinc 
ingly,  that  in  half  an  hour  I  relinquished  the  attempt,  and  resolved  to  make 
'Mahomet  come  to  the  mountain.' 

"  The  two  boats  were  quickly  manned,  armed,  and  supplied  with  lanterns ; 
and,  with  muffled  oars,  guided  by  our  pilot — whose  skull  was  kept  constantly 
under  the  lee  of  my  pistol — we  fell  like  vampyres  on  our  prey  in  the  dark 
ness. 

"  With  a  wild  hurrah  and  a  blaze  of  our  pistols  in  the  air,  we  leaped  on 
board,  driving  every  soul  under  hatches  without  striking  a  blow !  Sentries 
were  placed  at  the  cabin  door,  forecastle  and  hatchway.  The  cable  was 
slipped,  my  launch  took  her  in  tow,  the  pilot  and  myself  took  charge  of  the 
helm,  and,  before  daylight,  the  prize  was  alongside  my  schooner,  transhipping 
one  hundred  and  ninety-seven  of  her  slaves,  with  their  necessary  supplies. 

"  Great  was  the  surprise  of  the  captured  crew  when  they  saw  their  fate  ; 
and  great  was  the  agony  of  the  poisoner,  when  he  returned  next  morning  to 
the  vacant  anchorage,  after  a  night  of  debauch  with  the  king  of  Kakundy. 
First  of  all,  he  imagined  we  were  regular  cruisers,  and  that  the  captain's  death 
was  about  to  be  avenged.  But  when  it  was  discovered  that  they  had  fallen 
into  the  grasp  of  friendly  slavers,  five  of  his  seamen  abandoned  their  craft 
and  shipped  with  me. 

"  We  had  capital  stomachs  for  breakfast  after  that  night's  romance.  Hardly 
was  it  swallowed,  however,  when  three  canoes  came  blustering  down  the  stream, 
filled  with  negroes  and  headed  by  his  majesty.  I  did  not  wait  for  a  salutation, 
but,  giving  the  warriors  a  dose  of  bellicose  grape,  tripped  my  anchor,  sheeted 
home  my  sails,  and  was  off  like  an  albatross ! 

"  The  feat  was  cleverly  achieved ;  but,  since  then,  I  have  very  often  been 
taxed  by  my  conscience  with  doubts  as  to  its  strict  morality.  The  African 
slave-trade  produces  singular  notions  of  meum  and  tuum  in  the  minds  and 
hearts  of  those  who  dwell  for  any  length  of  time  on  that  blighting  coast ;  and 
it  is  not  unlikely  that  I  was  quite  as  prone  to  the  infection  as  better  men,  who 
perished  under  the  malady,  while  I  escaped  ! 

"It  was  a  sweltering  July,  and  the  ' rainy  season '  proved  its  tremendous 
power  by  almost  incessant  deluges.  In  the  breathless  calms  that  held  me  spell 
bound  on  the  coast,  the  rain  came  down  in  such  torrents  that  I  often  thought 
the  solid  water  would  bury  and  submerge  our  schooner.  Xow  and  then,  a 
south-wester  and  the  current  would  fan  and  drift  us  along ;  yet  the  tenth  day 
found  us  rolling  from  side  to  side  in  the  longitude  of  the  Cape  de  Verdes. 

"  Day  broke  with  one  of  its  customary  squalls  and  showers.  As  the  cloud 
lifted,  my  look-out  from  the  cross-trees  announced  a  sail  under  our  lee.  It  was> 


330  THE  SLAVE  TRADE. 

invisible  from  deck,  in  the  folds  of  the  retreating  rain,  but,  in  the  dead  calm 
that  followed,  the  distant  whistle  of  a  boatswain  was  distinctly  audible.  Be 
fore  I  could  deliberate,  all  my  doubts  were  solved  by  a  shot  in  our  main-sail, 
and  the  crack  of  a  cannon.  There  could  be  no  question  that  the  unwelcome 
visitor  was  a  man-of-war. 

"  It  was  fortunate  that  the  breeze  sprang  up  after  the  lull,  and  enabled  us 
to  carry  everything  that  could  be  crowded  on  our  spars.  We  dashed  away  be 
fore  the  freshening  wind  like  a  deer  with  the  unleashed  hounds  pursuing.  The 
slaves  were  shifted  from  side  to  side — forward  or  aft- — to  aid  our  sailing. 
Headstays  were  slackened,  wedges  knocked  off  the  masts,  and  every  incum- 
brance  cast  from  the  decks  into  the  sea.  Now  and  then,  a  fruitless  shot  from 
his  bow-chasers  reminded  the  fugitive  that  the  foe  was  still  on  his  scent.  At 
last,  the  cruiser  got  the  range  of  his  guns  so  perfectly  that  a  well-aimed  ball 
ripped  away  our  rail  and  tore  a  dangerous  splinter  from  the  foremast,  three 
feet  from  deck.  It  was  now  perilous  to  carry  a  press  of  sail  on  the  same  tack 
with  the  weakened  spar,  whereupon  I  put  the  schooner  about,  and,  to  my  de 
light,  found  we  ranged  ahead  a  knot  faster  on  this  course  than  the  former.  The 
enemy  '  went  about '  as  quickly  as  we  did,  but  her  balls  soon  fell  short  of  us, 
and,  before  noon,  we  had  crawled  so  nimbly  to  windward  that  her  top-gallants 
alone  were  visible  above  the  horizon. 

"  Our  voyage  was  uncheckered  by  any  occurrence  worthy  of  recollection  save 
the  accidental  loss  of  the  mate  in  a  dark  and  stormy  night,  until  we  approached 
the  Antilles.  Here,  where  everything  on  a  slaver  assumes  the  guise  of  pleas 
ure  and  relief,  I  remarked  not  only  the  sullenness  of  my  crew,  but  a  disposition 
to  disobey  or  neglect.  The  second  mate — shipped  in  the  Rio  Nunez,  and  who 
replaced  my  lost  officer  as  chief  mate  of  the  schooner — was  noticed  occasion 
ally  in  close  intercourse  with  the  watch,  while  his  deportment  indicated  dissat 
isfaction,  if  not  mutiny. 

"  A  slaver's  life  on  shore,  as  well  as  at  sea,  makes  him  wary  when  another 
would  not  be  circumspect,  or  even  apprehensive.  The  sight  of  land  is  c6m- 
monly  the  signal  for  merriment,  for  a  well-behaved  cargo  is  invariably  released 
from  shackles,  and  allowed  free  intercourse  between  the  sexes  during  the  day 
time  on  deck.  Water  tanks  are  thrown  open  for  unrestricted  use.  '  The  cat ' 
is  cast  into  the  sea.  Strict  discipline  is  relaxed.  The  day  of  danger  or  re- 
Tolt  is  considered  over,  and  the  captain  enjoys  a  new  and  refreshing  life  till  the 
hour  of  landing.  Sailors,  with  proverbial  generosity,  share  their  biscuits  and 
clothing  with  the  blacks.  The  women,  who  are  generally  without  garments, 
appear  in  costume  from  the  wardrobes  of  tars,  petty  officers,  mates,  and  even 
captains.  Sheets,  table-cloths,  and  spare  sails  are  torn  to  pieces  for  raiment, 
while  shoes,  bofits,  caps,  oil-cloths,  and  monkey-jackets  contribute  to  the  gay 
masquerade  of  the  '  emigrants. ' 

"  It  was  my  sincere  hope  that  the  first  glimpse  of  the  Antilles  would  have 
converted  my  schooner  into  a  theatre  for  such  a  display ;  but  the  moodiness  of 
my  companions  was  so  manifest  that  I  thought  it  best  to  meet  rebellion  half 


MUTINY.  331 

way,  by  breaking  the  suspected  officer,  and  sending  him  forward  at  the  same 
time  that  I  threw  his  'dog-house'  overboard.* 

"  I  was  now  without  a  reliable  officer,  and  was  obliged  to  call  two  of  the 
youngest  sailors  to  my  assistance  in  navigating  the  schooner.  I  knew  the  cook 
and  steward — both  of  whom  messed  aft — to  be  trustworthy  j  so  that,  with  four 
men  at  my  back,  and  the  blacks  below,  I  felt  competent  to  control  my  vessel. 
From  that  moment,  I  suffered  no  one  to  approach  the  quarter-deck  nearer  than 
the  mainmast. 

"  It  was  a  sweet  afternoon  when  we  were  floating  along  the  shores  of  Porto 
Rico,  tracking  our  course  upon  the  chart.  Suddenly,  one  of  my  new  assistants 
approached,  with  the  sociability  common  among  Spaniards,  and,  in  a  quiet 
tone,  asked  whether  I  would  take  a  cigarillo.  As  I  never  smoked,  I  rejected 
the  offer  with  thanks,  when  the  youth  immediately  dropped  the  twisted  paper 
on  my  map.  In  an  instant,  I  perceived  the  ruse,  and  discovered  that  the  ci 
garillo  was,  in  fact,  a  billet  rolled  to  resemble  one.  I  put  it  in  my  mouth, 
and  walked  aft  until  I  could  throw  myself  on  the  deck,  with  my  head  over  the 
stern,  so  as  to  open  the  paper  unseen.  It  disclosed  the  organization  of  a  mu 
tiny,  under  the  lead  of  the  broken  mate.  Our  arrival  in  sight  of  St.  Domingo 
was  to  be  the  signal  of  its  rupture,  and  for  my  immediate  landing  on  the  island. 
Six  of  the  crew  were  implicated  with  the  villain,  and  the  boatswain,  who  was 
ill  in  the  slave-hospital,  was  to  share  my  fate. 

"  My  resolution  was  promptly  made.  In  a  few  minutes,  I  had  cast  a  hasty 
glance  into  the  arm-chest,  and  seen  that  our  weapons  were  in  order.  Then, 
mustering  ten  of  the  stoutest  and  cleverest  of  my  negroes  on  the  quarter-deck, 
I  took  the  liberty  to  invent  a  little  strategic  fib,  and  told  them,  in  the  Soosoo 
dialect,  that  there  were  bad  men  on  board,  who  wanted  to  run  the  schooner 
ashore  among  the  rocks  and  drown  the  slaves  while  below.  At  the  same  time, 
I  gave  each  a  cutlass  from  the  arm-chest,  and  supplying  my  trusty  whites  with 
a  couple  of  pistols  and  a  knife  a-piece,  without  saying  a  word,  I  seized  the 
ringleader  and  his  colleagues  I  Irons  and  double-irons  secured  the  party  to  the 
mainmast  or  deck,  while  a  drum-head  court-martial,  composed  of  the  officers, 
and  presided  over  by  myself,  arraigned  and  tried  the  scoundrels  in  much  less 
time  than  regular  boards  ordinarily  spend  in  such  investigations.  During  the 
inquiry,  we  ascertained  beyond  doubt  that  the  death  of  the  mate  was  due  to 
false  play.  He  had  been  wilfully  murdered,  as  a  preliminary  to  the  assault  on 
me,  for  his  colossal  stature  and  powerful  muscles  would  have  made  him  a  dan 
gerous  adversary  in  the  seizure  of  the  craft. 

"  There  was,  perhaps,  a  touch  of  the  old-fashioned  Inquisition  in  the  mode 
of  our  judicial  researches  concerning  this  projected  mutiny.  We  proceeded 
very  much  by  way  of  '  confession,'  and  whenever  the  culprit  manifested  reluct 
ance  or  hesitation,  his  memory  was  stimulated  by  a  '  cat. '  Accordingly,  at 
the  end  of  the  trial,  the  mutineers  were  already  pretty  well  punished  ;  so  that 


*  The  forecastle  and  cabin  of  a  slaver  are  given  up  to  the  living  freight,  while  officers 
sleep  on  deck  in  kennels,  technically  known  as  "dog-houses." 


332  THE  SLAVE  TRADE. 

we  sentenced  the  six  accomplices  to  receive  an  additional  flagellation,  and  con 
tiuue  ironed  till  we  reached  Cuba.  But  the  fate  of  the  ringleader  was  not  de 
cided  so  easily.  Some  were  in  favor  of  dropping  him  overboard,  as  he  had 
done  with  the  mate  ;  others  proposed  to  set  him  adrift  on  a  raft,  ballasted  with 
chains ;  but  I  considered  both  these  punishments  too  cruel,  notwithstanding  his 
treachery,  and  kept  his  head  beneath  the  pistol  of  a  sentry  till  I  landed  him  in 
shackles  on  Turtle  Island,  with  three  days  food  and  abundance  of  water. 

"After  all  these  adventures,  I  was  very  near  losing  the  schooner  before  I 
got  to  land,  by  one  of  the  perils  of  the  sea,  for  which  I  blame  myself  that  I 
was  not  better  prepared.  It  was  the  afternoon  of  a  fine  day.  For  some  time 
I  had  noticed  on  the  horizon  a  low  bank  of  white  cloud,  which  rapidly  spread 
itself  over  the  sky  and  water,  surrounding  us  with  an  impenetrable  fog.  I  ap 
prehended  danger ;  yet,  before  I  could  make  the  schooner  snug  to  meet  the 
squall,  a  blast — as  sudden  and  loud  as  a  thunderbolt — prostrated  her  nearly  on 
her  beam.  The  shock  was  so  violent  and  unforeseen  that  the  unrestrained 
slaves,  who  were  enjoying  the  fine  weather  on  deck,  rolled  to  leeward  till  they 
floundered  in  the  sea  that  inundated  the  scuppers.  There  was  no  power  in  the 
tiller  to  '  keep  her  away '  before  the  blast,  for  the  rudder  was  almost  out  of 
water ;  but,  fortunately,  our  mainsail  burst  in  shreds  from  the  bolt-ropes,  and, 
relieving  us  from  its  pressure,  allowed  the  schooner  to  right  under  control  of 
the  helm.  The  West  Indian  squall  abandoned  us  as  rapidly  as  it  assailed,  and 
I  was  happy  to  find  that  our  entire  loss  did  not  exceed  two  slave-children,  who 
had  been  carelessly  suffered  to  sit  on  the  rail. 

"  The  reader  knows  that  my  voyage  was  an  impromptu  speculation,  with 
out  papers,  manifest,  register,  consignees,  or  destination.  It  became  necessary, 
therefore,  that  I  should  exercise  a  very  unusual  degree  of  circumspection,  not 
only  in  landing  my  human  cargo,  but  in  selecting  a  spot  from  which  I  might 
communicate  with  proper  persons.  I  had  never  been  in  Cuba,  save  on  the  oc 
casion  already  described,  nor  were  my  business  transactions  extended  beyond 
the  Regla  Association,  by  which  I  was  originally  sent  to  Africa. 

"  The  day  after  the  '  white  squall,'  I  found  our  schooner  drifting  with  a  lead 
ing  breeze  along  the  southern  coast  of  Cuba,  and  as  the  time  seemed  favor 
able,  I  thought  I  might  as  well  cut  the  gordian  knot  of  dilemma  by  landing  my 
cargo  in  a  secluded  cove  that  indented  the  beach  about  nine  miles  east  of  Sant 
lago.  If  I  had  been  consigned  to  the  spot,  I  could  not  have  been  more  for 
tunate  in  my  reception.  Some  sixty  yards  from  the  landing,  I  found  the  com 
fortable  home  of  a  ranchero  who  proffered  the  hospitality  usual  in  such  cases, 
and  devoted  a  spacious  barn  to  the  reception  of  my  slaves,  while  his  family 
prepared  an  abundant  meal. 

"  As  soon  as  the  cargo  was  safe  from  the  grasp  of  cruisers,  I  resolved  to  dis 
regard  the  flagless  and  paperless  craft  that  bore  it  from  Africa,  and  being  un 
acquainted  in  Sant'  lago,  to  cross  the  island  towards  the  capital,  in  search  of 
a  consignee.  Accordingly,  I  mounted  a  spirited  little  horse,  and  with  a  mon- 
tero  guide,  turned  my  face  once  more  towards  the  '  ever  faithful  city  of  Ha 
vana.' 


CUBA.  333 

"  My  companion  had  a  thousand  questions  for  'the  captain,'  all  of  which  I 
answered  with  so  much  bonhommie  that  we  soon  became  the  best  friends  im 
aginable,  and  chatted  over  all  the  scandal  of  Cuba.  I  learned  from  this  man 
that  a  cargo  had  recently  been  '  run '  in  the  neighborhood  of  Matanzas,  and 
that  its  disposal  was  most  successfully  managed  by  a  Senor  *  *  *  ,  from  Cat 
alonia. 

"  I  slapped  my  thigh  and  shouted  eureka  !  It  flashed  through  my  mind  to 
trust  this  man  without  further  inquiry,  and  I  confess  that  my  decision  was 
based  exclusively  upon  his  sectional  nationality.  I  am  partial  to  the  Catalans. 
Accordingly,  I  presented  myself  at  the  counting-room  of  my  future  con 
signee  in  due  time,  and  '  made  a  clean  breast '  of  the  whole  transaction,  dis 
closing  the  destitute  state  of  my  vessel.  In  a  very  short  period,  his  excellency 
the  captain-general  was  made  aware  of  my  arrival,  and  furnished  a  list  of  '  the 
Africans,'  by  which  name  the  Bosal  slaves  are  commonly  known  in  Cuba.  Nor 
was  the  captain  of  the  port  neglected.  A  convenient  blank  page  of  his  regis 
ter  was  inscribed  with  the  name  of  my  vessel  as  having  sailed  from  the  port 
six  months  before,  and  this  was  backed  by  a  register  and  muster-roll,  in  order 
to  secure  my  unquestionable  entry  into  a  harbor. 

"  Before  nightfall  everything  was  in  order  with  Spanish  dispatch,  when  stim 
ulated  either  by  doubloons  or  the  smell  of  African  blood ;  and  twenty-four 
hours  afterwards,  I  was  again  at  the  landing  with  a  suit  of  clothes  and  a  blan 
ket  for  each  of  my  '  domestics. '  The  schooner  was  immediately  put  in  charge 
of  a  clever  pilot,  who  undertook  the  formal  duty  and  name  of  her  comman 
der,  in  order  to  elude  the  vigilance  of  all  the  minor  officials  whose  conscience 
had  not  been  lulled  by  the  golden  anodyne. 

"  In  the  meanwhile  every  attention  had  been  given  to  the  slaves  by  my  hos 
pitable  ranchero.  '  The  head-money '  once  paid,  no  body — civil,  military,  for 
eign,  or  Spanish — dared  interfere  with  them.  Forty-eight  hours  of  rest,  ab 
lution,  exercise  and  feeding,  served  to  recruit  the  gang  and  steady  their  gait. 
Nor  had  the  sailors  in  charge  of  the  party  omitted  the  performance  of  their 
duty  as  '  valets '  to  the  gentlemen,  and  '  ladies'  maids '  to  the  females ;  so  that 
when  the  march  towards  Sant  lago  began,  the  procession  might  have  been 
considered  as  'respectable  as  it  was  numerous.' 

"The  brokers  of  the  southern  emporium  made  very  little  delay  in  finding 
purchasers  at  retail  for  the  entire  venture.  The  returns  were,  of  course,  in 
cash ;  and  so  well  did  the  enterprise  turn  out,  that  I  forgot  the  rebellion  of  our 
mutineers,  and  allowed  them  to  share  my  bounty  with  the  rest  of  the  crew. 
In  fact,  so  pleased  was  I  with  the  result  on  inspecting  the  balance  sheet,  that 
I  resolved  to  divert  myself  with  the  dolce  far  niente  of  Cuban  country  life  for 
a  month  at  least. 

"  But  while  I  was  making  ready  for  this  delightful  repose,  a  slight  breeze 
passed  over  the  calmness  of  my  mirror.  I  had  given,  perhaps  imprudently, 
but  certainly  with  generous  motives,  a  double  pay  to  my  men  in  recompense  of 
their  perilous  service  on  the  Rio  Nunez.  With  the  usual  recklessness  of  their 
craft,  they  lounged  about  Havana,  boasting  of  their  success,  while  a  French- 


334  THE  SLAVE  TRADE. 

man  of  the  party,  who  had  been  swindled  of  his  wages  at  cards,  appealed  to 
his  consul  for  relief.  By  dint  of  cross  questions,  the  Gallic  official  extracted 
the  tale  of  our  voyage  from  his  countryman,  and  took  advantage  of  the  fellow's 
destitution  to  make  him  a  witness  against  a  certain  Don  Te"odore  Canot,  who 
was  alleged  to  be  a  native  of  France  !  Besides  this,  the  punishment  of  my 
mate  was  exaggerated  by  the  recreant  Frenchman  into  a  most  unjustifiable  as 
well  as  cruel  act. 

"  Of  course  the  story  was  promptly  detailed  to  the  captain-general,  who  is 
sued  an  order  for  my  arrest.  But  I  was  too  wary  and  flush  to  be  caught  so 
easily  by  the  guardian  of  France's  lilies.  No  person  bearing  my  name  could 
be  found  in  the  island  ;  and  as  the  schooner  had  entered  port  with  Spanish  pa 
pers,  Spanish  crew,  and  was  regularly  sold,  it  became  manifest  to  the  stupefied 
consul  that  the  sailor's  '  yarn '  was  an  entire  fabrication.  That  night  a  con 
venient  press-gang,  in  want  of  recruits  for  the  royal  marine,  seized  the  brag 
gadocio  crew,  and  as  there  were  no  witnesses  to  corroborate  the  consul's  com-  ' 
plaint,  it  was  forthwith  dismissed. 

"  Things  are  managed  very  cleverly  in  Havana — when  you  know  how  /" 

The  following  extract  presents  a  new  phase  of  the  slave-trade ;  as  the  ordi 
nary  horrors  of  the  middle  passage  were  increased  by  that  terrible  disease,  the 
small-pox.  The  narrator  had  shipped  as  a  sailing  master  on  board  the  San 
Pablo.  The  vessel  was  disguised  as  a  French  cruiser  ;  her  officers  wore  the 
French  uniform,  and  on  all  occasions,  except  in  the  presence  of  a  genuine 
French  cruiser,  she  hoisted  the  Bourbon  lilies,  and  the  vessel  was  conducted  in 
every  way  as  if  she  belonged  to  the  royal  navy.  She  proceeded  to  the  Mo 
zambique  channel,  took  on  board  eight  hundred  victims,  and  started  on  the  re 
turn  voyage  :  "  We  had  hardly  reached  the  open  sea  before  the  captain  was 
prostrated  with  an  ague  which  refused  to  yield  to  ordinary  remedies,  and  finally 
ripened  into  fever,  that  deprived  him  of  reason.  Other  dangers  thickened 
around  us.  We  had  been  several  days  off  the  cape  of  Good  Hope,  buffeting 
a  series  of  adverse  gales,  when  word  was  brought  me  after  a  night  of  weary 
watching,  that  several  slaves  were  ill  of  small-pox.  Of  all  calamities  that  oc 
cur  in  the  voyage  of  a  slaver,  this  is  the  most  dreaded  and  unmanageable.  The 
news  appalled  me.  Impetuous  with  anxiety,  I  rushed  to  the  captain,  and  re 
gardless  of  fever  or  insanity,  disclosed  the  dreadful  fact.  He  stared  at  me  for 
a  minute  as  if  in  doubt ;  then  opening  his  bureau  and  pointing  to  a  long  coil 
of  combustible  material,  said  that  it  communicated  through  the  decks  with  the 
powder  magazine,  and  ordered  me  to — '  blow  up  the  brig  /' 

"  The  master's  madness  sobered  his  mate.  I  lost  no  time  in  securing  both 
the  dangerous  implement  and  its  perilous  owner,  while  I  called  the  officers  into 
the  cabin  for  inquiry  and  consultation  as  to  our  desperate  state. 

"  The  gale  had  lasted  nine  days  without  intermission,  and  during  all  this 
time  with  so  much  violence  that  it  was  impossible  to  take  off  the  gratings,  re 
lease  the  slaves,  purify  the  decks,  or  rig  the  wind-sails.  When  the  first  lull 
occurred,  a  thorough  inspection  of  the  eight  hundred  was  made,  and  a  death 
announced.  As  life  had  departed  during  the  tempest,  a  careful  inspection  of 


SMALL-POX.  335 

the  body  was  made,  and  it  was  this  that  first  disclosed  the  pestilence  in  our 
midst.  The  corpse  was  silently  thrown  into  the  sea,  and  the  malady  kept  se 
cret  from  crew  and  negroes. 

"  When  breakfast  was  over  on  that  fatal  morning,  I  determined  to  visit  the 
slave  deck  myself,  and  ordering  an  abundant  supply  of  lanterns,  descended  to 
the  cavern,  which  still  reeked  horribly  with  human  vapor,  even  after  ventila 
tion.  But  here,  alas  1  I  found  nine  of  the  negroes  infected  by  the  disease. 
We  took  counsel  as  to  the  use  of  laudanum  in  ridding  ourselves  speedily  of 
the  sufferers — a  remedy  that  is  seldom  and  secretly  used  in  desperate  cases  to 
preserve  the  living  from  contagion.  But  it  was  quickly  resolved  that  it  had 
already  gone  too  far,  when  nine  were  prostrated,  to  save  the  rest  by  depriving 
them  of  life.  Accordingly,  these  wretched  beings  were  at  once  sent  to  the 
forecastle  as  a  hospital,  and  given  in  charge  to  the  vaccinated  or  inoculated  as 
nurses.  The  hold  was  then  ventilated  and  limed ;  yet  before  the  gale  abated, 
our  sick  list  was  increased  to  thirty.  The  hospital  could  hold  no  more.  Twelve 
of  the  sailors  took  the  infection,  and  fifteen  corpses  had  been  cast  into  the  sea  ! 

"  All  reserve  was  now  at  an  end.  Body  after  body  fed  the  deep,  and  still 
the  gale  held  on.  At  last,  when  the  wind  and  waves  had  lulled  so  much  as  to 
allow  the  gratings  to  be  removed  from  our  hatches,  our  consternation  knew  no 
bounds  when  we  found  that  nearly  all  the  slaves  were  dead  or  dying  with  the 
distemper.  I  will  not  dwell  on  the  scene  or  our  sensations.  It  is  a  picture 
that  must  gape  with  all  its  horrors  before  the  least  vivid  imagination.  Yet 
there  was  no  time  for  languor  or  sentimental  sorrow.  Twelve  of  the  stoutest 
survivors  were  ordered  to  drag  out  the  dead  from  among  the  ill,  and  though 
they  were  constantly  drenched  with  rum  to  brutalize  them,  still  we  were  forced 
to  aid  the  gang  by  reckless  volunteers  from  our  crew,  who,  arming  their  hands 
with  tarred  mittens,  flung  the  foetid  masses  of  putrefaction  into  the  sea  1 

"  One  day  was  a  counterpart  of  another ;  and  yet  the  love  of  life,  or,  per 
haps,  the  love  of  gold,  made  us  fight  the  monster  with  a  courage  that  became 
a  better  cause.  At  length  death  was  satisfied,  but  not  until  the  eight  hundred 
beings  we  had  shipped  in  high  health  had  dwindled  to  four  hundred  and  ninety- 
seven  skeletons ! 

"  The  San  Pablo  might  have  been  considered  entitled  to  a  '  clean  bill  of 
health '  by  the  time  she  reached  the  equator.  The  dead  left  space,  food,  and 
water  for  the  living,  and  very  little  restraint  was  imposed  on  the  squalid  rem 
nant.  None  were  shackled  after  the  outbreak  of  the  fatal  plague,  so  that  in 
a  short  time  the  survivors  began  to  fatten  for  the  market  to  which  they  were 
hastening.  But  such  was  not  the  fate  of  our  captain.  The  fever  and  delirium 
had  long  left  him,  yet  a  dysenteric  tendency,  the  result  of  a  former  malady,  sud 
denly  supervened,  and  the  worthy  gentleman  rapidly  declined.  His  nerves 
gave  way  so  thoroughly  that  from  fanciful  weakness  he  lapsed  into  helpless  hy 
pochondria.  One  of  his  pet  ideas  was  that  a  copious  dose  of  calomel  would 
insure  his  restoration  to  perfect  health. 

"  But  there  was  no  balm  in  calomel  for  the  captain.  Physic  could  not  save 
him.  He  declined  day  by  clay  ;  yet  the  energy  of  his  hard  nature  kept  him 


336  THE  SLAVE  TRADE. 

alive  when  other  men  would  have  sunk,  and  enabled  him  to  command  even  from 
his  sick  bed. 

"  It  was  always  our  Sabbath  service  to  drum  the  men  to  quarters  and  exer 
cise  them  with  cannons  and  small  arms.  One  Sunday,  after  the  routine  was 
over,  the  dying  man  desired  to  inspect  his  crew,  and  was  earned  to  the  quar 
ter-deck  on  a  mattrass.  Each  sailor  marched  in  front  of  him  and  was  allowed 
to  take  his  hand ;  after  which  he  called  them  around  in  a  body,  and  announced 
his  apprehension  that  death  would  claim  him  before  our  destination  was 
reached.  Then,  without  previously  apprising  us  of  his  design,  he  proceeded 
to  make  a  verbal  testament,  and  enjoined  it  upon  all  as  a  duty  to  his  memory 
to  obey  implicitly.  If  the  San  Pablo  arrived  safely  in  port,  he  desired  that 
every  officer  and  mariner  should  be  paid  the  promised  bounty,  and  that  the  pro 
ceeds  of  the  cargo  should  be  sent  to  his  family  in  Nantz.  But  if  it  happened 
that  we  were  attacked  by  a  cruiser,  and  the  brig  was  saved  by  the  risk  and  valor 
of  a  defense,  then  he  directed  that  one-half  the  voyage's  avails  should  be 
shared  between  officers  and  crew,  while  one-quarter  was  sent  to  his  friends  in 
France,  and  the  other  given  to  me.  His  sailing-master  and  Cuban  consignees 
were  to  be  the  executors  of  this  salt-water  document. 

."  We  were  now  well  advanced  north-westwardly  on  our  voyage,  and  in  every 
cloud  could  see  a  promise  of  the  continuing  trade-wind,  which  was  shortly  to 
end  a  luckless  voyage.  From  deck  to  royal — from  flying-jib  to  ring-tail,  every 
stitch  of  canvas  that  would  draw  was  packed  and  crowded  on  the  brig.  Ves 
sels  were  daily  seen  in  numbers,  but  none -appeared  suspicious  till  we  got  far 
to  the  westward,  when  my  glass  detected  a  cruising  schooner,  jogging  along 
under  easy  sail.  I  ordered  the  helmsman  to  keep  his  course ;  and  tautening 
sheets,  braces,  and  halyards,  went  into  the  cabin  to  receive  the  final  orders  of 
our  commander. 

"  He  received  my  story  with  his  usual  bravery,  nor  was  he  startled  when  a 
boom  from  the  cruiser's  gun  announced  her  in  chase.  He  pointed  to  one  of 
his  drawers  and  told  me  to  take  out  its  contents.  I  handed  him  three  flags, 
which  he  carefully  unrolled,  and  displayed  the  ensigns  of  Spain,  Denmark,  and 
Portugal,  in  each  of  which  I  found  a  set  of  papers  suitable  for  the  San  Pablo. 
In  a  feeble  voice  he  desired  me  to  select  a  nationality ;  and,  when  I  chose  the 
Spanish,  he  grasped  my  hand,  pointed  to  the  door,  and  bade  me  not  to  sur 
render. 

"  When  I  reached  the  deck,  I  found  our  pursuer  gaining  on  us  with  the  ut 
most  speed.  She  outsailed  us — two  to  one.  Escape  was  altogether  out  of 
the  question ;  yet  I  resolved  to  show  the  inquisitive  stranger  our  mettle,  by 
keeping  my  course,  firing  a  gun,  and  hoisting  my  Spanish  signals  at  peak  and 
main. 

"  At  this  time  the  San  Pablo  was  spinning  along  finely  at  the  rate  of  about 
six  knots  an  hour,  when  a  shot  from  the  schooner  fell  close  to  our  stern.  In 
a  moment  I  ordered  in  studding-sails  alow  and  aloft,  and  as  my  men  had  been 
trained  to  their  duty  in  man-of-war  fashion,  I  hoped  to  impose  on  the  cruiser 
by  the  style  and  perfection  of  the  manoeuvre.  Still,  however,  she  kept  her 


A  CHASE.  337 

way,  and,  in  four  hours  after  discovery,  was  within  half  gun-shot  of  the  brig. 
Hitherto  I  had  not  touched  my  armament,  but  I  selected  this  moment  to 
load  under  the  enemy's  eyes,  and,  at  the  word  of  command,  to  fling  open  the 
ports  and  run  out  my  barkers.  The  act  was  performed  to  a  charm  by  my  well- 
drilled  gunners ;  yet  all  our  belligerent  display  had  not  the  least  effect  on  the 
schooner,  which  still  pursued  us.  At  last,  within  hail,  her  commander  leaped 
on  a  gun,  and  ordered  me  to  '  heave  to,  or  take  a  ball !' 

"  Now,  I  was  prepared  for  this  arrogant  command,  and,  for  half  an  hour, 
had  made  up  my  mind  how  to  avoid  an  engagement.  A  single  discharge  of 
my  broadside  might  have  sunk  or  seriously  damaged  our  antagonist,  but  the 
consequences  would  have  been  terrible  if.  he  boarded  n>e,  which  I  believed  to 
be  his  aim.  Accordingly,  I  paid  no  attention  to  the  threat,  but  tautened 
my  ropes  and  surged  ahead.  Presently,  my  racing  chaser  came  up  under  my 
lee  within  pistol-shot,  when  a  reiterated  command  to  heave  to  or  be  fired  on, 
was  answered  for  the  first  time  by  a  faint  '  no  intiendo,J — '  I  don't  understand 
you,' — while  the  man-of-war  shot  ahead  of  me.  Then  I  had  him  !  Quick  as 
thought,  I  gave  the  order  to  'square  away,'  and  putting  the  helm  up,  struck 
the  cruiser  near  the  bow,  carrying  away  her  foremast  and  bowsprit.  Such  was 
the  stranger's  surprise  at  my  daring  trick  that  not  a  musket  was  fired  or  boarder 
stirred,  till  we  were  clear  of  the  wreck.  It  was  then  too  late.  The  loss  of 
my  jib-boom  and  a  few  rope-yarns  did  not  prevent  me  from  cracking  on  my 
studding-sails,  and  leaving  the  lubber  to  digest  his  stupid  forbearance  ! 

"  This  adventure  was  a  fitting  epitaph  for  the  stormy  life  of  our  poor  com 
mander,  who  died  on  the  following  night,  and  was  buried  under  a  choice  selec 
tion  of  the  flags  he  had  honored  with  his  various  nationalities.  A  few  days 
after  the  blue  water  had  closed  over  him  forever,  our  cargo  was  safely  en 
sconced  in  the  hacienda  nine  miles  east  of  St.  Jago  de  Cuba,  while  the  San 
Pablo  was  sent  adrift  and  burned  to  the  water's  edge." 

In  a  former  chapter  of  this  work  the  natives  of  the  Gold  Coast  are  described 
as  remarkable  for  ferocity,  courage  and  endurance.  Four  hundred  and  eighty 
of  these  negroes  were  embarked  on  board  the  Estrella  at  Ayudah,  and  the  in 
cidents  of  the  voyage  are  thue  related  :  "  I  have  always  regretted  that  I  left 
Ayudah  on  my  homeward  voyage  without  interpreters  to  aid  in  the  necessary 
intercourse  with  our  slaves.  There  was  no  one  on  board  who  understood  a 
word  of  their  dialect.  Many  complaints  from  the  negroes  that  would  have 
been  dismissed  or  satisfactorily  adjusted,  had  we  comprehended  their  vivacious 
tongues,  and  grievances  were  passed  over  in  silence  or  hushed  with  the  lash. 
Indeed,  the  whip  alone  was  the  emblem  of  La  Estrella's  discipline  ;  and  in  the 
end  it  taught  me  the  saddest  of  lessons. 

"  From  the  beginning  there  was  manifest  discontent  among  the  slaves.     I* 
endeavored  at  first  to  please  and  accommodate  them  by  a  gracious  manner ; 
but  manner  alone  is  not  appreciated  by  untamed  Africans.     A  few  days  after 
our  departure,  a  slave  leaped   overboard   in  a  fit  of   passion,  and    another 
choked  himself  during  the  night.     These  two  suicides,  in  twenty-four  hours, 


338  THE  SLAVE  TRADE. 

caused  much  uneasiness  among  the  officers,  and  induced  me  to  make  every 
preparation  for  a  revolt 

"  We  had  been  at  sea  about  three  weeks  without  further  disturbance,  and 
there  was  so  much  merriment  among  the  gangs  that  were  allowed  to  come  on 
deck,  that  my  apprehensions  of  danger  began  gradually  to  wear  away.  Sud 
denly,  however,  one  fair  afternoon,  a  squall  broke  forth  from  an  almost  cloud 
less  sky ;  and  as  the  boatswain's  whistle  piped  all  hands  to  take  in  sail,  a  sim 
ultaneous  rush  was  made  by  the  confined  slaves  at  all  the  after-gratings, 
and  amid  the  confusion  of  the  rising  gale,  they  knocked  down  the  guard  and 
poured  upon  deck.  The  sentry  at  the  fore-hatch  seized  the  cook's  axe,  and 
sweeping  it  around  him  like  a  scythe,  kept  at  bay  the  band  that  sought  to 
emerge  from  below  him.  Meantime,  the  women  in  the  cabin  were  not  idle. 
Seconding  the  males,  they  rose  in  a  body,  and  the  helmsman  was  forced  to  stab 
several  with  his  knife  before  he  could  drive  them  below  again. 

"About  forty  stalwart  devils,  yelling  and  grinning  with  all  the  savage  fe 
rocity  of  their  wilderness,  were  now  on  deck,  armed  with  staves  of  broken 
water-casks,  or  billets  of  wood,  found  in  the  hold.  The  suddenness  of  this 
outbreak  did  not  appal  me,  for,  in  the  dangerous  life  of  Africa,  a  trader  must 
be  always  admonished  and  never  off  his  guard.  The  blow  that  prostrated  the 
first  white  man  was  the  earliest  symptom  I  detected  of  the  revolt ;  but  in  an 
instant  I  had  the  arm-chest  open  on  the  quarter-deck,  and  the  mate  and  stew 
ard  beside  me  to  protect  it.  Matters,  however,  did  not  stand  so  well  forward 
of  the  mainmast.  Four  of  the  hands  were  disabled  by  clubs,  while  the  rest 
defended  themselves  and  the  wounded  as  well  as  they  could  with  handspikes, 
or  whatever  could  suddenly  be  clutched.  I  had  always  charged  the  cook,  on 
such  an  emergency,  to  distribute  from  his  coppers  a  liberal  supply  of  scalding 
water  upon  the  belligerents ;  and,  at  the  first  sign  of  revolt,  he  endeavored  to 
baptize  the  heathen  with  his  steaming  slush.  But  dinner  had  been  over  for 
some  time,  so  that  the  lukewarm  liquid  only  irritated  the  savages,  one  of  whom 
laid  the  unfortunate  '  doctor '  bleeding  in  the  scuppers. 

"  All  this  occurred  in  perhaps  less  time  than  I  have  taken  to  tell  it ;  yet, 
rapid  as  was  the  transaction,  I  saw  that,  between  the  squall  with  its  flying 
sails,  and  the  revolt  with  its  raving  blacks,  we  would  soon  be  in  a  desperate 
plight,  unless  I  gave  the  order  to  shoot.  Accordingly,  I  told  my  comrades  to 
aim  low  and  fire  at  once. 

"  Our  carbines  had  been  purposely  loaded  with  buck-shot,  to  suit  such  an 
occasion,  so  that  the  first  two  discharges  brought  several  of  the  rebels  to  their 
knees.  Still,  the  unharmed  neither  fled  nor  ceased  brandishing  their  weapons. 
Two  more  discharges  drove  them  forward  among  the  mass  of  my  crew,  who 
had  retreated  to  the  bowsprit ;  but,  being  reinforced  by  the  boatswain  and  car 
penter,  we  took  command  of  the  hatches  so  effectually,  that  a  dozen  additional 
discharges  among  the  ebony  legs,  drove  the  refractory  to  their  quarters 
below. 

"  It  was  time ;  for  sails,  ropes,  tacks,  sheets,  and  blocks,  were  flapping, 
dashing  and  rolling  about  the  masts  and  decks,  threatening  us  with  imminent 


THE  REVOLT. 

danger  from  the  squall.  In  a  short  time,  every  thing  was  made  snug,  the  ves 
sel  put  on  her  course,  and  attention  paid  to  the  mutineers,  who  had  begun  to 
fight  among  themselves  in  the  hold. 

"  I  perceived  at  once,  by  the  infuriate  sounds  proceeding  from  below,  that 
it  would  not  answer  to  venture  in  their  midst  by  descending  through  the 
hatches.  Accordingly,  we  discharged  the  women  from  their  quarters  under  a 
guard  on  deck,  and  sent  several  resolute  and  well-armed  hands  to  remove  a 
couple  of  boards  from  the  bulk-head  that  separated  the  cabin  from  the  hold. 
When  this  was  accomplished,  a  party  entered,  on  hands  and  knees,  through 
the  aperture,  and  began  to  press  the  mutineers  forward  towards  the  bulk-head 
of  the  forecastle.  Still,  the  rebels  were  hot  for  fight  to  the  last,  and  boldly 
defended  themselves  with  their  staves  against  our  weapons. 

"By  this  time,  our  lamed  cook  had  rekindled  his  fires,  and  the  water  was 
once  more  boiling.  The  hatches  were  kept  open,  but  guarded,  and  all  who 
did  not  fight  were  suffered  to  come  singly  on  deck,  where  they  were  tied.  As 
only  about  sixty  remained  below  engaged  in  conflict,  or  defying  my  party  of 
sappers  and  miners,  I  ordered  a  number  of  auger-holes  to  be  bored  in  the 
deck,  as  the  scoundrels  were  forced  forward  near  the  forecastle,  when  a  few 
buckets  of  boiling  water,  rained  on  them  through  the  fresh  apertures,  brought 
the  majority  to  submission.  Still,  however,  two  of  the  most  savage  held  out 
against  water  as  well  as  fire.  I  strove  as  long  as  possible  to  save  their  lives, 
but  their  resistance  was  so  proftmged  and  perilous,  that  we  were  obliged  to 
disarm  them  for  ever  by  a  couple  of  pistol  shots. 

There  was  very  little  comfort  on  board  La  Estrella,  after  the  suppression  of 
this  revolt.  We  lived  with  a  pent-up  volcano  beneath  us,  and,  day  and  night, 
we  were  ceaselessly  vigilant.  Terror  reigned  supreme,  and  the  lash  was  its 
sceptre. 

"  At  last,  we  made  land  at  Porto  Rico,  and  were  swiftly  passing  its  beau 
tiful  shores,  when  the  inspector  called  my  attention  to  the  appearance  of  one 
of  our  attendant  slaves,  whom  we  had  drilled  as  a  sort  of  cabin-boy.  He  was 
a  gentle,  intelligent  child,  and  had  won  the  hearts  of  all  the  officers.  His 
pulse  was  high,  quick  and  hard ;  his  face  and  eyes  read  and  swollen ;  while, 
on  his  neck,  I  detected  half  a  dozen  rosy  pimples.  He  was  sent  immediately 
to  the  forecastle,  free  from  contact  with  any  one  else,  and  left  there,  cut  off 
from  the  crew,  till  I  could  guard  against  pestilence.  It  was  small-pox  ! 

"  The  boy  passed  a  wretched  night  of  fever  and  pain,  developing  the  malady 
with  all  its  horrors.  It  is  very  likely  that  I  slept  as  badily  as  the  sufferer,  for 
my  mind  was  busy  with  his  doom.  Daylight  found  me  on  deck  in  consulta 
tion  with  our  veteran  boatswain,  whose  experience  in  the  trade  authorized  the 
highest  respect  for  his  opinion.  Hardened  as  he  was,  the  old  man's  eyes 
filled,  his  lips  trembled,  and  his  voice  was  husky,  as  he  whispered  the  verdict 
in  my  ear.  I  guessed  it  before  he  said  a  word ;  yet  I  hoped  he  would  have 
counseled  against  the  dread  alternative.  As  we  went  aft  to  the  quarter-deck, 
all  eyes  were  bent  upon  us,  for  every  one  conjectured  the  malady  and  feared 
the  result,  yet  none  dared  ask  a  question.  I  ordered  a  general  inspection  of 


340  THE  SLAVE  TRADE. 

the  slaves,  yet  when  a,  favorable  report  was  made,  I  did  not  rest  content,  and 
descended  to  examine  each  one  personally.  It  was  true ;  the  child  alone  was 
infected  !  For  half  an  hour,  I  trod  the  deck  to  and  fro  restlessly,  and  caused 
the  crew  to  subject  themselves  to  inspection.  But  my  sailors  were  as  healthy 
as  the  slaves.  There  was  no  symptom  that  indicated  approaching  danger.  I 
was  disappointed  again.  A  single  case — a  single  sign  of  peril  in  any  quarter, 
would  have  spared  the  poison  1 

"  That  evening,  in  the  stillness  of  night,  a  trembling  hand  stole  forward  to 
the  afflicted  boy  with  a  potion  that  knows  no  waking.  In  a  few  hours,  all 
was  over.  Life  and  the  pestilence  were  crushed  together ;  for  a  necessary 
murder  had  been  committed,  and  the  poor  victim  was  beneath  the  blue  water  ! 

"  I  am  not  superstitious,  but  a  voyage  attended  with  such  calamities  could 
not  end  happily.  Incessant  gales  and  head  winds,  unusual  in  its  season  and 
latitude,  beset  us  so  obstinately,  that  it  became  doubtful  whether  our  food  and 
water  would  last  till  we  reached  Matanzas.  To  add  to  our  risks  and  misfor 
tunes,  a  British  corvette  espied  our  craft,  and  gave  chase  off  Cape  Maize. 
All  day  long  she  dogged  us  slowly,  but,  at  night,  I  tacked  off  shore,  with  the 
expectation  of  eluding  my  pursuer.  Day  dawn,  however,  revealed  her  again 
on  our  track,  though  this  time  we  had  unfortunately  fallen  to  leeward.  Ac 
cordingly,  I  put  La  Estrella  directly  before  the  wind,  and  ran  till  dark  with  a 
fresh  breeze,  when  I  again  dodged  the  cruiser,  and  made  for  the  Cuban  coast. 
But  the  Briton  seemed  to  scent  my  track,  for  sunrise  revealed  him  once  more 
in  chase. 

"  The  wind  lulled  that  night  to  a  light  breeze,  yet  the  red  clouds  and  haze 
in  the  east  betokened  a  gale  from  that  quarter  before  meridian.  A  longer  pur 
suit  must  have  given  considerable  advantage  to  the  enemy,  so  that  my  best  re 
liance,  I  calculated,  was  in  making  the  small  harbor  near  St.  Jago,  now  about 
twenty  miles  distant,  where  I  had  already  landed  two  cargoes.  The  corvette 
was  then  full  ten  miles  astern. 

"  My  resolution  to  save  the  cargo  and  lose  the  vessel  was  promptly  made  ; 
orders  were  issued  to  strike  from  the  slaves  the  irons  they  had  constantly  worn 
since  the  mutiny ;  the  boats  were  made  ready ;  and  every  man  prepared  his 
bag  for  a  rapid  launch. 

"  On  dashed  the  cruiser,  foaming  at  the  bows,  under  the  impetus  oi  the 
rising  gale,  which  struck  him  some  time  before  it  reached  us.  We  were  not 
more  than  seven  miles  apart  when  the  first  increased  pressure  on  our  sails  was 
felt,  and  every  thing  was  set  and  braced  to  give  it  the  earliest  welcome.  Then 
came  the  tug  and  race  for  the  beach,  three  miles  ahead.  But,  under  such  cir 
cumstances,  it  was  hardly  to  be  expected  that  St.  George  could  carry  the  day. 
Still,  every  nerve  was  strained  to  effect  the  purpose.  Regardless  of  the  gale, 
reef  after  reef  was  let  out  while  force  pumps  moistened  the  sails ;  yet  nothing 
was  gained.  Three  miles  against  seven  were  too  much  odds ; — and,  with  a 
slight  move  of  the  helm,  and  'letting  all  fly,'  as  we  neared  the  line  of  surf,  to 
break  her  headway,  La  Estrella  was  fairly  and  safely  beached. 

"  The  sudden  shock  snapped  her  mainmast  like  a  pipe-stem,  but,  as  no  one 


GALLINAS. 


341 


was  injured,  in  a  twinkling  the  boats  were  overboard,  crammed  with  women 
and  children,  while  a  stage  was  rigged  from  the  bows  to  the  strand,  so  that 
the  males,  the  crew  and  the  luggage  were  soon  in  charge  of  my  old  hacien- 
dado. 

"  Prompt  as  we  were,  we  were  not  sufficiently  so  for  the  cruiser.  Half  our 
cargo  was  ashore  when  she  backed  her  top-sails  off  the  mouth  of  the  little 
bay,  lowered  her  boats,  filled  them  with  boarders,  and  steered  towards  our 
craft.  The  delay  of  half  a  mile's  row  gave  us  time  to  cling  still  longer  to 
the  wreck,  so  that,  when  the  boats  and  corvette  began  to  fire,  we  wished  them 
joy  of  their  bargain  over  the  remnant  of  our  least  valuable  negroes.  The 
rescued  blacks  are  now,  in  all  likelihood,  citizens  of  Jamaica;  but,  under 
the  influence  of  the  gale,  La  Estrella  made  a  very  picturesque  bonfire,  as  we 
saw  it  that  night  from  the  azotea  of  our  landlord's  domicil." 

On  a  subsequent  voyage,  the  captain  fell  into  the  hands  of  the  Philistines. 
While  loading  his  fast-sailing  Baltimore  clipper  in  the  Rio  Salum,  the  vessel 
was  seized  by  the  boats  of  a  French  corvette,  and  the  captain  and  crew,  after 
being  tried  at  San  Luis,  were  sentenced  to  imprisonment  in  France,  the  cap 
tain  for  ten  years.  When  two  years  had  elapsed,  he  obtained  a  pardon,  and 
sailed  immediately  from  Marseilles  to  the  coast  of  Africa,  to  recruit  his  for 
tunes.  He  entered  the  service  of  the  noted  Don  Pedro,  the  prince  of  African 
slave-merchants.  This  extract  is  given  to  exhibit  the  enormous  wealth  which 
could  be  accumulated  in  the  slave  traffic  by  a  man  of  superior  ability. 

"Our  concern  is  now  with  Gallinas.  Nearly  one  hundred  miles  northwest 
of  Monrovia,  a  short  and  sluggish  river,  bearing  this  well-known  name,  oozes 
lazily  into  the  Atlantic  ;  and,  carrying  down  in  the  rainy  season  a  rich  alluvion 
from  the  interior,  sinks  the  deposit  where  the  tide  meets  the  Atlantic  and 
forms  an  innumerable  mesh  of  spongy  islands.  To  one  who  approaches  from 
sea,  they  loom  up  from  its  surface,  covered  with  reeds  and  mangroves,  like  an 
immense  field  of  fungi,  betokening  the  damp  and  dismal  field  which  death  and 
slavery  have  selected  for  their  grand  metropolis.  A  spot  like  this,  possessed, 
of  course,  no  peculiar  advantages  for  agriculture  or  commerce  ;  but  its  dan 
gerous  bar,  and  its  extreme  desolation,  fitted  it  for  the  haunt  of  the  outlaw  and 
slaver. 

"  Such,  in  all  likelihood,  were  the  reasons  that  induced  Don  Pedro  Blanco, 
a  well  educated  mariner  from  Malaga,  to  select  Gallinas  as  the  field  of  his 
operations.  Don  Pedro  visited  this  place  originally  in  command  of  a  slaver  ; 
but  failing  to  complete  his  cargo,  sent  his  vessel  back  with  one  hundred  negroes, 
whose  value  was  barely  sufficient  to  pay  the  mates  and  crew.  Blanco,  however, 
remained  on  the  coast  with  a  portion  of  the  Conquistador's  cargo,  and,  on  its 
basis,  began  a  trade  with  the  natives  and  slaver-captains,  till,  four  years  after, 
he  remitted  his  owners  the  product  of  their  merchandise,  and  began  to  flourish 
on  his  own  account.  The  honest  return  of  an  investment  long  given  over  as 
lost,  was  perhaps  the  most  active  stimulant  of  his  success,  and  for  many  years 
he  monopolized  the  traffic  of  the  Vey  country,  reaping  enormous  profits  from 
his  enterprise. 


THE  SLAVE  TRADE. 

"  Gallinas  was  not  in  its  prime  when  I  came  thither,  yet  enough  of  its 
ancient  power  and  influence  remained  to  show  the  comprehensive  mind  of  Pedro 
Blanco.  As  I  entered  the  river,  and  wound  along  through  the  labyrinth  of 
islands,  I  was  struck,  first  of  all,  with  the  vigilance  that  made  this  Spaniard 
stud  the  field  with  look-out  seats,  protected  from  sun  and  rain,  erected  some 
seventy-five  or  hundred  feet  above  the  ground,  either  on  poles  or  on  isolated 
trees,  from  which  the  horizon  was  constantly  swept  by  telescopes,  to  announce 
the  approach  of  cruisers  or  slavers.  These  telegraphic  operators  were  the 
keenest  mon  on  the  islands,  who  were  never  at  fault  in  discriminating  between 
friend  and  foe.  About  a  mile  from  the  river's  mouth  we  found  a  group  of 
islets,  on  each  of  which  was  erected  the  factory  of  some  particular  slave-mer 
chant  belonging  to  the  grand  confederacy.  Blanco 's  establishments  were  on 
several  of  these  marshy  flats.  On  one,  near  the  mouth,  he  had  his  place  of 
business  or  trade  with  foreign  vessels,  presided  over  by  his  principal  clerk,  an 
astute  and  clever  gentleman.  On  another  island,  more  remote,  was  his  resi 
dence,  where  the  only  white  person  was  a  sister,  who,  for  a  while,  shared  with 
Don  Pedro  his  solitary  and  pestilential  domain.  Here  this  man  of  education 
and  refined  address  surrounded  himself  with  every  luxury  that  could  be  pur 
chased  in  Europe  or  the  Indies,  and  dwelt  in  a  sort  of  oriental  but  semi-bar 
barous  splendor,  that  suited  an  African  prince  rather  than  a  Spanish  grandee. 
Further  inland  was  another  islet,  devoted  to  his  seraglio,  within  whose  recesses 
each  of  his  favorites  inhabited  her  separate  establishment,  after  the  fashion  of 
the  natives.  Independent  of  all  these  were  other  islands,  devoted  to  the  bar- 
racoons  or  slave  prisons,  ten  or  twelve  of  which  contained  from  one  hundred 
to  five  hundred  slaves  each.  These  barracoons  were  made  of  rough  staves 
or  poles  of  the  hardest  trees,  four  or  six  inches  in  diameter,  driven  five  feet  in 
the  ground,  and  clamped  together  by  double  rows  of  iron  bars.  Their  roofs 
were  constructed  of  similar  wood,  strongly  secured  and  overlaid  with  a  thick 
thatch  of  long  and  wiry  grass,  rendering  the  interior  both  dry  and  cool.  At 
the  ends,  watch-houses — built  near  the  entrance — were  tenanted  by  sentinels, 
with  loaded  muskets.  Each  barracoon  was  tended  by  two  or  four  Spaniards 
or  Portuguese  ;  but  I  have  rarely  met  a  more  wretched  class  of  human  beings, 
upon  whom  fever  and  dropsy  seemed  to  have  emptied  their  vials. 

"  Such  were  the  surroundings  of  Don  Pedro  in  1836,  when  I  first  saw  his 
slender  figure,  swarthy  face,  and  received  the  graceful  welcome  which  I  had 
hardly  expected  from  one  who  had  passed  fifteen  years  without  crossing  the 
bar  of  Gallinas !  Three  years  after  this  interview,  he  left  the  coast  forever, 
with  a  fortune  of  near  a  million.  For  a  while  he  dwelt  in  Havana,  engaged 
in  commerce ;  but  I  understood  that  family  difficulties  induced  him  to  retire 
altogether  from  trade ;  so  that,  if  still  alive,  he  is  probably  a  resident  of  'Ge- 
nova  la  Superba,'  whither  he  went  from  the  island  of  Cuba. 

"  The  power  of  this  man  among  the  natives  is  well  known ;  it  far  exceeded 
that  of  any  one  with  whom  I  became  acquainted.  Resolved  as  he  was  to  be 
successful  in  traffic,  he  left  no  means  untried,  with  blacks  as  well  as  whites,  to 
secure  prosperity.  I  have  often  been  asked  what  was  the  character  of  a  mind 


GALLINAS.  343 

which  could  voluntarily  isolate  itself  for  near  a  lifetime  amid  the  pestilential 
swamps  of  a  burning  climate,  trafficking  in  human  flesh,  exciting  wars,  bribing 
and  corrupting  ignorant  negroes  ;  totally  without  society,  amusement,  excite 
ment  or  change ;  living,  from  year  to  year,  the  same  dull  round  of  seasons  and 
faces ;  without  companionship,  save  that  of  men  at  war  with  law ;  cut  loose 
from  all  ties  except  those  which  avarice  formed  among  European  outcasts  who 
were  willing  to  become  satellites  to  such  a  luminary  as  Don  Pedro  ?  I  have 
always  replied  to  the  question,  that  this  African  enigma  puzzled  me  as  well  as 
those  orderly  and  systematic  persons,  who  would  naturally  be  more  shocked  at 
the  tastes  and  prolonged  career  of  a  resident  slave-factor  in  the  marshes  of 
Gallinas. 

"  I  heard  many  tales  on  the  coast  of  Blanco 's  cruelty,  but  I  doubt  them 
quite  as  much  as  I  do  the  stories  of  his  pride  and  arrogance.  I  have  heard  it 
said  that  he  shot  a  sailor  for  daring  to  ask  him  for  permission  to  light  his  cigar 
at  the  puro  of  the  Don.  Upon  another  occasion,  it  is  said  that  he  was  tra 
veling  the  beach  some  distance  from  Gallinas,  near  the  island  of  Sherboro. 
where  he  was  unknown,  when  he  approached  a  native  hut  for  rest  and  refresh 
ment.  The  owner  was  squatted  at  the  door,  and,  on  being  requested  by  Don 
Pedro  to  hand  him  fire  to  light  his  cigar,  deliberately  refused.  In  an  instant 
Blanco  drew  back,  seized  a  carbine  from  one  of  his  attendants,  and  slew  the 
negro  on  the  spot.  It  is  true  that  the  narrator  apologized  for  Don  Pedro,  by 
saying  that  to  deny  a  Castilian  fire  for  his  tobacco  was  the  gravest  insult 
that  can  be  offered  him ;  yet,  from  my  knowledge  of  the  person  in  question,  I 
cannot  believe  that  he  carried  etiquette  to  so  frightful  a  pitch,  even  among  a 
class  whose  lives  are  considered  of  trifling  value  except  in  market.  On  sev 
eral  occasions,  during  our  subsequent  intimacy,  I  knew  him  to  chastise  with 
rods,  even  to  the  brink  of  death,  servants  who  ventured  to  infringe  the  sacred 
limits  of  his  seraglio.  But,  on  the  other  hand,  his  generosity  was  proverbially 
ostentatious,  not  only  among  the  natives,  whom  it  was  his  interest  to  suborn, 
but  to  the  whites  who  were  in  his  employ,  or  needed  his  kindly  succor.  I  have 
already  alluded  to  his  mental  culture,  which  was  decidedly  soigne  for  a  Spaniard 
of  his  original  grade  and  time.  His  memory  was  remarkable.  I  remember 
one  night,  while  several  of  his  employes  were  striving  unsuccessfully  to  repeat 
the  Lord's  prayer  in  Latin,  upon  which  they  had  made  a  bet,  that  Don  Pedro 
joined  the  party,  and  taking  up  the  wager,  went  through  the  petition  without 
faltering.  It  was,  indeed,  a  sad  parody  on  prayer  to  hear  its  blessed  accents 
fall  perfectly  from  such  lips  on  a  bet ;  but  when  it  was  won,  the  slaver  insisted 
on  receiving  the  slave  which  was  the  stake,  and  immediately  bestowed  him  in 
charity  on  a  captain  who  had  fallen  into  the  clutches  of  a  British  cruiser  ! 

"  Such  is  a  rude  sketch  of  the  great  man-merchant  of  Africa,  the  Rothschild 
of  slavery,  whose  bills  on  England,  France,  or  the  United  States,  were  as  good 
as  gold  in  Sierra  Leone  and  Monrovia  !  " 

The  great  slave-mart  of  Gallinas  has  since  been  destroyed  by  the  colonists 
and  cruisers,  as  narrated  in  a  subsequent  chapter. 


TELE  SLAVE  TRADE. 


CHAPTER    XIX. 

, 
OPERATIONS  OF  THE  CRUISERS  UNDER  THE  ASHBURTON  TREATY. 

The  American  Squadrons  from  1847  to  1851. — More  captures. — U.  S.  brig  Perry — cruises 
off  the  southern  coast. — Capture  of  a  slaver  with  800  slaves,  by  an  English  cruiser. — 
Abuses  of  the  American  flag. — The  Lucy  Ann  captured. — Case  of  the  Navarre. — Cap 
ture  by  the  Perry  of  the  Martha  of  New  York — her  condemnation. — Case  of  the 
Chatsworth — of  the  Louisa  Beaton. — The  Chatsworth  seized  and  sent  to  Baltimore — 
is  condemned  as  a  slaver. — State  of  the  slave-trade  on  the  southern  coast. — Impor 
tance  of  the  squadron. — The  Brazilian  slave-trade  diminishes. 


V, 


E  now  return  to  the  operations  of  the  American  cruisers.  In  1847,  the 
sloop-of-war  Jamestown  proceeded  to  the  African  station,  under  Commodore 
Bolton,  and  the  frigate  United  States  was  relieved  The  year  following,  the 
commodore  was  relieved  by  the  Yorktown,  Commodore  Cooper.  In  1849,  the 
squadron  was  assigned  to  Commodore  Gregory,  and  consisted  of  the  sloops-of- 
war  Portsmouth,  John  Adams,  Dale,  Yorktown,  and  the  brigs  Baiubridge, 
Porpoise  and  Perry.  Three  or  four  slavers  were  captured,  and  the  entire 
coast  closely  watched. 

In  1851,  the  Germantown,  Commodore  Lavalette,  relieved  Commodore 
Gregory.  He  made  an  active  cruise  for  two  years,  when  the  frigate  Consti 
tution,  Commodore  Mayo,  arrived  to  take  command  of  the  squadron,  consist 
ing  of  the  sloops-of-war  Marion  and  Dale  and  the  brig  Perry. 

Of  these  squadrons,  that  of  1850  and  1851  contributed  largely  toward  sup 
pressing  the  trade  and  the  abuses  of  the  American  flag.  The  efficient  com 
mander  of  the  Perry,  Andrew  H.  Foote,  in  his  work  entitled  "  Africa  and  the 
American  Flag,"  published  in  1854,  has  given  the  results  of  his  cruising  ope 
rations  on  the  southern  coast,  a  region  seldom  before  visited  by  American 
cruisers.  We  are  also  indebted  to  his  work  for  reliable  information  in  regard 
to  Liberia,  the  Maryland  Colony,  and  other  subjects  connected  with  Africa. 

The  object  of  the  cruise  was  "to  protect  the  lawful  commerce  of  the  United 
States,  and  to  prevent  the  flag  and  citizens  thereof  from  being  engaged  in 
the  slave-trade,  to  carry  out  in  good  faith  the  treaty  stipulations  with  England, 
and  to  act  in  concert  with  British  cruisers,  so  far  as  instructions  permitted." 

Information  was  received  at  Benguela,  that  five  days  previous  to  the  arrival 
of  the  Perry,  an  English  cruiser  had  captured,  near  this  place,  a  brig,  with 
eight  hundred  slaves  on  board.  In  this  case,  it  appeared  that  the  vessel  came 
from  Rio  de  Janeiro,  under  American  colors  and  papers,  with  an  American 
captain  and  crew ;  and  had  been,  when  on  the  coast,  transferred  to  a  Brazil 
ian  captain  and  crew,  the  Americans  having  gone  on  shore  with  the  papers. 
The  captured  slaver  was  sent  to  the  island  of  St.  Helena  for  adjudication. 

After  remaining  three  days  at  Benguela,  where  neither  fresh  water  nor  pro 
visions  could  be  procured,  the  Perry  weighed  anchor  and  ran  down  the  coast, 
examining  all  intermediate  points  and  boarding  several  vessels  during  the 


AMERICAN  CRUISERS.  345 

passage  to  Loanda.  This  city  is  the  capital  of  Loango,  and  the  most  flourish 
ing  of  the  Portuguese  establishments  on  the  African  coast. 

In  a  letter  announcing  the  arrival  of  the  vessel,  and  her  reception  by  the  au 
thorities,  the  Navy  Department  was  informed  that  an  English  steamer  had 
arrived,  having  recently  captured  a  slaver,  the  bark  Navarre,  which  had 
sailed  from  Rio  de  Janeiro  to  St.  Catharine's,  where  she  had  fitted  up  for  a 
slave  cargo,  and  received  a  Brazilian  captain  and  crew.  When  boarded  by 
the  English  steamer,  the  slaver  had  American  colors  flying ;  and  on  being  told 
by  the  commander  that  her  papers  were  forged,  and  yet  that  he  could  not 
search  the  vessel,  but  must  send  her  to  an  American  cruiser,  the  captain  then 
ordered  the  American  colors  to  be  hauled  down,  and  the  Brazilian  to  be  hoist 
ed,  declaring  that  she  was  Brazilian  property,  sent  the  Brazilian  captain  and 
crew  on  deck,  and  gave  up  the  vessel. 

The  commander  of  the  Perry  also  informed  the  Navy  Department  that,  soon 
after  his  arrival  at  Loanda,  he  had  received  from  various  sources  information 
of  the  abuse  of  the  American  flag  in  connection  with  the  slave-trade ;  and 
inclosed  copies  of  letters  and  papers  addressed  to  him  by  the  British  commis 
sioner,  and  the  commander  of  an  English  cruiser,  which  gave  authentic  infor 
mation  on  the  subject. 

He  suggested  that  as  the  legitimate  commerce  of  the  United  States  ex 
ceeded  that  of  Great  Britain  and  France,  on  the  coast  south  of  the  equator, 
and  the  American  flag  had  been  used  to  cover  the  most  extensive  slave-trade, 
it  would  seem  that  the  presence  of  one  or  two  men-of-war,  and  the  appoint 
ment  of  a  consul,  or  some  public  functionary  at  that  place,  were  desirable. 

In  reference  to  vessels  ostensibly  American,  which  had  been  engaged  in  the 
slave-trade,  a  British  officer,  on  the  21st  of  March,  1850,  in  a  letter  inclosing  a 
list  of  American  vessels  which  had  been  boarded  by  the  cruiser  under  his  com 
mand,  stated  that  all  the  vessels  had  afterwards  taken  slaves  from  the  coast, 
and,  with  the  exception  of  the  "Lucy  Ann,"*  captured  with  five  hundred  slaves 
on  board  by  a  British  steamer,  had  escaped.  The  registers,  or  sea-letters,  of  these 
vessels  appeared  to  be  genuine  ;  and  he  being  unable  to  detect  any  inaccura 
cies  in  their  papers,  his  duty  to  the  American  flag  had  ceased.  The  vessels  in 
his  list  had  been  boarded  by  himself;  but  the  senior  officer  of  the  division  was 
referred  to,  "who  could  give  a  list  of  many  more,  all  of  which  would  have 
been  good  prizes  to  an  officer  having  the  right  of  search  ;  "  for  he  was  well  as 
sured  that  they  went  over  to  that  coast,  fully  fitted  and  equipped  for  the  slave- 
trade. 

On  the  25th  of  March,  the  commander  requested  the  English  captain  to 

*The  "Lucy  Ann,"  when  captured,  was  boarded  fifty  or  sixty  miles  to  leeward,  or 
north  of  Loanda.  She  had  an  American  flag  flying,  although  her  papers  had  been  de 
posited  in  the  consul's  office  at  Rio.  The  English  boarding  officer,  who  was  not  allow 
ed  to  see  any  papers,  suspecting  her  character,  prolonged  his  visit  for  some  time.  As 
he  was  about  leaving  the  vessel,  a  cry  or  stifled  groan  was  heard  issuing  from  the  hold. 
The  main  hatches  were  apparently  forced  up  from  below,  although  a  boat  was  placed 
over  them,  and  the  heads  of  many  people  appeared.  Five  hundred  and  forty-seven 
slaves  were  found  in  the  hold,  almost  in  a  state  of  suffocation.  The  master  then  hauled 
down  the  American  flag,  declared  the  vessel  to  be  Brazilian,  and  gave  her  up. 


346  THE  SLAVE  TRADE. 

give  him  a  detailed  account  of  the  circumstances  attending  the  capture  of  the 
bark  Navarre,  by  her  B.  M.  steamer  Fire  Fly. 

He  asked  for  this  information,  as  the  Navarre  was  boarded  when  under 
American  colors,  although  displaying  Brazilian  colors  when  captured. 

In  reply,  the  English  captain  informed  him  that  the  slave  bark  Navarre, 
seized  under  the  Brazilian  flag,  on  the  19th  instant,  had  the  American  ensign 
flying  at  the  time  she  was  boarded.  The  boarding  officer  having  doubts  of  her 
nationality,  in  consequence  of  her  papers  not  appearing  to  be  regular,  he  him 
self,  although  ill  at  the  time,  considered  it  his  duty  to  go  on  board,  when, 
being  convinced  that  her  papers  were  false,  he  informed  the  person  calling 
himself  master  of  her,  that  it  was  his  duty  to  send  him  to  the  American  squad 
ron,  or  in  the  event  of  not  falling  in  with  them,  to  New  York.  The  master 
immediately  went  on  deck  and  ordered  the  mate  to  haul  down  the  American 
ensign — to  throw  it  overboard — and  to  hoist  their  proper  colors.  The  Amer 
ican  ensign  was  hauled  down  and  thrown  overboard  by  the  mate,  who  imme 
diately  hoisted  the  Brazilian  ensign.  A  man  then  came  on  deck  from  below, 
saying  that  he  was  captain  of  the  vessel ;  that  she  was  Brazilian  property,  and 
fully  fitted  for  the  slave-trade ;  which  the  person  who  first  appeared  acknowl 
edged,  stating  that  he  himself  was  a  Brazilian  subject.  Having  obtained  this 
from  them  in  writing,  the  person  who  first  called  himself  captain  having  signed 
it,  and  having  had  the  signing  of  the  document  witnessed  by  two  officers,  he 
opened  her  hatches,  found  all  the  Brazilian  crew  below,  slave-deck  laid,  water 
filled,  provisions  for  the  slaves,  and  slave-shackles. 

On  the  6th  of  June,  1850,  at  three  o'clock  in  the  afternoon,  a  large  ship 
with  two  tiers  of  painted  ports  was  made  to  windward,  standing  in  for  the 
land  toward  Ambriz.  At  four  o'clock  the  chase  was  overhauled,  having  the 
name  "  Martha,  New  York,"  registered  on  her  stern.  The  Perry  had  no  colors 
flying.  The  ship,  when  in  range  of  the  guns,  hoisted  the  American  ensign, 
shortened  sail,  and  backed  her  main-topsail.  The  first  lieutenant,  Mr.  Rush, 
was  sent  to  board  her.  As  he  was  rounding  her  stern,  the  people  on  board 
observed,  by  the  uniform  of  the  boarding  officer,  that  the  vessel  was  an  Ameri 
can  cruiser.  The  ship  then  hauled  down  the  American,  and  hoisted  Brazilian 
colors.  The  officer  went  on  board,  and  asked  for  papers  and  other  proofs  of 
nationality.  The  captain  denied  having  papers,  log,  or  any  thing  else.  At 
this  time  something  was  thrown  overboard,  when  another  boat  was  sent  from 
the  Perry,  and  picked  up  the  writing-desk  of  the  captain,  containing  sundry 
papers  and  letters,  identifying  the  captain  as  an  American  citizen ;  also  indi 
cating  the  owner  of  three-fifths  of  the  vessel  to  be  an  American  merchant, 
resident  in  Rio  de  Janeiro.  After  obtaining  satisfactory  proof  that  the  ship 
Martha  was  a  slaver,  she  was  seized  as  a  prize. 

The  captain  at  length  admitted  that  the  ship  was  fully  equipped  for  the 
slave-trade.  There  were  found  on  board  the  vessel  one  hundred  and  seventy- 
six  casks  filled  with  water,  containing  from  one  hundred  to  one  hundred  and 
fifty  gallons  each ;  one  hundred  and  fifty  barrels  of  farina  for  slave-food ; 
several  sacks  of  beans  ;  slave-deck  laid  ;  four  iron  boilers  for  cooking  slave- 


AMERICAN  CRUISERS.  347 

provisions  ;  iron  bars,  with  the  necessary  wood- work,  for  securing  slaves  to  the 
deck  ;  four  hundred  spoons  for  feeding  them  ;  between  thirty  and  forty  mus 
kets,  and  a  written  agreement  between  the  owner  and  captain,  with  the  receipt 
of  the  owner  for  two  thousand  milreis. 

There  being  thirty-five  persons  on  board  this  prize,  many  of  whom  were 
foreigners,  it  was  deemed  necessary  to  send  a  force  of  twenty-five  men,  with 
the  first  and  second  lieutenants,  that  the  prize  might  be  safely  conducted  to 
New  York,  for  which  place  she  took  her  departure  that  evening. 

Soon  after  the  Martha  was  discovered,  she  passed  within  hailing  distance  of 
an  American  brig,  several  miles  ahead  of  the  Perry,  and  asked  the  name  of 
the  cruiser  astern ;  on  being  told,  the  captain,  in  despair,  threw  his  trumpet  on 
deck.  But  on  a  moment's  reflection,  as  he  afterwards  stated,  he  concluded, 
notwithstanding,  that  she  must  be  an  English  cruiser,  not  only  from  her  ap 
pearance,  but  from  the  knowledge  that  the  Perry  had  left  for  Porto  Praya, 
and  could  not  in  the  mean  time  have  returned  to  that  part  of  the  coast 
Therefore,  finding  when  within  gun-shot  of  the  vessel,  that  he  could  not  escape, 
and  must  show  his  colors,  ran  up  the  American  ensign,  intending  under  his 
nationality  to  avoid  search  and  capture.  The  boarding-officer  was  received  at 
the  gangway  by  a  Brazilian  captain,  who  strongly  insisted  that  the  vessel  was 
Brazilian  property.  But  the  officer,  agreeably  to  an  order  received  on  leaving 
the  Perry,  to  hold  the  ship  to  the  nationality  first  indicated  by  her  colors,  pro 
ceeded  in  the  search.  In  the  mean  time,  the  American  captain,  notwithstand 
ing  his  guise  as  a  sailor,  being  identified  by  another  officer,  was  sent  on  board 
the  Perry.  He  claimed  that  the  vessel  could  not  lawfully  be  subjected  to 
search  by  an  American  man-of-war,  while  under  Brazilian  colors.  But  on 
being  informed  that  he  would  be  seized  as  a  pirate  for  sailing  without  papers, 
even  were  he  not  a  slaver,  he  admitted  that  she  was  on  a  slaving  voyage  ;  add 
ing,  that  had  he  not  fallen  in  with  the  Perry,  he  would,  during  the  night, 
have  shipped  eighteen  hundred  slaves,  and  before  daylight  in  the  morning 
been  clear  of  the  coast. 

Possession  was  immediately  taken  of  the  Martha,  her  crew  put  in  irons,  and 
both  American  and  Brazilian  captains,  together  with  three  or  four  cabin  pas 
sengers,  (probably  slave-agents,)  were  given  to  understand  that  they  would  be 
similarly  served,  in  case  of  the  slightest  evidence  of  insubordination.  The  ac 
counts  of  the  prize  crew  were  transferred,  the  vessel  provisioned,  and  in  twen 
ty-four  hours  after  her  capture,  the  vessels  exchanged  three  cheers,  and  the 
Martha  bore  away  for  New  York. 

She  was  condemned  in  the  U.  S.  District  Court.  The  captain  was  admitted 
to  bail  for  the  sum  of  five  thousand  dollars,  which  was  afterwards  reduced  to 
three  thousand :  he  then  escaped  justice  by  its  forfeiture.  The  American  mate 
was  sentenced  to  the  penitentiary  for  the  term  of  two  years ;  and  the  foreign 
ers,  who  had  been  sent  to  the  United  States  on  account  of  the  moral  effect,  be 
ing  regarded  as  beyond  our  jurisdiction,  were  discharged. 

The  writing-desk  thrown  overboard  from  the  Martha,  soon  after  she  was 
boarded,  contained  sundry  papers,  making  curious  revelations  of  the  agency  of 


348  THE  SLAVE  TRADE. 

some  American  citizens  engaged  in  the  slave-trade.  These  papers  implicated 
a  number  of  persons  who  are  little  suspected  of  ever  having  participated  in 
sneh  a  diabolical  traffic. 

After  parting  company  with  the  Martha,  the  Perry  proceeded  to  Loanda, 
and  found  English,  French,  and  Portuguese  men-of-war  in  port.  The  John 
Adams,  having  exhausted  her  provisions,  had  sailed  for  the  north  coast,  after 
having  had  the  good  fortune  to  capture  a  slaver.  The  British  commissioner 
called  aboard,  and  offered  his  congratulations  on  the  capture  of  the  Martha, 
remarking  that  she  was  the  largest  slaver  that  had  been  on  the  coast  for  many 
years  ;  and  the  effect  of  sending  all  hands  found  in  her  to  the  United  States, 
would  prove  a  severe  blow  to  the  iniquitous  traffic.  The  British  cruisers,  af 
ter  the  capture  of  a  vessel,  were  in  the  practice  of  landing  the  slave-crews,  ex 
cept  when  they  are  British  subjects,  at  some  point  on  the  coast.  This  is  be 
lieved  to  be  required  by  the  governments  with  which  Great  Britain  has  formed 
treaties. 

On  boarding  traders,  the  masters,  in  one  or  two  instances,  when  sailing  un 
der  a  foreign  flag,  had  requested  the  boarding-officer  to  search,  and,  after  as 
certaining  her  real  character,  to  indorse  the  register.  This  elicited  the  follow 
ing  order  to  the  boarding  officer  : 

"  If  a  vessel  hoists  the  American  flag ;  is  of  American  build ;  has  her  name 
and  place  of  ownership  in  the  United  States  registered  on  her  stern ;  or  if  she 
has  but  part  of  these  indications  of  American  nationality,  you  will,  on  board 
ing,  ask  for  her  papers,  which  papers  you  will  examine  and  retain,  if  she  ex 
cites  suspicion  of  being  a  slaver,  until  you  have  searched  sufficiently  to  satisfy 
yourself  of  her  real  character.  Should  the  vessel  be  American,  and  doubts 
exist  of  her  real  character,  you  will  bring  her  to  this  vessel ;  or,  if  it  can  be 
done  more  expeditiously,  you  will  dispatch  one  of  your  boats,  communicating 
such  information  as  will  enable  the  commander  to  give  specific  directions,  or  in 
person  to  visit  the  suspected  vessel. 

"  If  the  strange  vessel  be  a  foreigner,  you  will,  on  ascertaining  the  fact,  leave 
her ;  declining,  even  at  the  request  of  the  captain,  to  search  the  vessel,  or  to 
indorse  her  character,  as  it  must  always  be  borne  in  mind  that  our  government 
does  not  permit  the  detention  and  search  of  American  vessels  by  foreign  cruis 
ers  ;  and,  consequently,  is  scrupulous  in  observing  towards  the  vessels  of  other 
nations  the  same  line  of  conduct  which  she  exacts  from  foreign  cruisers  towards 
her  own  vessels." 

On  the  18th  of  August,  the  captain  of  an  English  cruiser  entered  Loanda 
with  his  boat,  leaving  the  vessel  outside,  bringing  the  information  that  a  sus 
pected  American  trader  was  at  Ambriz.  The  captain  stated  that  he  had 
boarded  her,  supposing  she  might  be  a  Brazilian,  but  on  ascertaining  her  na 
tionality,  had  left  her,  and  proceeded  to  Loanda  for  the  purpose  of  communi 
cating  what  had  transpired. 

On  receiving  this  information,  the  commodore  ordered  the  Perry  to  proceed 
to  Ambriz  and  search  the  vessel,  and  in  case  she  was  suspected  of  being  en 
gaged  in  the  slave-trade,  to  bring  her  to  Loanda.  In  the  meantime,  a  lieu 


AMERICAN  CRUISERS. 

tenant  who  was  about  leaving  the  squadron  as  bearer  of  dispatches  to  the  gov 
ernment,  volunteered  his  services  to  take  the  launch  and  proceed  immediately 
to  Ambriz,  as  the  Perry  had  sails  to  bend,  and  make  other  preparations  previ 
ous  to  leaving.  The  launch  was  dispatched,  and  in  five  hours  afterwards  the 
Perry  sailed.  Arriving  on  the  following  morning  within  twelve  miles  of  Am 
briz,  the  commander,  accompanied  by  the  purser  and  the  surgeon,  who  volun 
teered  their  services,  pulled  for  the  suspected  vessel,  which  proved  to  be  the 
American  brigantine  "  Chatsworth,"  of  Baltimore.  The  lieutenant,  with  his 
launch's  crew,  was  on  board.  He  had  secured  the  papers  and  commenced  the 
search.  After  taking  the  dimensions  of  the  vessel,  which  corresponded  to  those 
noted  in  the  register,  examining  and  comparing  the  cargo  with  the  manifest) 
scrutinizing  the  crew  list,  consular  certificate,  port  clearance,  and  other  papers 
on  board,  possession  was  taken  of  the  Chatsworth,  and  the  boarding  officer  di 
rected  to  proceed  with  her,  in  company  with  the  Perry,  to  Loanda. 

Both  vessels  having  arrived,  a  letter  to  the  following  purport  was  addressed 
to  the  commodore  :  "  One  hundred  bags  of  farina,  a  large  quantity  of  plank, 
sufficient  to  lay  a  slave-deck,  casks  and  barrels  of  spirits,  in  sufficient  quantity 
to  contain  water  for  a  large  slave-cargo,  jerked  beef,  and  other  articles,  were 
found  on  board  the  Chatsworth.  These  articles,  and  others  on  board,  corres 
ponded  generally  with  the  manifest,  which  paper  was  drawn  up  in  the  Portu 
guese  language.  A  paper  with  the  consular  seal,  authorizing  the  shipment  of 
the  crew,  all  foreigners,  was  also  made  out  in  the  Portuguese  language.  In 
the  register,  the  vessel  was  called  a  brig,  instead  of  a  brigantine.  A  letter  of 
instructions  from  the  reputed  owner,  a  citizen  of  Baltimore,  directed  the  Amer 
ican  captain  to  leave  the  vessel  whenever  he  should  be  directed  to  do  so  by  the 
Italian  supercargo.  These,  together  with  the  report  that  the  vessel  on  her  last 
voyage  had  shipped  a  cargo  of  slaves,  and  her  now  being  at  the  most  notori 
ous  slave-station  on  the  coast,  impressed  the  commander  of  the  Perry  so 
strongly  with  the  belief  that  the  Chatsworth  was  a  slaver,  that  he  considered 
it  his  duty  to  direct  the  boarding  officer  to  take  her  in  charge,  and  proceed  in 
company  with  the  Perry  to  Loanda,  that  the  case  might  undergo  a  more  criti 
cal  examination  by  the  commander-in-chief. " 

The  commodore,  after  visiting  the  Chatsworth  in  person,  although  morally 
certain  she  was  a  slaver,  yet  as  the  evidence  which  would  be  required  in  the 
United  States  courts  essential  to  her  condemnation,  was  wanting,  conceived  it 
to  be  his  duty  to  order  the  commander  of  the  Perry  to  surrender  the  charge  of 
that  vessel,  and  return  all  the  papers  to  her  master,  and  withdraw  his  guard 
from  her. 

The  Chatsworth  still  in  port,  and  suspected  of  the  intention  of  shipping  a 
cargo  of  slaves  at  Ambriz,  the  Perry  sailed,  the  day  on  which  her  orders  were 
received,  without  giving  any  intimation  as  to  her  cruising-ground.  When  out 
side  of  the  harbor,  the  vessel  was  hauled  on  a  wind  to  the  southward,  as  if 
bound  up  the  coast,  and  continued  beating  until  out  of  sight  of  the  vessels  in 
the  harbor.  She  was  then  kept  away  to  the  northward,  making  a  course  for 
Ambriz,  in  anticipation  of  the  Chatsworth's  soon  sailing  for  that  place. 


I 


350  THE  SLAVE  TRADE. 

The  cruising  with  the  English  men-of-war  was  resumed.  A  few  days 
after  leaving  Loanda,  when  trying  the  sailing  qualities  of  the  vessel  with  a 
British  cruiser,  a  sail  was  reported,  standing  down  the  land  towards  Ambriz. 
Chase  was  immediately  made,  and,  on  coming  within  gun-shot,  a  gun  was  fired 
to  bring  the  vessel  to.  She  was  then  boarded,  and  again  searched,  without 
finding  any  additional  proof  against  the  vessel's  character. 

On  returning  towards  Ambriz,  soon  after,  the  steamer  Cyclops,  with  another 
British  cruiser,  was  observed ;  and  also  the  Chatsworth,  with  an  American 
brigantine  lying  near  her.  A  boat  from  the  Cyclops,  with  an  English  officer, 
pulled  out  several  miles,  while  the  Perry  was  in  the  offing,  bringing  a  packet 
of  letters  and  papers  marked  as  usual,  "  On  Her  Britanic  Majesty's  Service." 
These  papers  were  accompanied  by  a  private  note  from  the  British  commander 
of  the  division,  expressing  great  regret  at  the  occurrence,  which  was  officially 
noticed  in  the  accompanying  papers,  and  the»  earnest  desire  to  repair  the 
wrong. 

The  official  papers  were  dated  September  the  ninth,  and  contained  state 
ments  relating  to  the  chasing,  boarding  and  detention  of  the  American  brig 
antine  Louisa  Beaton,  on  the  seventh  and  eighth  instant. 

The  particulars  of  the  seizure  of  the  vessel  were  given  in  a  letter  from  the 
commander  of  the  English  cruiser  Dolphin,  directed  to  the  British  commander 
of  the  division,  as  follows  :  "  I  have  the  honor  to  inform  you,  that  at  daylight 
on  the  7th  instant,  being  about  seventy  miles  off  the  land,  a  sail  was  observed 
on  the  lee  bow,  while  her  majesty's  brigantine,  under  my  command,  was  steer 
ing  to  the  eastward.  I  made  all  possible  sail  in  chase  :  the  chase  was  observed 
making  more  sail  and  keeping  away.  Owing  to  light  winds,  I  was  unable  to 
overtake  her  before  Oh.  30m.  a.  m.  When  close- to  her  and  no  sail  shortened, 
I  directed  a  signal  gun  to  be  fired  abeam,  and  hailed  the  chase  to  shorten  sail 
and  heave  to.  Chase  asserted  he  could  not,  and  requested  leave  to  pass  to 
leeward ;  saying,  if  we  wanted  to  board  him,  we  had  better  make  haste  about 
it,  and  that  'we  might  fire  and  be  damned.' 

"  I  directed  another  gun  to  be  fired  across  her  bows,  when  she  immediately 
shortened  sail  and  hove  to :  it  being  night,  no  colors  were  observed  flying 
on  board  the  chase,  nor  was  I  aware  of  her  character. 

"  I  was  proceeding  myself  to  board  her,  when  she  bore  up  again  with  the 
apparent  intention  of  escaping.  I  was  therefore  again  compelled  to  hoist 
the  boat  up  and  to  close  her  under  sail.  I  reached  the  chase  on  the  second 
attempt,  and  found  her  to  be  the  American  brig  Louisa  Beaton.  The  master 
produced  an  American  register,  with  a  transfer  of  masters ;  this  gave  rise  to 
a  doubt  of  the  authenticity  of  the  paper,  and  on  requesting  further  informa 
tion,  the  master  refused  to  give  me  any,  and  declined  showing  me  his  port 
clearance,  crew-list,  or  log-book. 

"  The  lieutenant  who  accompanied  me  identified  the  mate  as  having  been  in 
charge  of  the  slave-brig  Lucy  Ann,  captured  by  her  majesty's  steam-sloop 
Rattler.  Under  these  suspicious  circumstances,  I  considered  it  my  duty,  as 
the  Louisa  Beaton  was  bound  to  A  mbriz,  to  place  an  officer  and  crew  on  board 


AMERICAN   CRUISERS.  351 

of  her,  so  as  to  confer  with  an  American  officer,  or  yourself,  before  allowing 
her,  if  a  legal  trader,  to  proceed  on  her  voyage." 

The  British  commander  of  the  division,  in  his  letter,  stated,  that  immediate 
ly  on  the  arrival  of  the  vessels,  he  proceeded  with  the  commander  of  the  Dol 
phin  and  the  lieutenant  of  the  Rattler  to  the  brigantine  Louisa  Beaton.  Her 
master  then  presented  the  register,  and  also  the  transfer  of  masters  made  in 
Rio,  but  refused  to  show  any  other  documents. 

On  examining  the  register,  and  having  met  the  vessel  before  on  that  coast, 
he  decided  that  the  Louisa  Beaton's  nationality  was  perfect ;  but  that  the  con 
duct  pursued  by  her  master,  in  withholding  documents  that  should  have  been 
produced  on  boarding,  had  led  to  the  unfortunate  detention  of  the  vessel. 

The  British  commander  further  stated,  that  he  informed  the  master  of  the 
Louisa  Beaton  that  he  would  immediately  order  his  vessel  to  be  released,  and 
that  on  falling  in  with  the  commander  of  the  Perry,  all  due  inquiry  into  tne 
matter  for  his  satisfaction  should  be  made  ;  but  that  the  master  positively  re 
fused  to  take  charge  again,  stating  that  he  would  immediately  abandon  the 
vessel  on  the  Dolphin's  crew  quitting  her ;  and,  further,  requested  that  the 
vessel  might  be  brought  before  the  American  commander. 

That,  as  much  valuable  property  might  be  sacrificed  should  the  master  carry 
his  threat  into  execution,  he  proceeded  in  search  of  the  Perry,  that  the  case 
might  be  brought  under  consideration  while  the  Dolphin  was  present ;  and  on 
arriving  at  Ambriz,  the  cutter  of  the  Perry  was  found  in  charge  of  one  of  her 
officers. 

On  the  following  morning,  as  he  stated,  accompanied  by  the  officer  in  charge 
of  the  Perry's  cutter,  and  the  commander  of  the  Dolphin,  he  proceeded  to  the 
Louisa  Beaton,  and  informed  her  master  that  the  detention  of  his  vessel  arose 
from  the  refusal,  on  his  part,  to  show  the  proper  documents  to  the  boarding- 
officer,  authorizing  him  to  navigate  the  vessel  in  those  seas ;  and  from  his  mate 
having  been  identified  by  one  of  the  Dolphin's  officers  as  having  been  captured 
in  charge  of  a  vessel  having  on  board  five  hundred  and  forty-seven  slaves, 
which  attempted  to  evade  search  and  capture  by  displaying  the  American  en 
sign  ;  as  well  as  from  his  own  suspicious  manoeuvering  in  the  chase.  But  as  he 
was  persuaded  that  the  Louisa  Beaton  was  an  American  vessel,  and  her  papers 
good,  although  a  most  important  document  was  wanting,  namely,  the  sea-let 
ter,  usually  given  by  consular  officers  to  legal  traders  after  the  transfer  of 
masters,  he  should  direct  the  commander  of  the  Dolphin  to  resign  the  charge 
of  the  Louisa  Beaton,  which  was  accordingly  done  ;  and,  that  on  meeting  the 
commander  of  the  Perry,  he  would  lay  the  case  before  him ;  and  was  ready, 
if  he  demanded  it,  to  give  any  remuneration  or  satisfaction,  on  the  part  of  the 
commander  of  the  Dolphin,  for  the  unfortunate  detention  of  the  Louisa  Bea 
ton,  whether  engaged  in  legal  or  illegal  trade,  that  the  master  might  in  fair 
ness  demand,  and  the  commander  of  the  Perry  approve. 

After  expressing  g^  o  regret  at  the  occurrence,  the  British  commander 
stated  that  he  was  r  Bested  by  the  captain  of  the  Dolphin  to  assure  the  com 
mander  of  the  PC  ry,  that  no  disrespect  was  intended  to  the  flag  of  the  United 


352  THE  SLAVE  TRADE. 

States,  or  even  interference,  on  his  part,  with  traders  of  America,  be  they  le 
gal  or  illegal ;  but  the  stubbornness  of  the  master,  and  the  identifying  of  one 
of  his  mates  as  having  been  captured  in  a  Brazilian  vessel,  trying  to  evade  de 
tection  by  the  display  of  the  American  flag,  had  led  to  the  mistake. 

A  postscript  to  the  letter  added,  "  I  beg  to  state  that  the  hatches  of  the 
Louisa  Beaton  have  not  been  opened,  nor  the  vessel  or  crew  in  any  way  ex 
amined." 

On  the  Perry's  reaching  the  anchorage,  the  Louisa  Beaton  was  examined. 
The  affidavit  of  the  master,  which  differs  not  materially  from  the  statements  of 
the  British  officers,  was  taken.  A  letter  by  the  commander  of  the  Perry  was 
then  addressed  to  the  British  officer,  stating  that  he  had  in  person  visited  the 
Louisa  Beaton,  conferred  with  her  master,  taken  his  affidavit,  examined  her 
papers,  and  found  her  to  be  in  all  respects  a  legal  American  trader.  That  the 
sea-letter,  which  had  been  referred  to,  as  being  usually  given  by  consular  offi 
cers,  was  only  required  when  the  vessel  changes  owners,  and  not,  as  in  the 
present  case,  on  the  appointment  of  a  new  master.  The  paper  given  by  the 
consul  authorizing  the  appointment  of  the  present  master,  was,  with  the  re 
mainder  of  the  vessel's  papers,  strictly  in  form. 

The  commander  also  stated  that  he  respectfully  declined  being  a  party  con 
cerned  in  any  arrangement  of  a  pecuniary  nature,  as  satisfaction  to  the  master 
of  the  Louisa  Beaton,  for  the  detention  and  seizure  of  his  vessel,  and  if  such 
arrangement  was  made  between  the  British  officers  and  the  master  of  the  Louisa 
Beaton,  it  would  be  his  duty  to  give  the  information  to  his  government. 

The  commander  added,  that  the  government  of  the  United  States  did  not 
acknowledge  a  right  in  any  other  nation  to  visit  and  detain  the  vessels  of 
American  citizens  engaged  in  commerce  :  that  whenever  a  foreign  cruiser 
should  venture  to  board  a  vessel  under  the  flag  of  the  United  States,  she  would 
do  it  upon  her  own  responsibility  for  all  consequences :  that  if  the  vessel  so 
boarded  should  prove  to  be  American,  the  injured  party  would  be  left  to  such 
redress,  either  in  the  tribunals  of  England,  or  by  an  appeal  to  his  own  country, 
as  the  nature  of  the  case  might  require. 

He  also  stated  that  he  had  carefully  considered  all  the  points  in  the  several 
communications  which  the  commander  of  the  British  division  had  sent  him,  in 
relation  to  the  seizure  of  the  Louisa  Beaton,  and  he  must  unqualifiedly  pro 
nounce  the  seizure  and  detention  of  that  vessel  wholly  unauthorized  by  the 
circumstances,  and  contrary  both  to  the  letter  and  the  spirit  of  the  eighth  article 
of  the  treaty  of  Washington ;  and  that  it  became  his  duty  to  make  a  full 
report  of  the  case,  accompanied  with  the  communications  which  the  British 
commander  had  forwarded,  together  with  the  affidavit  of  the  master  of  the 
Louisa  Beaton,  to  the  government  of  the  United  States. 

This  letter  closed  the  correspondence. 

The  British  commander-in-chief  then  accompanied  the  commander  of  the 
Perry  to  the  Louisa  Beaton,  and  there  wholly  disavowed  the  act  of  the  com 
mander  of  the  Dolphin,  stating,  in  the  name  of  that  officer,  that  he  begged 


** 


AMERICAN  CHUIS::RS.  353 

pardon  of  the  master,  and  that  he  would  do  anything  in  his  power  to  repair 
the  wrong;  adding,  "I  could  say  no  more,  if  I  had  knocked  you  down." 

The  Louisa  Beaton  was  then  delivered  over  to  the  charge  of  her  own  master, 
and  the  officer  of  the  cutter  took  his  station  alongside  of  the  Chatsworth. 

On  the  llth  of  September  this  brigantine  was  seized  as  a  slaver.  During 
the  correspondence  with  the  British  officers  in  relation  to  the  Louisa  Beaton, 
an  order  was  given  to  the  officer  of  the  cutter  to  prevent  the  Chatsworth  from 
landing  the  remaining  part  of  her  cargo.  The  master  immediately  called  in 
board  the  Perry  with  the  complaint  that  his  vessel  had  been  seized  on  a  for 
mer  occasion,  and  afterwards  released  by  the  commodore,  with  the  indorsement 
of  her  nationality  on  the  log-book.  Since  then  she  had  been  repeatedly 
searched,  and  now  was  prevented  from  disposing  of  her  cargo ;  he  wished, 
therefore,  that  a  definite  decision  might  be  made.  A  decision  was  made  by  the 
instant  seizure  of  the  vessel. 

Information  from  the  master  of  the  Louisa  Beaton,  that  the  owner  of  the 
Chatsworth  had  in  Rio  acknowledged  to  him  that  the  vessel  had  shipped  a 
cargo  of  slaves  on  her  last  voyage,  and  was  then  proceeding  to  the  coast  for  a 
similar  purpose — superadded  to  her  suspicious  movements,  and  the  importance 
of  breaking  up  this  line  of  ostensible  traders,  but  real  slavers,  running  between 
the  coasts  of  Brazil  and  Africa — were  the  reasons  leading  to  this  decision. 

On  announcing  the  decision  to  the  master  of  the  Chatsworth,  a  prize  crew 
was  immediately  sent  on  board  and  took  charge  of  the  vessel.  The  master  and 
supercargo  then  drew  up  a  protest  challenging  the  act  as  Illegal,  and  claiming 
the  sum  of  fifteen  thousand  dollars  for  damages.  The  supercargo,  on  present 
ing  this  protest,  remarked  that  the  United  States  Court  would  certainly  release 
the  vessel ;  and  the  procure*  of  the  owner,  with  other  parties  interested,  would 
then  look  to  the  captor  for  the  amount  of  damages  awarded.  The  commander 
replied,  that  he  fully  appreciated  the  pecuniary  responsibility  attached  to  this 
proceeding. 

The  master  of  the  Louisa  Beaton,  soon  after  the  supercargo  of  the  Chats- 
worth  had  presented  the  protest,  went  on  shore  for  the  purpose  of  having  an 
interview  with  him,  and  not  coming  off  at  the  time  specified,  apprehensions 
were  entertained  that  the  slave-factors  had  revenged  themselves  for  his  addi 
tional  information — leading  to  the  seizure  of  the  Chatsworth.  At  nine  o'clock 
in  the  evening,  three  boats  were  manned  and  armed,  containing  thirty  officers 
and  men — leaving  the  Perry  in  charge  of  one  of  the  lieutenants.  When  two 
of  the  boats  had  left  the  vessel,  and  the  third  was  in  readiness  to  follow,  the 
master  of  the  Louisa  Beaton  made  his  appearance,  stating  that  his  reception 
on  shore  had  been  anything  but  pacific.  Had  the  apprehensions  entertained 
proved  correct,  it  was  the  intention  to  have  landed  and  taken  possession  of  the 
town  ;  and  then  to  have  marched  out  to  the  barracoons,  liberated  the  slaves, 
and  made,  at  least  for  the  time  being,  "  free  soil  "  of  that  section  of  country. 

In  a  letter  to  the  commodore,  dated  September  14th,  information  was  given 
to  the  following  purport : 

"  Inclosed  are  affidavits,  with  other  papers  and  letters,  in  rc'rtion  to  the 
23 


354  THE  SLAVE  TRADE. 

seizure  of  the  American  brigantine  Chatsworth.  This  lias  been  an  exceedingly 
complicated  case,  as  relating  to  a  slaver  with  two  sets  of  papers,  passing  alter 
nately  under  different  nationalities,  eluding  detection  from  papers  being  in 
form,  and  trading  with  an  assorted  cargo. 

"  The  Chatsworth  has  been  twice  boarded  and  searched  by  the  commander, 
and  on  leaving  for  a  short  cruise  off  Ambrizette,  a  boat  was  dispatched  with 
orders  to  watch  her  movements  during  the  absence  of  the  Perry.  On  return 
ing  from  Ambrizette,  additional  evidence  of  her  being  a  slaver  was  procured. 
Since  then  the  affidavits  of  the  master  of  the  Chatsworth  and  the  mate  of  the 
Louisa  Beaton  have  been  obtained,  leading  to  further  developments,  until  the 
guilt  of  the  vessel,  as  will  be  seen  by  the  accompanying  papers,  is  placed  be 
yond  all  question." 

The  Italian  supercargo,  having  landed  most  of  the  cargo,  and  his  business 
being  in  a  state  requiring  his  presence,  was  permitted  to  go  on  shore,  with  the 
assurance  that  he  would  return  when  a  signal  was  made.  He  afterwards  came 
within  hail  of  the  Chatsworth,  and  finding  that  such  strong  proofs  against  the 
vessel  were  obtained,  he  declined  going  on  board,  acknowledging  to  the  master 
of  the  Louisa  Beaton  that  he  had  brought  over  Brazilian  papers. 

The  crew  of  the  Chatsworth  being  foreigners,  and  not  wishing  to  be  sent  to 
the  United  States,  were  landed  at  Ambriz,  where  it  was  reported  that  the  bar- 
racoons  contained  four  thousand  slaves,  ready  for  shipment ;  and  where,  it  was 
said,  the  capture  of  the  Chatsworth,  as  far  as  the  American  flag  was  concerned, 
would  give  a  severe  and  unexpected  blow  to  the  slave-trade. 

After  several  unsuccessful  attempts  to  induce  the  supercargo  of  the  Chats- 
worth  to  come  off  to  that  vessel,  a  note  in  French  was  received  from  him,  stat 
ing  that  he  was  "  an  Italian,  and  as  such  could  not  be  owner  of  the  American 
brig  Chatsworth,  which  had  been  seized,  it  is  true,  but  unjustly,  and  against 
the  laws  of  all  civilized  nations.  That  the  owner  of  the  said  brig  would  know 
how  to  defend  his  property,  and  in  case  the  judgment  should  not  prove  favor 
able,  the  one  who  had  been  the  cause  of  it  would  always  bear  the  remorse  of 
having  ruined  his  countryman." 

After  making  the  necessary  preliminary  arrangements,  the  master,  with  a 
midshipman  aud  ten  men,  was  placed  in  charge  of  the  Chatsworth ;  and  on  the 
14th  of  September,  the  following  order  was  sent  to  the  commanding  officer  of 
the  prize  :  "You  will  proceed  to  Baltimore,  and  there  report  yourself  to  the 
commander  of  the  naval  station,  and  to  the  Secretary  of  the  Navy.  You  will 
be  prepared,  on  your  arrival,  to  deliver  up  the  vessel  to  the  United  States 
marshal,  the  papers  to  the  judge  of  the  United  States  District  Court,  aud  be 
ready  to  act  in  the  case  of  the  Chatsworth  as  your  orders  and  circumstances 
may  require." 

After  a  protracted  trial,  the  Chatsworth  was  at  length  condemned  as  a  slaver, 
in  the  U.  S.  District  Court  of  Maryland. 

After  a  trip  to  St.  Helena  and  the  Cape  de  Verds,  the  Perry  again  pro 
ceeded  to  the  south  coast.  She  anchored  in  Loango,  and  the  commander  ad 
dressed  a  letter  to  the  British  commodore,  April  4,  1851,  asking  whether  any 


EFFICIENCY  OF  THE  SQUADRONS.  355 

suspected  vessels  had  been  seen  on  the  south  coast ;  also  requesting  his  views 
of  the  present  state  of  the  slave-trade  on  the  coast.  In  reply,  the  commodore 
writes : 

"  On  the  second  subject,  my  view  of  the  present  state  of  the  slave-trade  on 
the  south  coast :  It  is  formed  on  my  own  observations  of  the  line  of  coast  from 
Cape  St.  Paul's  to  this  port,  and  from  the  reports  which  I  have  received  from 
the  captains  of  the  divisions,  and  the  commanders  of  the  cruisers  under  my  or 
ders,  as  well  as  from  other  well-informed  persons  on  whom  I  can  rely,  that  it 
has  never  been  in  a  more  depressed  state,  a  state  almost  amounting  to  suppres 
sion  ;  and  that  this  arises  from  the  active  exertions  of  her  majesty's  squadron 
on  both  sides  of  the  Atlantic,  and  the  cordial  cooperation  which  has  been  es 
tablished  between  the  cruisers  of  Great  Britain  and  the  United  States  on  this 
coast,  to  carry  out  the  intention  of  the  Washington  treaty ;  and  latterly  from 
the  new  measures  of  the  Brazilian  government. 

"  Factories  have  been  broken  up  at  Lagos,  in  the  Congo,  and  at  Ambriz  ; 
although  of  this  I  need  hardly  speak,  because  your  owji  observation  during  the 
past  year  must  satisfy  you  of  the  present  state  of  depression  there. 

"  The  commencement  of  last  year  was  marked  by  an  unusual  number  of  cap 
tures  by  her  majesty's  cruisers,  both  in  the  bights  and  on  the  south  coast,  and 
also  by  those  by  the  cruisers  of  the  United  States.  This  year,  the  capture  of 
only  one  vessel  equipped  in  the  bights,  and  one  with  slaves  (a  transferred  Sar 
dinian,)  on  the  south  coast,  have  been  reported  to  me — a  striking  proof  of  my 
view. 

"  The  desperate  measures  also  adopted  by  the  slave-dealers  in  the  last  few 
months  to  get  rid  of  their  slaves  by  the  employment  of  small  vessels,  formerly 
engaged  in  the  legal  and  coasting  trade,  as  marked  by  the  capture  of  several 
(named)  slavers,  prove  the  difficulty  to  which  they  have  been  driven. 

"  The  barracoons,  however,  along  the  whole  line  of  coast,  are  still  reported 
to  me  to  contain  a  great  number  of  slaves,  to  ship  whom,  I  have  little  doubt 
further  attempts  will  be  made. 

"  Most  satisfactory,  on  the  whole,  as  this  state  of  things  may  be  considered, 
still  I  hope  it  will  not  lead  to  any  immediate  relaxation  either  of  our  efforts  or 
of  our  cooperation  ;  but  that  a  vigilance  will  be  observed  for  a  time  sufficient 
to  enable  a  legal  trade  to  replace  the  uprooted  slave-traffic,  and  to  disperse 
the  machinery  (I  may  say)  of  the  merchants  connected  with  it,  and  prevent 
any  resumption  of  it  by  them." 

In  answer  to  the  charge  frequently  made  that  the  American  squadron  had 
been  unsuccessful  in  their  efforts  to  prevent  the  slave-trade,  commander  Foote 
replies  that  "  it  has  been  shown  that  the  African  squadrons,  instead  of  being 
useless,  have  rendered  essential  service.  For  much  as  colonization  has  ac 
complished,  and  effectual  as  Liberia  is  in  suppressing  the  slave-traffic  within 
her  own  jurisdiction,  these  means  and  these  results  have  been  established  and 
secured  by  the  presence  and  protection  of  the  naval  squadrons  of  Great  Brit 
ain,  France,  and  the  United  States.  And  had  no  such  assistance  been  ren 
dered,  the  entire  coast,  where  we  now  see  legal  trade  and  advancing  civiliza- 


356  -'.fl     THE  SLAVE  TRADE. 

tion,  would  have  been  at  this  day,  in  spite  of  any  efforts  to  colonize,  or  to  es 
tablish  legal  commerce,  the  scene  of  unchecked,  lawless  slave-trade  piracy. 

"  Strange  and  frightful  maladies  have  been  engendered  by  the  cruelties  per 
petrated  within  the  hold  of  a  slaver.  If  any  disease  affecting  the  human  con 
stitution  were  brought  there,  we  may  be  sure  that  it  would  be  nursed  into  mor 
tal  vigor  in  these  receptacles  of  filth,  corruption  and  despair.  Crews  have 
been  known  to  die  by  the  fruit  of  their  own  crime,  and  leave  ships  almost  help 
less.  They  have  carried  the  scourge  with  them.  The  coast  fever  of  Africa, 
bad  enough  where  it  has  its  birth,  came  in  these  vessels,  and  has  assumed  per 
haps  a  permanent  abode  in  the  western  regions  of  the  world.  No  fairer  sky 
or  healthier  climate  were  there  on  earth,  than  in  the  beautiful  bay,  and  amid 
the  grand  and  picturesque  scenery  of  Rio  de  Janeiro,  in  Brazil.  But  it  be 
came  a  haunt  of  slavers,  and  the  dead  of  Africa  floated  on  the  glittering  wa 
ters,  and  were  tumbled  upon  the  sands  of  its  harbor.  The  shipping  found,  in 
the  hot  summer  of  1849,  that  death  had  come  with  the  slavers.  Thirty  or  forty 
vessels  were  lying  idly  at  their  anchors,  for  their  crews  had  mostly  perished 
The  pestilence  swept  along  the  coast  of  that  empire  with  fearful  malignity. 

"  Cuba  for  the  same  crime  met  the  same  retribution.  Cargoes  of  slaves 
were  landed  to  die,  and  brought  the  source  of  their  mortality  ashore,  vigorous 
and  deadly.  The  fever  settled  there  in  the  beginning  of  1853,  and  came  to 
our  country,  as  summer  approached,  in  merchant  vessels  from  the  West  Indies. 
At  New  Orleans,  Mobile,  and  other  places  it  spread  desolation,  over  which  the 
country  mourned.  Let  it  be  remembered  that  it  is  never  even  safe  to  disre 
gard  crime. 

"  Civilized  governments  are  now  very  generally  united  in  measures  for  the 
suppression  of  the  slave-trade.  The  coast  of  Africa  itself  is  rapidly  closing 
against  it.  The  American  and  English  colonies  secure  a  vast  extent  of  sea- 
coast  against  its  revival.  Christian  missions,  at  many  points,  are  inculcating 
the  doctrines  of  divine  truth,  which,  by  its  power  upon  the  hearts  of  men,  is 
the  antagonist  of  such  cruel  unrighteousness. 

"  The  increase  of  commerce,  and  the  advance  of  Christian  civilization,  will 
undoubtedly,  at  no  distant  date,  render  a  naval  force  for  the  suppression  of 
the  African  slave-trade  unnecessary ;  but  no  power  having  extensive  commerce 
ought  ever  to  overlook  the  necessity  of  a  naval  force  on  that  coast.  The  Sec 
retary  of  the  Navy,  it  is  to  be  hoped,  has,  in  his  recent  report,  settled  the 
question  as  to  the  continuance  of  the  African  squadron. 

"  The  increasing  influence  of  Liberia  and  Cape  Palmas  will  prove  a  power 
ful  protection  everywhere.  With  them  Sierra  Leone  will  unite  in  feeling  and 
purposes.  Their  policy  will  always  be  the  same.  It  must  necessarily  happen 
that  a  close  political  relationship  in  interests  and  feelings  will  unite  them  all 
in  one  system  of  action.  Their  policy  will  be  that  of  uncompromising  hostil 
ity  to  the  slave-trade." 

The  pestilence  which  swept  the  coast  of  Brazil  in  1849,  had  its  effect  in  in 
ducing  the  government  to  adopt  more  vigorous  efforts  to  put  down  the  slave- 
trade.  In  September,  1850,  a  law  was  passed  declaring  the  slave-trade  piracy, 


BRAZIL.  357 

and  several  vessels  were  afterwards  captured  by  the  Brazilian  men-of-war.  Ac 
cording  to  a  report  of  the  Brazilian  government,  there  were  60,000  slaves  im 
ported  from  Africa  in  1848,  54,000  in  1849.  In  1851,  the  number  had  been 
reduced  to  3,287,  of  which  1,006  were  captured  by  a  Brazilian  cruiser ;  and 
in  1852  but  one  slave  vessel  is  known  to  have-landed  on  the  coast. 

Cuba  is  still  the  great  mart  of  the  slave-trade,  as  appears  by  the  occasional 
capture  of  slavers  bound  for  that  island.  Witness  the  statements  of  the  cap 
tain  of  a  captured  vessel,  as  given  in  the  following  letter,  dated  Jamaica,  April 
23,  1851 :  "  The  newspapers  which  I  send  you  will  inform  you  of  the  slaver 
captured  by  the  Arab  off  the  coast  of  Cuba.  On  the  day  of  her  arrival,  after 
the  landing  of  her  wretched  cargo,  I  paid  a  visit  to  the  vessel,  and  thus  wit 
nessed  the  horrible  manner  in  which  the  negroes  had  been  stowed.  The  slave 
deck  was  exactly  two  feet  six  inches  in  height,  in  a  vessel  of  one  hundred  and 
fifty  tons,  and  water  casks  were  stowed  beneath.  Is  it  any  wonder  that  out  of 
five  hundred  human  beings,  one  hundred  and  thirty-eight,  including  those  the 
brutal  captain  shot,  should  have  died  in  a  passage  of  fifty-three  days  from  Af 
rica  ?  Forty  died  in  one  day  between  Cuba  and  St.  Ann's  Bay,  on  this  island, 
showing  at  what  fearful  rate  the  mortality  was  increasing.  When  captured, 
they  had  but  one  biscuit  to  each  person  on  board. 

"  The  captain  states  that  he  has  run  nine  successful  cargoes,  and  been  cap 
tured  six  times,  and  that  he  has  lost  £6,000  by  this  trip,  but  he  does  not  mind 
it,  as,  if  he  had  succeeded  in  landing  the  cargo,  he  would  have  received  £31,000 
for  the  adventure.  What  mercantile  speculation  can  compete  with  this  hellish 
traffic  ?  and  is  it  any  wonder  that  Spain  has  been  cursed  beyond  all  the  nations 
upon  the  earth  ? 

"  On  landing  at  Fort  Augusta,  where  the  slaves  are  kept  until  they  recruit, 
I  never  saw  such  a  picture  of  woe.  In  a  large  room,  nearly  twice  the  size  of 
the  slaver,  were  three  hundred  and  twenty-two  young  men  and  boys,  and  in  an 
adjoining  one  more  than  forty  women  and  girls,  all  naked  living  spectres,  with 
wasted  limbs,  and  thighs  about  the  circumference  of  a  large  walking-stick — in 
fact,  mere  skin  and  bone,  eaten  up  with  scurvy  and  the  itch.  Yet,  strange  to 
say,  on  a  black  soldier  informing  them  that  they  were  free,  their  eyes  danced 
with  delight,  and  with  feeble  strength  they  clapped  their  emaciated  hands  and 
shouted  for  joy.  When  their  food  was  distributed,  the  whip  had  of  necessity 
to  be  used,  to  save  the  weakest  from  being  crushed  to  death  in  the  scramble,  so 
ravenously  hungry  were  they. 

"  Although  the  room  in  which  they  were  placed  is  so  much  larger  than  the, 
vessel,  I  could  scarcely  walk  amongst  them,  as  they  occupied  the  whole  space, 
and  ii  seems  impossible  that  they  could  have  been  packed  in  the  slave  deck. 
It  is  stated  that  each  individual  had  to  sit  down  with  wide  extended  legs,  and 
another  was  then  stowed  in,  and  so  on  until  the  vessel  was  full ;  and  thus  they 
remained,  with  the  rare  exception  of  being  aired  in  detachments,  for  the  space 
of  fifty-four  days." 


358  LIBERIA  AND  SIERRA  LEONE. 


CHAPTER     XX. 

HISTORICAL  SKETCH  OF  SIERRA  LEONE  AND  LIBERIA. 

Colony  of  Sierra  Leone  founded  by  the  English,  1787. — Free  negroes  colonized. — Present 
extent  and  condition  of  the  colony. — Establishment  of  English  factories  on  the  slave 
coast. — Treaties  with  the  African  chiefs. — Scheme  of  African  Colonization  agitated  in 
1783 — by  Jefferson  and  others. — Movements  in  Va.,  in  1800  and  1805. — Formation  of 
the  American  Colonization  Society  in  1816. — Its  object  "  to  colonize  the  free  people  of 
color." — Cape  Mesurado  purchased  and  colonized  in  1821. — Defense  of  the  infant  set 
tlement  from  an  attack  by  the  natives. — Mortality  among  the  early  settlers. — Increase 
of  the  colony  in  1835. — State  colonization  societies  establish  settlements. — Consolida 
tion  of  the  state  colonies,  and  establishment  of  the  Commonwealth. — Governor  Bu 
chanan's  efforts  to  suppress  the  slave-trade. — His  death,  1841. — Republic  of  Liberia 
established  1847. — Joseph  J.  Roberts  (colored)  first  President. — Its  independence  ac 
knowledged  by  European  powers. — The  Republic  attacks  the  slave  establishments. — 
Natural  resources  of  Liberia — its  climate,  soil,  productions,  exports,  schools,  churches, 
&c. — Settlements  and  population. — The  Maryland  settlement  at  Cape  Palmas. 


I 


N  connection  with  the  subject  of  the  slave-trade,  the  English  and  American 
colonies  deserve  notice.  Sierra  Leone  was  founded  by  the  English,  May  9th, 
1787,  as  a  colony  for  free  negroes.  At  the  close  of  the  American  war,  several 
Hundred  were  discharged  from  the  army  and  navy,  and  were  wandering  about 
in  a  desolate  condition.  There  were  others  who  had  gained  their  freedom  un 
der  the  decision  of  Lord  Mansfield.  Granville  Sharp  had  noticed  the  condi 
tion  of  these  negroes  in  the  streets  of  London,  and  formed  the  plan  of  trans 
porting  them  to  Africa.  He  obtained  the  aid  of  government,  and  in  the  year 
mentioned  about  four  hundred  were  landed  upon  a  district  purchased  of  the 
king  of  Sierra  Leone.  In  1792,  about  twelve  hundred  more  were  landed 
from  Nova  Scotia  These  last  were  those  who  had  been  seduced  from  their 
masters  in  the  States  during  the  revolutionary  war.  Some  five  hundred  Ma 
roons  from  Jamaica,  were  also  sent  to  the  colony  a  few  years  afterwards. 
In  1807,  the  colony  was  surrendered  to  the  crown.  After  the  employment  of 
British  cruisers  on  the  coast  to  suppress  the  slave-trade,  the  vessels  which  were 
captured  were  taken  to  the  colony  and  the  slaves  liberated.  They  were  pro 
vided  with  a  daily  allowance  for  the  first  six  months,  after  which  lands  were 
assigned  them. 

The  colony  at  the  present  time  comprises  about  25,000  square  miles.  The 
soil  is  very  fertile,  growing  excellent  crops  of  rice,  Indian  corn,  yams,  plan 
tains  and  cassadas.  Many  of  the  West  India  products  have  been  introduced, 
and  sugar,  coffee,  indigo,  ginger  and  cotton  thrive  well.  The  principal  fruits 
are  the  coCoa,  banana,  pine-apples,  orange,  lime,  guava,  pomegranate  and 
plum.  The  annual  exports,  chiefly  to  Great  Britain,  amount  to  about  $500,000. 
Its  population,  chiefly  of  native  Africans,  is  being  brought  under  the  influence 
of  religious  education,  and  thus  fitted  to  become  an  important  lever  in  pro 
moting  the  civilization  of  their  native  regions. 

For  a  distance  of  twelve  hundred  miles  along  the  coast  from  Cape  Palmas 


COLONIZATION.  359 

So  the  (Gaboon,  English  factories  and  agents  are  established,  for  commercial 
purposes  and  for  the  suppression  of  the  slave-trade.  These  establishments  are 
supported  by  the  government ;  and  its  authorized  commissioners  enter  into  ne 
gotiations  with  the  powerful  chiefs  cf  the  interior  on  the  subject  of  the  slave- 
trade.  The  Danish  ports  on  the  coast  have  recently  been  sold  to  the  English. 
A  treaty  has  been  formed  with  the  powerful  king  of  Dahomey,  whose  chief 
revenue  was  derived  from  incursions  against  his  neighbors  and  seizing  and 
selling  them  to  the  slavers.  He  had  kept  an  army  of  men  and  women  trained 
for  the  purpose,  and  his  victims  numbered  about  nine  thousand  annually.  An 
annual  stipend  from  England  supplies  the  deficiency  in  his  revenue,  and  the 
trade  is  abolished  in  his  dominions.  Human  sacrifices  have  also  been  to  a 
great  extent  abolished  in  the  two  great  states  of  Dahomey  and  Ashantee,  and 
both  are  opened  to  missionary  influences. 

The  scheme  of  colonizing  the  free  people  of  color  was  agitated  in  the  United 
States  shortly  after  the  close  of  the  revolutionary  war.  Dr.  Thornton,  of  Wash 
ington,  in  1783,  suggested  the  establishment  of  a  colony  in  Africa.  Mr.  Jef 
ferson,  as  secretary  of  state,  made  an  application  to  the  Sierra  Leone  com 
pany,  but  without  success.  The  Portuguese  government  was  sounded  for  the 
acquisition  of  territory  in  South  America  for  the  purpose.  The  legislature  of 
Virginia,  in  1800, 1805,  and  1816  discussed  the  subject.  The  Rev.  Dr.  Finley, 
of  New  Jersey,  matured  a  plan  for  the  purpose,  and  proceeded  to  Washington. 
On  the  25th  of  December,  1816,  a  meeting  was  called,  over  which  Henry  Clay 
presided,  and  Andrew  Jackson,  William  H.  Crawford,  Dr.  Finley  and  others 
were  elected  vice-presidents.  The  American  Colonization  Society  was  formed. 
"  Its  objects  is,  to  promote  and  execute  a  plan  for  colonizing,  with  their  con 
sent,  the  free  people  of  color  residing  in  our  country,  either  in  Africa,  or  such 
other  places  as  Congress  shall  deem  expedient ;  "  to  prepare  the  way  for  the 
interference  of  the  government  by  proving  that  a  colony  can  be  established 
and  maintained  without  the  opposition  of  the  natives,  that  an  important  com 
merce  might  be  thus  established,  and  the  slave-trade  in  consequence  discour 
aged.  The  gradual  emancipation  of  slaves,  as  favored  by  Jefferson  and  others 
in  earlier  days,  was  discussed.  The  work  of  forming  an  African  nation  in 
Africa,  with  republican  institutions  and  Christian  influences,  was  commenced. 

In  1817,  two  agents  were  sent  by  the  society  to  examine  the  western  coast 
for  a  suitable  place  for  a  colony.  They  selected  the  island  of  Sherboro,  about 
sixty  miles  S.  S.  E.  from  Sierra  Leone,  and  then  sailed  for  the  United  States. 
Mr.  Mills,  one  of  the  agents,  died  on  the  passage. 

On  the  3d  of  March,  1819,  Congress  passed  an  act  by  which  the  President 
was  authorized  to  restore  to  their  own  country  any  Africans  captured  from 
American  or  foreign  vessels  attempting  to  introduce  them  into  the  United 
States  ;  and  to  provide,  by  the  establishment  of  a  suitable  government  agency 
on  the  coast,  for  their  subsistence  and  comfort.  It  was  determined  to  make 
the  site  of  the  government  agency,  that  of  the  colonial  also,  and  to  incorporate 
into  the  settlement  all  the  Africans  delivered  by  our  men-of-war  to  the  gov 
ernment  agent. 


360  LIBERIA. 

Rev.  Samuel  Bacon  was  appointed  both  government  and  colonial  agent ; 
two  society's  agents  were  associated  with  him.  In  February,  1820,  they  sailed 
for  the  coast  of  Africa,  accompanied  by  eighty  emigrants.  They  found  Sher- 
boro  an  unhealthy  spot ;  the  fever  made  its  appearance  among  them,  and 
about  twenty  died,  including  Mr.  Bacon.  Lieutenant  Townsend,  of  the  sloop- 
of-war  Cyane,  which  accompanied  the  emigrant  vessel,  also  died  of  the  fever. 
After  this  disastrous  attempt,  Sherboro  was  abandoned,  and  the  emigrants 
removed  to  Sierra  Leone. 

In  1821,  Cape  Mesurado,  with  a  large  tract  of  country,  was  purchased  of 
the  native  chiefs.  Mr.  Jehudi  Ashmun  took  charge  of  the  colony  in  1822, 
previous  to  which  forty  more  emigrants  had  been  sent  out.  For  more  than 
six  years  this  able  man  devoted  all  his  powers  to  the  establishment  of  the 
colony  on  a  firm  foundation.  His  defense  of  the  infant  settlement  in  Novem 
ber  and  December,  1822,  against  the  united  forces  of  the  natives,  exhibited 
great  courage  and  talent. 

"  On  the  llth  November  the  attack  was  commenced  by  a  force  of  eight  huw- 
dred  warriors.  The  picket,  contrary  to  orders,  had  left  their  station  in  advance 
of  the  weakest  point  of  defense  ;  the  native  force,  already  in  motion,  followed 
close  in  the  rear  of  the  picket,  and  as  soon  as  the  latter  had  joined  the  detach 
ment  of  ten  men  stationed  at  the  gun,  the  enemy,  presenting  a  front,  opened 
their  fire,  and  rushed  forward  to  seize  the  post ;  several  fell,  and  off  went  the 
others,  leaving  the  gun  undischarged.  This  threw  the  small  reserve  in  the 
centre  into  confusion,  and  had  the  enemy  followed  up  their  advantage,  victory 
was  certain ;  but  such  was  their  avidity  for  plunder,  that  they  fell  upon  the 
booty  in  the  outskirts  of  the  town.  This  disorded  the  main  body.  Mr.  Ash 
mun,  who  was  too  ill  to  move  at  any  distance,  was  thus  enabled,  by  the  assist 
ance  of  one  of  the  colonists,  Rev.  Lot  Carey,  to  rally  the  broken  forces  of  the 
settlers.  The  brass  field-piece  was  now  brought  to  bear,  and  being  well  served 
did  good  execution.  A  few  men,  commanded  by  Elijah  Johnson,  passed  round 
on  the  enemy's  flank,  which  increased  their  consternation,  and  soon  after  the 
front  of  the  enemy  began  to  recoil.  The  colonists  now  regained  the  post 
which  had  at  first  been  seized,  and  instantly  brought  the  long-nine  to  bear  upon 
the  mass  of  the  enemy ;  eight  hundred  men  were  in  a  solid  body,  and  every 
shot  literally  spent  itself  among  them.  A  savage  yell  was  raised  by  the  enemy, 
and  the  colonists  were  victors. 

"  In  the  assault,  the  colonists,  (who  numbered  but  thirty-five  capable  of 
bearing  arms)  had  fifteen  killed  and  wounded.  It  is  impossible  to  estimate  the 
loss  of  the  natives,  which  must  have  been  very  great.  An  earnest  but  ineffec 
tual  effort  was  made  by  the  agent  to  form  with  the  kings  a  treaty  of  peace.x 

"  Notwithstanding  this  disastrous  result,  the  natives  determined  upon  another 
attack.  They  collected  auxiliaries  from  all  the  neighboring  tribes  who  could 
be  induced  to  join  them.  The  colonists,  on  the  other  hand,  under  Ashmun,  the 
agent,  were  busily  engaged  in  fortifying  themselves  for  the  decisive  battle,  upon 
which  the  fate  of  the  settlement  was  suspended.  On  the  2d  of  December  thr 
enemy  attacked  simultaneously  the  three  sides  of  the  fortifications.  The  col 


STATE  SOCIETIES.  361 

onists  received  them  with  that  bravery  and  determination  which  the  danger  of 
total  destruction,  in  case  of  defeat,  was  calculated  to  inspire.  The  main  body 
of  the  enemy  being  exposed  to  a  galling  fire  from  the  battery,  both  in  front 
and  flank,  and  the  assault  on  the  opposite  side  of  the  town  having  been  repulsed, 
a  general  retreat  immediately  followed,  and  the  colonists  were  again  victorious. 

"  Mr.  Ashmun  received  three  musket-balls  through  his  clothes  ;  three  of  the 
men  stationed  at  one  of  the  guns  were  dangerously  wounded ;  and  not  three 
rounds  of  ammunition  remained  after  the  action.  Had  a  third  attack  been 
made,  the  colony  must  have  been  conquered  ;  or  had  the  first  attack  occurred 
before  the  arrival  of  Mr.  Ashmun,  it  would  have  been  extirpated.  But  its 
foundations  were  now  secured  by  a  firm  and  lasting  peace." 

Mr.  Ashmun,  during  his  administration,  made  important  acquisitions  of  ter 
ritory  ;  established  schools  and  built  churches ;  destroyed  slave-factories,  and 
made  treaties  with  the  natives.  In  1828,  his  health  failed,  from  excessive 
labors,  and  he  sailed  for  home  in  the  hope  of  recruiting  it ;  but  died  at  New 
Haven  on  the  25th  of  August.  He  found  the  colony  on  the  brink  of  ruin — he 
left  it  in  peace  and  prosperity. 

Dr.  Richard  Randall  was  appointed  successor  to  Ashmun,  and  accompanied 
by  Dr.  Mechlin,  a  colored  surgeon,  arrived  in  December,  1828.  Dr.  Randall 
died  four  months  after  his  arrival.  The  agency  devolved  upon  Mechlin.  In 
1829,  Dr.  Anderson  was  appointed  physician  and  assistant  agent,  and  took 
with  him  sixty  emigrants.  Ninety  recaptured  slaves  were  added  to  the  colony 
about  the  same  time.  Dr.  Mechlin  was  induced  to  return  home  from  ill  health, 
and  the  government  devolved  upon  Dr.  Anderson,  who  soon  afterwards  died. 
A.  D.  Williams,  the  vice-agent,  filled  the  vacancy.  Five  Christian  missionaries 
arrived  from  Switzerland,  and  took  charge  of  the  schools ;  and  two  more  emi 
grant  vessels  and  two  missionaries  from  the  United  States,  had  a  favorable 
influence  upon  the  colony.  The  Liberia  Herald  was  established;  and  the 
colonial  exports  reached  the  sum  of  ninety  thousand  dollars.  In  1832,  the 
colonists  again  took  the  field  and  were  successful  against  a  combination  of  the 
native  tribes.  In  1834,  Rev.  J.  B.  Pinney,  as  agent,  and  Dr.  Todson,  as 
physician,  arrived  in  the  colony,  accompanied  by  nine  missionaries.  After  a 
short  but  efficient  administration,  Dr.  Pinney  was  compelled,  from  ill  health, 
to  retire.  Dr.  Skinner  succeeded  him.  In  1835,  nine  vessels  arrived  from  the 
United  States  with  emigrants,  which  produced  a  great  sensation  among  the 
natives,  who  supposed  that  rice  had  given  out  in  America.  Dr.  Skinner  re 
turned  home,  suffering  from  ill  health,  and  the  vice-agent,  A.  D.  Williams, 
took  charge  of  the  colony. 

Meantime,  state  societies  had  been  establishing  settlements  in  Liberia.  In 
1837  there  were  :  Monrovia,  under  the  American  colonization  society;  Bassa 
Cove,  of  the  New  York  and  Pennsylvania  societies ;  Greenville,  of  the  Mis 
sissippi  society,  and  Cape  Palmas,  of  the  Maryland  society — embracing  twelve 
towns  and  five  thousand  emigrants.  From  this  chaotic  entanglement  of  inter 
ests  and  jurisdictions  sprung  the  commonwealth  of  Liberia,  and  Thomas  H. 
Buchanan  became  its  governor.  The  friends  of  the  American  Colonization 


3G2  LIBERIA. 

Society,  and  of  the  state  societies,  had  forseen  the  necessity  of  a  union,  and  a 
committee  met  at  Washington  City  and  drew  up  a  common  constitution  for  the 
colonies.  Elisha  Whittlesey  moved,  and  the  motion  was  adopted,  that  no 
white  man  should  become  a  landholder  in  Liberia,  and  that  full  rights  of  citi 
zenship  should  be  enjoyed  only  by  colored  men.  The  American  Colonization 
Society  retained  the  right  to  veto  the  acts  of  the  colonial  legislature. 

In  April,  1839,  Governor  Buchanan  landed  with  the  new  constitution,  which 
was  approved  by  the  Monrovians,  and  subsequently  by  the  state  colonies.    He 
arrived  with  a  large  supply  of  guns  and  ammunition,  furnished  by  the  navy 
department,  and  a  quantity  of  agricultural  implements  and  machinery,  iiiclud 
ing  a  sugar  mill. 

Governor  Buchanan  seems  to  have  been  indefatigable  in  his  efforts  to  dimm 
ish  the  slave-trade.  His  appeals  and  strong-handed  measures  had  their  effect 
in  calling  the  attention  of  our  government  to  the  abuse  of  the  American  flag. 
He  armed  the  colonists  and  marched  to  attack  the  slave-factories  on  the  coast. 
He  captured  the  slavers,  and  liberated  the  slaves  from  the  barracoons.  One 
of  the  native  tribes  attacked  an  outpost  of  the  colony ;  they  were  driven  off, 
and  Governor  Buchanan  promptly  marshaled  his  forces  to  "  carry  the  war  into 
Africa."  For  this  purpose  a  force  of  two  hundred  effective  men,  with  a  field- 
piece  and  a  body  of  followers,  assembled  at  Millsburg,  on  the  St.  Paul's  river. 
About  thirty  miles  from  this,  by  the  air-line,  in  the  swampy  depths  of  the  forest, 
was  the  point  aimed  at.  Many  careful  arrangements  were  necessary  to  baffle 
spies,  and  keep  the  disaffected  at  bay  during  this  desperate  incursion,  which 
the  governor  was  about  to  make  into  the  heart  of  the  enemy's  country.  The 
fine  conception  had  this  redeeming  characteristic,  that  it  was  quite  beyond  the 
enemy's  understanding. 

"  The  force  left  Millsburg  on  Friday,  2Tth  of  March.  Swamps  and  thickets 
soon  obliged  him  to  leave  the  gun  behind.  Through  heavy  rains,  drenched 
and  weary,  they  made  their  way,  without  any  other  resistance,  to  a  bivouac  in 
an  old  deserted  town.  Starting  at  daylight  next  morning,  they  forced  their 
way  through  flooded  streams  and  ponds,  'in  mud  up  to  their  knees,  and  water 
up  to  the  waist.'  After  a  halt  at  ten  o'clock,  and  three  hours'  march  subse 
quently,  they  learnt  that  the  enemy  had  become  aware  of  their  movements,  and 
was  watching  them.  About  six  miles  from  their  destination,  after  floundering 
through  the  mud  of  a  deep  ravine,  followed  by  a  weary  pull  up  a  long  hill,  a 
sharp  turn  brought  them  in  front  of  a  rude  barricade  of  felled  trees.  A  fire 
of  musketry  from  it  brought  to  the  ground  Captain  Snetter,  of  the  riflemen, 
who  was  in  advance  of  his  men.  The  men  made  a  dash  on  the  enemy  so  sud 
denly  that  soon  no  body  was  in  front  of  them.  The  line  moved  on  without 
stopping,  and  met  only  a  straggling  fire  here  and  there,  as  they  threaded  their 
narrow  path  through  the  bushes  in  single  file.  A  few  men  were  wounded  in 
this  disheartening  march.  At  length  those  in  advance  came  to  a  halt  before 
the  fortress,  and  the  rear  closed  up.  There  the  line  was  extended,  and  the 
party  advanced  in  two  divisions.  The  place  was  a  kind  of  square,  palisaded 


COLONIZATION.  363 

inclosure,  having  outside  cleared  patches  here  and  there,  intermingled  with 
clumps  of  brush. 

"The  assailants  were  received  with  a  sharp  fire  from  swivels  and  muskets, 
which  was  warmly  returned.  Buchanan  ordered  Roberts  (afterwards  president) 
to  lead  a  reserved  company  round  from  the  left,  so  as  to  take  in  reverse  the 
face  attacked.  This  so  confounded  Gaytumba's  garrison  that  they  retreated, 
leaving  everything  behind.  The  hungry  colonists  became  their  successors  at 
the  simmering  cooking-pots.  So  rapid  had  the  onslaught  been,  that  the  second 
division  did  not  reach  in  time  to  take  a  hand  in  it.  The  operation  was  thus 
completely  successful,  with  the  ultimate  loss  of  only  two  men. 

"  The  place  was  burnt,  and  a  lesson  given  which  established  beyond  all  future 
challenge  the  power  of  civilization  on  that  coast.  The  banks  of  the  St  Paul's 
river,  with  its  graceful  meanderings,  palm-covered  islands,  and  glorious  basin 
spreading  round  into  the  eastward  expanse  of  the  interior,  were  secured  for 
the  habitations  of  peace  and  prosperity." 

The  commonwealth  flourished  under  the  administration  of  Buchanan.  Every 
district  was  supplied  with  a  free  school,  and  lyceums  were  established.  Alms- 
houses  were  erected,  with  manual  labor  schools  attached.  Rules  were  estab 
lished  for  the  treatment  of  apprentices,  or  recaptured  Africans  who  were  not 
able  to  take  care  of  themselves. 

We  are  compelled  to  add  the  name  of  Buchanan  to  the  catalogue  of  victims 
to  the  African  fever.  He  died  September  3,  1841. 

Joseph  J.  Roberts,  a  colored  man,  was  his  successor  as  governor  of  the  com 
monwealth.  The  early  part  of  his  administration  was  signalized  by  an  expe 
dition  far  into  the  interior,  for  the  purpose  of  making  treaties-  and  establishing 
commercial  intercourse.  Taking  a  small  number  of  men  with  him,  he  pro 
ceeded  up  the  St.  Paul's  river,  visited  the  Camwood  country,  about  seventy 
miles  inland,  and  found  the  forests  greatly  wasted,  and  the  main  source  of  sup 
ply,  at  that  time,  about  one  hundred  miles  farther  back.  Kings  were  visited 
and  relieved  of  their  fears,  although  not  of  their  wonder,  that  the  "governor 
should  be  at  that  distance  from  home  without  engaging  in  war."  The  party 
had  left  the  canoe,  and  after  a  circuit  round  to  the  eastward,  they  reached 
"  Captain  Sam's"  town,  one  hundred  and  twenty  miles  east  of  Monrovia. 

Several  kings  met  with  the  president  in  his  excursion,  with  whom  a  conver 
sation  was  held,  "  on  the  subject  of  trade,  the  course  and  extent  of  the  river, 
native  wars,  religion,  &c."  One,  "who  was  seated  in  state,  on  a  sofa  of  raised 
earth,  gave  us  a  hearty  shake  of  the  hand,  and  said  he  was  glad  to  see  us  ;" 
adding,  "this  country  be  your  country,  all  this  people  be  your  countryman,  you 
be  first  king."  This  king  was  informed  by  the  president,  "that  he  and  his 
people  must  agree  to  abandon  the  slave-trade,  to  discontinue  the  use  of  sassy- 
wood,  engage  in  no  war  except  by  permission  of  the  colonial  government." 
On  one  occasion,  "  Ballasada,  the  principal  war-man  of  the  Golah  tribe,  made 
his  appearance ;  he  entered  the  gate  of  the  barricade,  at  the  head  of  some 
twenty  or  thirty  armed  warriors,  with  drums  beating,  horns  blowing,  dressed  in 
a  large  robe,  and  stepping  with  all  the  majesty  of  a  great  monarch. "  At 


364  LIBERIA. 

Yando's  town,  arrangements  were  made  for  establishing  a  school.  At  Gelby, 
one  of  the  missionaries  preached  to  a  large  congregation — the  king  with  most 
of  his  people  being  present.  The  audience  was  attentive,  and,  with  the  king, 
gave  "a  nod  of  the  head  "at  almost  every  word  uttered  by  the  interpreter." 

At  "  Captain  Sam's  town,"  a  place  of  great  trade,  they  met  three  strangers 
from  different  tribes,  anxious  to  have  a  question  settled,  viz :  "  whether,  if  they 
carried  their  produce  to  the  American  settlement  for  sale,  the  colonists  would 
beat  them,  take  their  property  away,  and  put  them  in  jail."  Their  interme 
diate  friends  had  persuaded  them  that  such  would  be  the  case,  and  consequently 
had  themselves,  in  the  meantime,  become  their  agents,  and  plundered  them  at 
discretion.  They  had,  at  that  time,  brought  a  considerable  quantity  of  pro 
duce  for  sale,  and  some  of  them  had  been  kept  waiting  for  many  months.  All 
this  was  fully  cleared  up  to  their  satisfaction,  and  great  extension  of  trade  was 
promised.  The  governor  says:  "I  have  traveled  considerably  in  the  United 
States,  but  have  never  seen  anywhere  a  more  beautiful  country  than  the  one 
passed  through,  well  timbered  and  watered,  and  the  soil,  I  venture  to  assert, 
equal  to  any  in  the  world." 

In  order  to  obtain  exclusive  and  complete  jurisdiction  over  the  territory  of 
Liberia,  it  was  a  necessary  measure  to  establish  a  national  independence.  The 
leading  men  saw  the  necessity  of  making  the  experiment.  A  constitution  was 
framed,  borrowed  from  that  of  the  United  States,  and  a  declaration  of  inde 
pendence  was  drawn  up  and  proclaimed.  On  the  24th  day  of  August,  184*7, 
the  flag  of  the  Republic  of  Liberia  was  displayed,  and  Joseph  J.  Roberts  was 
elected  first  president  of  the  republic.  England,  France,  Belgium,  Prussia, 
and  Brazil  acknowledged  its  independence.  England  presented  the  republic 
with  a  man-of-war  schooner,  with  armament  and  stores  complete,  and  France 
presented  it  with  a  large  quantity  of  arms.  Treaties  of  amity  and  commerce 
were  formed  with  both  nations. 

On  the  22d  of  February,  1849,. the  French  flag  steam  frigate  Penelope,  ac 
companied  by  another  cruiser,  arrived  at  Monrovia.  On  the  following  day, 
the  commander,  with  the  officers  and  two  hundred  men,  landed  for  the  purpose 
of  saluting  the  flag  of  the  republic.  They  were  received  by  three  uniform 
companies  of  Monrovia,  in  front  of  Colonel  Yates's  residence,  where  three 
field-pieces  had  been  placed.  The  procession  was  then  formed  and  moved  up 
Broad  street  to  the  president's  house,  where  the  flag-staff,  bearing  the  Libe- 
rian  colors,  was  standing.  A  salute  of  twenty-one  guns  was  fired  from  the 
field-pieces,  which  was  repeated  by  the  French  cruisers,  and  returned  by  the 
Liberian  guns.  Refreshments  were  provided  for  the  men,  and  the  officers 
dined  with  the  president. 

In  March,  1849,  several  English  and  French  cruisers  placed  themselves  at 
the  disposal  of  President  Roberts  for  an  expedition  against  the  slave  estab 
lishments  at  New  Sestos.  Roberts  embarked  400  men  in  the  cruisers,  and  ac 
companied  by  the  U.  S.  sloop-of-war  Yorktown,  proceeded  to  the  scene  of  ac 
tion.  Some  of  the  native  chiefs  had  been  induced  to  defend  the  slavers,  but  a 
shell  from  the  French  steamer  bursting  over  their  heads,  the  natives  made 


RESOURCES.  365 

tracks  for  the  jungle.  Roberts  marched  his  men  upon  the  barracoons.  The 
defense  was  abandoned  and  the  buildings  fired.  The  slaves  were  liberated  and 
New  Sestos  annexed. 

In  the  north,  along  the  Gallinas  river,  the  slave-trade  lingered.  President 
Roberts,  by  the  aid  of  Mr.  Gurney,  Lord  Ashley,  and  benevolent  individuals 
in  the  United  States  and  England,  purchased  the  territory  for  nine  thousand 
dollars.  By  the  annexation  of  this  territory,  and  in  May,  1852,  of  the  Cassa 
territory,  Liberia  virtually  extends  its  dominion  over  six  hundred  miles  of  sea 
coast,  exterminating  the  slave-trade  from  ne'ar  Cape  Palmas  to  Sierra  Leoue. 

Liberia  is  well  watered,  and  its  natural  resources  are  immense.  Cotton  is 
indigenous,  and  yields  two  crops  a  year.  Coffee  thrives  well ;  a  single  tree  at 
Monrovia  yielding  thirty  pounds  at  one  gathering.  Sugar-cane  grows  in  un 
rivaled  luxuriance,  and  cam-wood  in  unlimited  quantities  ;  red-wood,  bar-wood, 
and  other  dyes,  are  likewise  plentiful ;  the  oil-palm  is  abundant ;  and  indigo, 
caoutchouc,  ginger,  arrow-root,  cocoa,  cocoa-nuts,  pine-apples,  castor-nuts, 
yams,  plantains,  bananas,  figs,  olives,  tamarinds,  limes,  oranges,  lemons,  &c., 
may  be  added  to  the  list  of  vegetable  products,  many  of  which  are  exported 
to  a  greater  or  less  extent.  Ivory  is  easily  obtainable  ;  and  rich  metallic  veins 
also  exist  An  important  export  and  import  trade  is  now  carried  on  ;  and  a 
large  number  of  the  inhabitants  of  the  interior  depend  upon  Liberia  for  their 
supplies  of  imported  goods. 

The  exports  amount  to  about  eight  hundred  thousand  dollars  per  annum, 
and  are  on  the  increase.  The  soil  is  capable  of  sustaining  an  immense  popu 
lation,  but  the  want  of  agricultural  industry  has  been  felt.  As  the  country  be 
comes  settled,  and  the  character  of  its  diseases  better  understood,  the  accli 
mating  fever  is  less  dreaded,  and  now  rarely  proves  fatal.  This  having  been 
passed  through,  the  colored  emigrants  enjoy  far  better  health  than  they  did  in 
most  parts  of  the  United  States.  The  statistics  of  President  Roberts  exhibit 
about  three  per  cent,  less  number  of  deaths  than  among  the  same  class  of  peo 
ple  in  Canada  and  New  England.  The  thermometer  ranges  from  70°  to  85°; 
seldom  higher  or  lower. 

A  thirst  for  education  has  been  awakened  among  the  surrounding  aborigines 
of  Liberia,  many  of  whom  send  their  children  400  and  500  miles,  to  be  edu 
cated  in  the  republic.  The  Liberians  have  built  for  themselves  above  thirty 
ehurches  of  brick  and  stone  ;  and  possess  numerous  schools,  and  a  considerable 
lumber  of  printing-presses.  More  than  20,000  natives  have  requested  to  be 
taken  under  the  protection  of  the  state,  while  not  less  than  100,000  live  on  its 
territory,  and  350,000  are  bound  to  it  by  treaties  to  abolish  the  slave-trade. 
At  diiferent  times,  ten  buildings,  erected  by  slave-traders  for  the  storage  of 
slaves,  have  been  burned  down  by  the  Liberians,  and  hundreds  of  their  fellow- 
creatures,  therein  confined,  liberated ;  and  they  at  all  times  afford  refuge  to  the 
weak  and  the  oppressed.  Monrovia,  the  capital  and  port  of  the  colony,  is  sit 
uated  on  Cape  Mesurado.  There  are,  besides,  abo,">  twenty  towns  and  vil 
lages  in  the  territory.  The  government  of  the  country  is  precisely  on  the 
American  model ;  consisting  of  a  pr  oident,  a  vice-president,  a  senate,  and  a 


3CG  CAPE  PALMAS. 

house  of  representatives  ;  the  number  of  members  in  the  former  being  six,  and 
in  the  latter  twenty-eight.  A  company  has  recently  been  organized  in  the  United 
States  for  establishing  steam  communication  between  Liberia  and  this  country. 
Population  in  1850,  250,000.* 

The  yearly  income  of  the  American  Colonization  Society,  it  appears,  has 
only  ranged  from  $3,000  to  $50,000.  The  annual  average  of  the  first  six  years 
was  $3,276.  A  liberal  bequest  of  $25,000  per  annum  for  forty  years  was  made 
to  the  society  by  Mr.  M'Donough,  of  New  Orleans.  From  a  table  published 
in  the  Colonization  Herald  for  April,  1857,  it  appears  that  since  the  first  set 
tlement  of  the  colony,  9,502  emigrants  have  been  sent  out.  Of  these,  3,676 
were  born  free ;  326  purchased  their  own  liberty ;  and  the  remaining  5,500 
were  emancipated  for  emigration.  Of  the  whole  number,  3,315  have  gone 
from  Virginia. 

The  Maryland  Colonization  Society  established  its  colony  at  Cape  Palmas 
in  1834.  A  tract  extending  about  twenty  miles  along  the  sea  coast,  and  as 
many  inland,  was  purchased  of  the  natives  by  Dr.  James  Hall,  the  agent  of 
the  society.  Fifty-three  emigrants  commenced  the  settlement,  but  vessels  con 
tinued  to  arrive  with  more  settlers  An  additional  tract  was  procured  in  1836, 
and  in  succeeding  years  new  settlers  arrived.  The  state  had  voted  $20,000  per 
annum  for  twenty  years.  In  1837,  Mr.  Russworm,  a  colored  man,  was  ap 
pointed  governor  of  the  colony,  and  fulfilled  the  high  expectations  formed  of 
him.  Six  chiefs  ceded  to  him  their  territories,  which  became  incorporated  in 
the  colony.  Every  treaty  contained  an  absolute  prohibition  of  the  slave-trade. 
A  line  of  packets  was  established  in  1846,  to  carry  out  emigrants  and  bring 
home  produce.  It  is  now  contemplated  to  erect  the  colony  into  an  independ 
ent  state. 

From  an  address  put  forth  by  the  colonists  of  Liberia  to  the  free  people  of 
color  of  the  United  States,  we  make  a  few  extracts : 

"  The  first  consideration  which  caused  our  voluntary  removal  to  this  country, 
and  the  object  which  we  still  regard  with  the  deepest  concern,  is  liberty — lib 
erty  in  the  sober,  simple,  but  complete  sense  of  the  word ;  not  a  licentious 
liberty,  nor  a  liberty  without  government,  or  which  should  place  us  without  the 
restraint  of  salutary  laws ;  but  that  liberty  of  speech  and  conscience  which 
distinguishes  the  free  enfranchised  citizens  of  a  free  state.  We  did  not  enjoy 
that  freedom  in  our  native  country ;  and  from  causes  which,  as  respects  our 
selves,  we  shall  soon  forget  forever,  we  were  certain  it  was  not  there  attainable 
for  ourselves  or  our  children.  This,  then,  being  the  first  object  of  our  pursuit 
in  coming  to  Africa,  is  probably  the  first  subject  on  which  you  will  ask  for  in 
formation  ;  and  we  must  truly  declare  to  you  that  our  expectations  and  hopes, 
in  this  respect,  have  been  realized.  Our  constitution  secures  to  us,  so  far  as 
our  condition  allows,  '  all  the  rights  and  privileges  enjoyed  by  the  citizens  of 
the  United  States,'  and  these  rights  and  privileges  are  ours.  We  are  proprie 
tors  of  the  soil  we  live  on,  and  possess  the  rights  of  freeholders.  Our  suf- 

*  Lippincott's  Gazek  ^er  of  the  World. 


FATJQUIEE  SPRINGS. 


THE  COLONISTS.  367 

frages,  and  what  is  of  more  importance,  our  sentiments  and  our  opinions,  have 
their  due  weight  in  the  government  we  live  under.  Our  laws  are  altogether 
our  own ;  they  grow  out  of  our  circumstances,  are  framed  for  our  exclusive 
benefit,  and  administered  by  officers  of  our  own  appointment,  and  as  such 
possess  our  confidence.  We  have  a  judiciary  chosen  from  among  ourselves ; 
we  serve  as  jurors  in  the  trials  of  others,  and  are  liable  to  be  tried  only  by  ju 
ries  of  our  fellow-citizens  ourselves.  We  have  all  that  is  meant  by  liberty  of 
conscience.  The  time  and  mode  of  worshiping  God,  as  prescribed  to  us  in 
His  word,  and  dictated  by  our  conscience,  we  are  not  only  free  to  follow,  but 
are  protected  in  following. 

"  Forming  a  community  of  our  own  in  the  land  of  our  forefathers  ;  having 
the  commerce,  and  the  soil,  and  the  resources  of  the  country  at  our  disposal, 
we  know  nothing  of  that  debasing  inferiority  with  which  our  very  color 
stamped  us  in  America.  There  is  nothing  here  to  create  the  feeling  of  caste 
— nothing  to  cherish  the  feeling  of  superiority  in  the  minds  of  foreigners  who 
visit  us.  It  is  this  moral  emancipation,  this  liberty  of  the  mind  from' worse 
than  iron  fetters,  that  repays  us  ten  thousand  times  over  for  all  that  it  has  cost 
us,  and  makes  us  grateful  to  God  and  our  American  patrons  for  the  happy 
change  which  has  taken  place  in  our  situation.  We  are  not  so  self-complacent 
as  to  rest  satisfied  with  our  improvement,  either  as  regards  our  minds  or  our 
circumstances.  We  do  not  expect  to  remain  stationary — far  from  it  But 
we  certainly  feel  ourselves,  for  the  first  time,  in  a  state  to  enjoy  either  to  any 
purpose.  The  burden  is  gone  from  our  shoulders.  We  now  breathe  and 
move  freely,  and  know  not  (in  surveying  your  present  state)  for  which  to  pity 
you  most,  the  empty  name  of  liberty  which  you  endeavor  to  content  yourselves 
with,  in  a  country  that  is  not  yours,  or  the  delusion  which  makes  you  hope  for 
ampler  privileges  in  that  country  hereafter. 

"  We  solicit  none  of  you  to  emigrate  to  this  country ;  for  we  know  not 
who  among  you  prefers  rational  independence,  and  the  honest  respect  of  his 
fellow-men,  to  that  mental  sloth  and  careless  poverty  which  you  already  pos 
sess,  and  your  children  will  inherit  after  you  in  America.  But  if  your  views 
and  aspirations  rise  a  degree  higher — if  your  minds  are  not  as  servile  as  your 
present  condition,  we  can  decide  the  question  at  once ;  and  with  confidence  say 
that  you  will  bless  the  day,  and  your  children  after  you,  when  you  determined 
to  become  citizens  of  Liberia. 

"  But  we  do  not  hold  this  language  on  the  blessings  of  liberty  for  the  purpose 
of  consoling  ourselves  for  the  sacrifice  of  health,  or  the  sufferings  of  want,  in 
consequence  of  our  removal  to  Africa.  We  enjoy  health,  after  a  few  months' 
residence  in  this  country ;  and  a  distressing  scarcity  of  provisions,  or  any  of 
the  necessaries  of  life,  has  of  late  been  entirely  unknown,  even  to  the  poorest 
persons  in  this  community.  On  these  points  there  are,  and  have  been,  much 
misconception  and  some  malicious  misrepresentations  in  the  United  States. 

"  The  true  character  of  the  African  climate  is  not  well  understood  in  other 
countries.  Its  inhabitants  are  as  robust,  as  healthy,  as  long-lived,  to  say  the 
least,  as  those  of  any  other  country.  Nothing  like  an  epidemic  has  ever  ap- 
24 


368  LIBERIA. 

• 

peared  in  this  colony ;  nor  can  we  learn  from  the  natives,  that  the  calamity  of 
a  sweeping  sickness  ever  yet  visited  this  part  of  the  continent.  But  the  change 
from  a  temperate  to  a  tropical  country  is  a  great  one — too  great  riot  to  affect 
the  health  more  or  less,  and  in  the  cases  of  old  people,  aial  very  young  peo 
ple,  it  often  causes  death.  In  the  early  years  of  the  colony,  want  of  good 
houses,  the  great  fatigues  and  dangers  of  the  settlers,  their  irregular  mode  of 
living,  and  the  hardships  and  discouragements  they  met  with,  greatly  helped  the 
other  causes  of  sickness,  which  prevailed  to  an  alarming  extent,  and  were  at 
tended  with  great  mortality.  But  we  look  back  to  those  times  as  a  season  of 
trial  long  past,  and  nearly  forgotten.  Our  houses  and  circumstances  are  now 
comfortable  ;  and  for  the  last  two  or  three  years  not  one  person  in  forty,  from 
the  middlt  and  southern  states,  has  died  from  the  change  of  climate. 

"A  more  fertile  soil,  and  a  more  productive  country,  so  fas  as  it  is  cultivated, 
there  is  not,  we  believe,  on  the  face  of  the  earth.  Its  hills  and  its  plains  are 
covered  with  a  verdure  which  never  fades  ;  the  productions  of  nature  keep  on 
in  their  growth  through  all  seasons  of  the  year.  Even  the  natives  of  the 
country,  almost  without  farming  tools,  without  skill,  and  with  very  little  labor, 
make  more  grain  and  vegetables  than  they  can  consume,  and  often  more  than 
they  can  sell. 

"Add  to  all  this,  we  have  no  dreary  winter  here,  for  one-half  the  year,  to  de 
stroy  the  products  of  the  other  half.  Nature  is  constantly  renewing  herself, 
and  is  also  constantly  pouring  her  treasures  all  the  year  round  in  the  laps  of 
the  industrious.  We  could  say  on  this  subject  more,  but  we  are  afraid  of  ex 
citing  too  highly  the  hopes  of  the  imprudent.  Such  persons,  we  think,  will 
do  well  to  keep  their  rented  cellars,  and  earn  their  twenty-five  cents  a  day  at 
their  wheelbarrow,  in  the  commercial  towns  of  America,  and  stay  where  they 
are.  It  is  only  the  industrious  and  virtuous  that  we  can  point  to  independence, 
and  plenty,  and  happiness  in  this  country. 

"  Truly,  we  have  a  goodly  heritage  ;  and  if  there  is  any  thing  lacking  in  the 
character  or  condition  of  the  people  of  this  colony,  it  can  never  be  charged  to 
the  account  of  the  country ;  it  must  be  the  fruit  of  our  own  mismanagement, 
or  slothfulness,  or  vices.  But  from  all  these  evils  we  confide  in  Him  to  whom 
we  are  indebted  for  our  blessings,  to  preserve  us.  It  is  the  topic  of  our  week 
ly  and  daily  thanksgiving  to  Almighty  God,  both  in  public  and  private,  and 
He  knows  with  what  sincerity  we  were  conducted,  by  His  providence,  to 
this  shore.  Such  great  favors,  in  so  short  a  time,  and  mixed  with  so  few  trials, 
are  to  be  ascribed  to  nothing  but  His  special  blessing.  This  we  acknowledge. 
We  only  want  the  gratitude  which  such  signal  favors  call  for.  Nor  are  we 
willing  to  close  this  paper,  without  adding  a  heartfelt  testimonial  to  the  deep 
obligations  we  owe  to  our  American  patrons  and  best  earthly  benefactors, 
whose  wisdom  pointed  us  to  this  home  of  our  nation,  and  whose  active  and 
persevering  benevolence  enabled  us  to  reach  it.  Judge,  then,  of  the  feelings 
with  which  we  hear  the  motives  and  doings  of  the  Colonization  Society  tra 
duced — and  that,  too,  by  men  too  ignorant  to  know  what  the  society  has  al 
ready  accomplished ;  too  weak  to  look  through  its  plans  and  intentions;  or 


.  . 
SLAVERY  IN  THE  COLONIES.  309 


too  dishonest- to  acknowledge  either.  But,  without  pretending  to  any  pro 
phetic  sagacity,  we  can  certainly  predict  to  that  Society  the  ultimate  triumph 
of  their  hopes  and  labors  ;  and  disappointment  and  defeat  to  those  who  oppose 
them.  Men  may  theorize  and  speculate  upon  their  plans  in  America,  but  there 
can  be  no  speculation  here.  The  cheerful  abodes  of  civilization  and  happiness 
which  are  scattered  over  this  verdant  mountain — the  flourishing  settlements 
which  are  spreading  around  it — the  sound  of  Christian  instruction,  and  scenes 
of  Christian  worship,  which  are  heard  and  seen  in  this  land  of  brooding  pagan 
darkness — a  thousand  contented  freemen  united  in  founding  a  new  Christian 
empire,  happy  themselves,  and  the  instrument  of  happiness  to  others — every 
object,  every  individual,  is  an  argument,  is  a  demonstration,  of  the  wisdom  and 
goodness  of  the  plan  of  colonization." 


CHAPTER    XXI. 

HISTORY  OF  SLAVERY  IN  THE  NORTH  AMERICAN  COLONIES. 

Early  existence  of  Slavery  in  England. — Its  forms. — The  Feudal  System. — Serfdom. — 
Its  extinction. — African  Slavery  introduced  into  the  North  American  Colonies,  1620. — 
Slavery  in  Virginia. — Massachusetts  sanctions  Negro  and  Indian  slavery,  1641 :  Kid 
napping  declared  unlawful,  1645. — Nogro  and  Indian  slavery  authorized  in  Connecti 
cut.  1650. — Decree  against  perpetual  slavery  in  Rhode  Island,  1652. — Slavery  in  New 
Netherland  among  the  Dutch,  1650 — Its  mild  form. — First  slavery  statute  of  Virginia, 
1662. — In  Maryland,  1663,  against  amalgamation. — Statute  of  Virginia,  conversion 
and  baptism  not  to  confer  freedom  ;  other  provisions,  1667. — Maryland  encourages 
Slave-trade. — Slave  code  of  Virginia,  1682,  fugitives  may  be  killed. — New  anti-amal 
gamation  act  of  Maryland,  1681. — Settlement  of  Soxith  Carolina,  1660. — Absolute 
power  conferred  on  masters. — Law  of  Slavery  in  New  York,  1665. — Slave  code  of  Vir 
ginia,  1692:  offenses  of  slaves,  how  punishable. — Revision  of  Virginia  code,  1705: 
slaves  made  real  estate. — Pennsylvania  protests  against  importation  of  Indian  slaves 
from  Carolina,  1705. — New  act  of  1712  to  stop  importation  of  negroes  and  slaves,  pro 
hibiting  duty  of  £20. — Act  repealed  by  Queen. — First  slave  law  of  Carolina,  1712. — 
Its  remarkable  provisions. — Census  of  1715. — Maryland  code  of  1715 — haptism  not  to 
confer  freedom. — Georgia  colonized,  1732 :  rum  and  slavery  prohibited.-  -Cruel  delu 
sion  in  New  York  ;  plot  falsely  imputed  to  negroes  to  burn  the  city,  1741. — Slavery 
legalized  in  Georgia,  1750. — Review  of  the  state  of  Slavery  in  all  the  colonies  in  1750. — 
Period  of  the  Revolution. — Controversy  in  Massachusetts  on  the  subject  of  slavery, 
1766  to  1773. — Slaves  gain  their  freedom  in  the  courts  of  Massachusetts. — Court  of 
King's  Bench  decision. — Mansfield  declares  the  law  of  England,  1772. — Continental 
Congress  declares  against  African  Slave-trade,  1784. 


s 


LAVERY  existed  in  England  in  early  times,  and  slaves  became  an  article 
of  export.  Prisoners  of  war  were  reduced  to  slavery ;  criminals  and  debtors 
were  added  to  the  number,  and  unfortunate  gamesters  who  had  staked  their 
liberty.*  There  were  also  hereditary  slaves,  who  derived  their  condition  from 
their  parents,  and  who  were  sold  and  transferred  from  hand  to  hand.  This 

*  Henry's  History  of  England. 


SLAVERY  IN   THE  COLONIES. 

form  of  slavery  was  gradually  extinguished  by  the  feudal  system,  which  sub 
stituted  villeinage.  To  the  serfs,  who  were  the  lowest  grade  of  vassals,  was 
committed  the  task  of  tilling  the  lands  which  the  soldier  gained  or  protected. 
There  were  grades  even  among  the  serfs,  though  probably  there  were  not  in 
stances  in  which  one  held  another  as  vassal  and  superior.  The  peculiarity  of 
the  class  was,  that  they  were  astricted  to  the  domain,  and  went  with  it  when  it 
changed  hands.  Some,  however,  had  rights  and  privileges  which  they  might 
maintain  in  the  court  of  the  manor  of  their  lord.  Some  held  small  estates, 
which,  however,  they  could  not  dispose  of.  The  lowest  class  were  abject  and 
unprivileged.* 

At  the  time  of  the  first  English  emigration  to  America,  but  few  faint  traces 
were  left  of  that  system  of  villeinage  once  so  universal  throughout  Europe, 
and  still  prevalent  in  Russia.  In  England  it  had  disappeared,  not  by  any  for 
mal  legislative  act,  but  as  the  joint  result  of  private  emancipations  and  by  the 
discouragement  long  given  by  the  English  courts  to  claims  so  contrary  to  nat 
ural  right.  It  became  an  established  opinion  throughout  western  Europe  that 
Christians  could  not  be  held  as  slaves — but  the  immunity  did  not  extend  to  in 
fidels  or  heathen. 

We  have  mentioned  in  a  former  chapter  that  slavery  was  first  introduced  into 
the  North  American  colonies  in  1620,  by  a  Dutch  vessel  which  landed  a  por 
tion  of  her  human  merchandise  at  Jamestown,  Virginia.  The  event  was  al 
most  simultaneous  with  the  landing  of  the  Pilgrims  on  Plymouth  Rock,  Dec. 
22d,  1620.  In  buying  and  holding  negro  slaves,  the  Virginians  did  not  sup 
pose  themselves  to  be  violating  any  law,  human  or  divine.  Whatever  might 
be  the  case  with  the  law  of  England,  the  law  of  Moses,  in  authorizing  the  en 
slavement  of  "strangers,"  seemed  to  give  to  the  purchase  of  negro  slaves  an 
express  sanction.  The  number  of  negroes  in  the  colony,  limited  as  it  was  to 
a  few  cargoes,  brought  at  intervals  by  Dutch  trade's,  was  long  too  small  to 
make  the  matter  appear  of  much  moment,  and  more  than  forty  years  elapsed 
before  the  colonists  thought  it  necessary  to  strengthen  the  system  of  slavery 
by  any  express  enactments. 

In  the  colony  of  Massachusetts  a  body  of  fundamental  laws  was  established 
in  1641.  One  of  the  articles,  based  on  the  Mosaic  code,  provides  that  "there 
shall  never  be  any  bond  slavery,  villeinage,  nor  captivity  among  us,  unless  it 
be  lawful  captives,  taken  in  just  wars,  and  such  strangers  as  willingly  sell  them 
selves  or  are  sold  unto  us,  and  these  shall  have  all  the  liberties  and  Christian 
usages  which  the  law  of  God  established  in  Israel  requires.  This  exempts 
none  from  servitude  who  shall  be  judged  thereto  by  authority."  This  article 
sanctions  the  slave-trade  and  the  holding  of  negroes  and  Indians  in  bondage. 
This  seems  to  be  the  first  positive  enactment  in  the  colonies  on  the  subject  of 
slavery. 

About  this  time  a  transaction  occurred,  (1645,)  which  some  consider  a  pro 
test  on  the  part  of  Massachusetts  against  the  African  slave-trade.  We  state 

*  Chambers'  Historj  of  Laws. 


CONNECTICUT.  373 

the  facts,  and  the  reader  can  judge  whether  the  inference  is  warranted  or  not : 
The  ships  which  took  cargoes  of  staves  and  fish  to  Madeira  and  the  Cana 
ries  were  accustomed  to  touch  on  the  coast  of  Guinea  "to  trade  for  negroes," 
who  were  carried  generally  to  Barbadoes  or  the  other  English  islands  in  the 
West  Indies,  the  demand  for  them  at  home  being  but  small.  In  the  case  above 
referred  to,  instead  of  buying  negroes  in  the  regular  course  of  traffic,  which, 
under  a  fundamental  law  of  Massachusetts  already  quoted,  would  have  been 
perfectly  legal,  the  crew  of  a  Boston  ship  joined  with  some  London  vessels  on 
the  coast,  and,  on  pretense  of  some  quarrel  with  the  natives,  landed  a  "mur 
derer  " — the  expressive  name  of  a  small  piece  of  cannon — attacked  a  negro 
village  on  Sunday,  kilted  many  of  the  inhabitants,  and  made  a  few  prisoners, 
two  of  whom  fell  to  the  share  of  the  Boston  ship.  In  the  course  of  a  lawsuit 
between  the  master,  mate,  and  owners,  all  this  story  came  out,  and  Saltonstall, 
who  sat  as  one  of  the  magistrates,  thereupon  presented  a  petition  to  the  court, 
in  which  he  charged  the  master  and  mate  with  a  threefold  offense,  murder,  man- 
stealing,  and  Sabbath-breaking ;  the  two  first  capital  by  the  fundamental  laws 
of  Massachusetts,  and  all  of  them  "capital  by  the  law  of  God."  The  magis 
trates  doubted  their  authority  to  punish  crimes  committed  on  the  coast  of  Af 
rica  ;  but  they  ordered  the  negroes  to  be  sent  back,  as  having  been  procured 
not  honestly  by  purchase,  but  unlawfully  by  kidnapping. 

A  code  of  laws  for  Connecticut  was  compiled  in  1650  and  adopted  by  the 
general  court,  as  the  legislative  assembly  was  then  called.  On  the  subject  of 
the  Indians  this  code  exhibits  much  anxiety.  The  militia  law  is  full  and  pre 
cise.  Every  town  is  to  have  a  store  of  powder,  and  on  Sundays  and  lecture 
days  to  be  furnished  with  an  armed  guard,  to  prevent  sudden  surprises.  Trade 
with  the  Indians  in  arms  of  any  kind,  or  in  dogs,  is  strictly  forbidden.  White 
men  leaving  the  colony  and  joining  the  Indians  are  liable  to  three  years'  im 
prisonment.  Every  band  of  Indians  resident  near  any  plantation  is  to  have 
some  sachem  or  chief  to  be  personally  responsible  for  all  depredations  commit 
ted  by  the  band ;  and,  in  conformity  with  a  recommendation  of  the  commis 
sioners  for  the  united  colonies,  if  satisfaction  for  injuries  is  refused  or  neglect 
ed,  the  Indians  themselves  may  be  seized ;  "  and,  because  it  will  be  chargeable 
keeping  them  in  prison,"  they  may  be  delivered  to  the  injured  party,  "either 
to  serve,  or  to  be  shipped  out  and  exchanged  for  negroes,  as  the  case  will 
justly  bear."  It  thus  appears  that  negro  slavery  was  authorized  in  Connecti 
cut  as  well  as  in  Massachusetts.  It  was  only  the  heretics  of  Providence  who 
prohibited  perpetual  servitude  by  placing  "  black  mankind  "  on  the  same  level 
with  regard  to  limitation  of  service  as  white  servants.  Unfortunately  for  the 
honor  of  Rhode  Island,  this  regulation,  enacted  during  a  temporary  disruption 
of  the  province,  never  extended  to  the  other  towns,  and  never  obtained  the 
force  of  a  general  law.* 

Slaves  were  introduced  into  New  Netherland  by  the  Dutch  West  India 
Company,  about  the  year  1650.  Most  of  them  remained  the  property  of  the 

*Hildreth's  History  of  the  United  States. 


372  SLAVERY  IN  THE  COLONIES. 

company,  and  the  more  trusty  and  industrious,  after  a  certain  period  of  labor, 
were  allowed  little  farms,  paying  a  stipulated  amount  of  produce.  This 
emancipation  did  not  extend  to  the  children,  a  circumstance  inexplicable  and 
highly  displeasing  to  the  Dutch  commonalty,  who  could  not  understand  "how 
any  one  born  of  a  free  Christian  mother  could  nevertheless  be  a  slave." 

At  a  session  of  the  Virginia  legislature,  in  December,  1GG2,  an  act  was 
passed,  being  the  first  statute  of  Virginia  which  attempts  to  give  a  legislative 
basis  to  the  system  of  hereditary  slavery.  It  was  enacted  that  children  should 
be  held  bond  or  free  "  according  to  the  condition  of  the  mother." 

In  1663,  the  subject  of  slavery  also  attracted  the  notice  of  the  Maryland 
legislature.  It  was  provided,  by  the  first  section  of  an  act  now  passed,  that 
"  all  negroes  and  other  slaves  within  this  province,  and  all  negroes  and  othei 
slaves  to  be  hereafter  imported  into  this  province,  shall  serve  during  life  ;  and 
all  children  born  of  any  negro  or  other  slave,  shall  be  slaves,  as  their  fathers 
were,  for  the  term  of  their  lives."  The  second  section  recites  that  "divers 
free-born  English  women,  forgetful  of  their  free  condition,  and  to  the  disgrace 
of  our  nation,  do  intermarry  with  negro  slaves  ;"  and  for  deterring  from  such 
"shameful  matches,"  it  enacts  that,  during  their  husbands'  lives,  white  women 
so  intermarrying  shall  be  servants  to  the  masters  of  their  husbands,  and  that 
the  issue  of  such  marriages  shall  be  slaves  for  life. 

In  1667,  the  assembly  of  Virginia  enacted  that  negroes,  though  converted 
and  baptized,  should  not  thereby  become  free.  At  the  same  session,  in  re 
markable  deviation  from  the  English  law,  it  was  also  enacted,  that  killing 
slaves  by  extremity  of  correction  should  not  be  esteemed  felony,  "since  it  can 
not  be  presumed  that  prepense  malice  should  induce  any  man  to  destroy  his 
own  estate.'*  The  prohibition  against  holding  Indians  as  slaves  was  also  re 
laxed  as  to  those  brought  in  by  water,  a  new  law  having  enacted  "  that  all  ser 
vants,  not  being  Christians,  imported  by  shipping,  shall  be  slaves  for  life." 
About  this  period,  and  afterward,  a  considerable  number  of  Indian  slaves  seem 
to  have  been  imported  into  Virginia  and  New  England  from  the  West  Indies 
and  the  Spanish  main. 

As  a  necessary  pendent  to  the  slave  code,  the  system  now  also  began  of 
subjecting  freed  slaves  to  civil  disabilities.  It  had  already  been  enacted  that 
female  servants  employed  in  field  labor  should  be  rated  and  taxed  as  tithable. 
Negro  women,  though  free,  were  now  subjected  to  the  same  tax.  Free  ne 
groes  and  Indians  were  also  disqualified  to  purchase  or  hold  white  servants. 

Some  replies  of  Berkeley  to  a  series  of  questions  submitted  to  him  by  the 
plantation  committee  of  the  privy  council,  give  quite  a  distinct  picture  of  the 
colony  as  it  was  in  1671.  The  population  is  estimated  at  40,000,  including 
2,000  "black  slaves,"  and  6,000  "Christian  servants,"  of  whom  about  1,500 
were  imported  yearly,  principally  English.  Since  the  exclusion  of  Dutch  ves 
sels  by  the  acts  of  navigation,  the  importation  of  negroes  had  been  very  lim 
ited  ;  not  above  two  or  three  ship  loads  had  arrived  in  seven  years.  The  Eng 
lish  trade  to  Africa,  a  monopoly  in  the  hands  of  the  Royal  African  Company, 
does  not  seem  to  have  been  prosecuted  with  much  spirit ;  and  such  supply  of 


VIRGINIA.  373 

slaves  as  that  company  furnished  was  chiefly  engrossed  by  Jamaica  and  other 
sugar  colonies. 

In  1611  an  act  was  passed  by  Maryland  encouraging  the  importation  of 
slaves. 

In  1682  the  slave  code  of  Virginia  received  some  additions.  Slaves  were 
prohibited  to  carry  arms,  offensive  or  defensive,  or  to  go  off  the  plantations  of 
their  masters  without  a  written  pass,  or  to  lift  hand  against  a  Christian  even 
in  self-defense.  Runaways  who  refused  to  be  apprehended  might  be  lawfully 
killed.  The  condition  of  slavery  was  imposed  upon  all  servants,  whether  ne 
groes,  Moors,  mulattoes,  or  Indians,  brought  into  the  colony  by  sea  or  land, 
whether  converted  to  Christianity  or  not,  provided  they  were  not  of  Christiafi 
parentage  or  country,  or  Turks  or  Moors  in  amity  with  his  majesty.  An  un 
successful  attempt  was  made  in  the  council,  whether  dictated  by  humanity,  by 
policy,  or  by  a  wish  to  promote  the  interests  of  the  Royal  African  company, 
to  reeuact  the  old  law  prohibiting  the  enslavement  of  Indians. 

The  attempt  in  Maryland  to  prevent  the  intermarriage  of  whites  and  blacks 
seems  not  to  have  proved  very  successful.  The  preamble  to  a  new  act  on  this 
subject  recites  that  such  matches  were  often  brought  about  by  the  "  instigation, 
procurement,  or  connivance  of  the  master  or  mistress,"  who  thus  availed  them 
selves  of  the  provisions  of  the  former  law  to  prolong  the  servitude  of  their 
female  servants,  and,  at  the  same  time,  to  raise  up  a  new  brood  of  slaves.  To 
remedy  this  evil,  all  white  female  servants  intermarrying  with  negro  slaves 
were  to  be  declared  free  at  once,  and  their  children  also  ;  but  the  minister  cel 
ebrating  the  marriage,  and  the  master  or  mistress  promoting  or  conniving  at 
it,  were  subjected  to  a  fine  of  ten  thousand  pounds  of  tobacco. 

The  settlement  of  South  Carolina  commenced  about  1660.  In  the  scheme 
of  government  for  this  colony,  drafted  by  the  afterwards  celebrated  metaphy 
sician,  John  Locke,  there  was  inserted  a  provision  that  "every  freeman  of 
South  Carolina  shall  have  absolute  power  and  authority  over  his  negro  slaves, 
of  what  opinion  and  religion  whatsoever." 

In  the  code  of  laws  known  as  the  "  Duke's  laws,"  enacted  for  the  govern 
ment  of  New  York  in  1665,  there  is  a  provision  that  "no  Christian  shall  be 
kept  in  bond  slavery,  villeinage,  or  captivity,  except  such  who  shall  be  judged 
thereunto  by  authority,  or  such  as  willingly  have  sold  or  shall  sell  themselves," 
in  which  case  a  record  of  such  servitude  shall  be  entered  in  the  court  of  ses 
sions,  "held  for  that  jurisdiction  where  the  master  shall  inhabit."  This  pro 
vision,  borrowed,  with  some  modifications,  from  the  "  Massachusetts  Funda 
mentals,"  did  not  exempt  heathen  negroes  and  Indians  from  slavery, 

In  Virginia,  in  1692,  an  "act  for  suppressing  outlying  slaves,"  after  setting 
forth  in  a  preamble  that  "  many  times  negroes,  mulattoes,  and  other  slaves  un 
lawfully  absent  themselves  from  their  masters'  and  mistresses'  service,  and  lie 
hid,  and  lurk  in  obscure  places,  killing  hogs,  and  committing  other  injuries  to 
the  inhabitants  of  this  dominion,"  authorizes  any  two  justices,  one  being  of 
the  quorum,  to  issue  their  warrant  to  the  sheriff  for  the  arrest  of  any  such  out 
lying  slaves.  Whereupon  the  sheriff  is  to  raise  the  necessary  force,  and  if  the 


374  SLAVERY  IN  THE  COLONIES. 

slaves  resist,  run  away,  or  refuse  to  surrender,  they  may  be  lawfully  killed  and 
destroyed  "by  guns,  or  any  other  way  whatsoever,"  the  master,  in  such  cases, 
to  receive  from  the  public  four  thousand  pounds  of  tobacco  for  the  loss  of  his 
slave. 

Individual  runaways  seem  at  times  to  have  made  themselves  formidable, 
We  find,  a  few  years  later,  an  act  setting  forth  that  one  Billy,  a  negro,  slave  to 
John  Tillet,  "has  several  years  unlawfully  absented  himself  from  his  master's 
service,  lying  out,  and  lurking  in  obscure  places,  supposed  within  the  counties 
of  James  City,  York,  and  Kent,  devouring  and  destroying  the  stocks  and 
crops,  robbing  the  houses  of,  and  committing  and  threatening  other  injuries  to 
several  of  his  majesty's  good  and  liege  people  within  this  his  colony  and  do 
minion  of  Virginia,  in  contempt  of  the  good  laws  thereof;"  wherefore  the  said 
Billy  is  declared  by  the  act  guilty  of  a  capital  offense  ;  and  "  whosoever  shall 
kill  and  destroy  the  said  negro  slave  Billy,  and  apprehend  and  deliver  him  to 
justice,"  is  to  be  rewarded  with  a  thousand  pounds  of  tobacco;  and  all  per 
sons  entertaining  him,  or  trading  and  trucking  with  him,  are  declared  guilty  of 
felony ;  his  master,  if  he  be  killed,  to  receive  as  compensation  from  the  public 
four  thousand  pounds  of  tobacco. 

The  same  statute  above  cited  for  suppressing  outlying  slaves,  contains  the 
first  provision  to  be  found  in  the  Virginia  laws  on  the  subject  of  the  intermix- 
ture  of  the  races :  "  For  the  prevention  of  that  abominable  mixture  and  spu 
rious  issue  which  hereafter  may  increase  in  this  dominion,  as  well  by  negroes, 
mulattoes,  and  Indians  intermarrying  with  English  or  other  white  women,  as 
by  their  unlawful  accompanying  with  one  another,"  any  free  white  man  or  wo 
man  intermarrying  with  a  negro,  mulatto,  or  Indian,  was  to  be  forever  ban 
ished — a  punishment  changed  a  few  years  after  to  six  months'  imprisonment 
and  a  fine  of  ten  pounds.  White  women  having  mulatto  children  without 
marriage  were  to  pay  fifteen  pounds  sterling,  or  be  sold  for  five  years,  that  pe 
riod,  if  they  were  servants,  to  take  effect  from  the  expiration  of  their  former 
term,  the  child  to  be  bound  out  as  a  servant  till  thirty  years  of  age. 

Another  clause  of  this  act  placed  a  serious  restraint  upon  emancipation,  by 
enacting  that  no  negro  or  mulatto  slave  shall  be  set  free,  unless  the  emancipa 
tor  pay  for  his  transportation  out  of  the  country  within  six  months.  Yet  the 
manumission  was  not  void.  The  idea  of  reducing  again  to  slavery  persons 
once  made  free  was  not  yet  arrived  at.  A  violation  of  the  act  exposed  to  a 
penalty  of  ten  pounds,  to  be  appropriated  toward  the  transportation  out  of  the 
colony  of  the  freed  slave. 

The  practice  of  special  summary  tribunals  for  the  trial  of  slaves  charged 
with  crimes  was  now  first  introduced — another  remarkable  deviation  from  the 
English  law.  Any  slave  guilty  of  any  offense  punishable  by  the  law  of  Eng 
land  with  death  or  loss  of  member,  was  to  be  forthwith  committed  to  the  county 
jail,  there  to  be  kept  "  well  laden  with  irons,"  and  upon  notice  of  the  fact,  the 
governor  was  to  issue  a  commission  to  any  persons  of  the  county  he  might  see 
fit,  before  whom  the  prisoner  was  to  be  arraigned,  indicted,  tried  "  without  the 
solemnity  of  «  jury,"  and  on  the  oath  of  two  witnesses,  or  one  witness  "  with 


PENNSYLVANIA.  375 

pregnant  circumstances  "  or  confession,  was  to  be  found  guilty  and  sentenced. 
The  same  act,  by  another  section,  forbade  slaves  to  keep  horses,  cattle,  or  hogs. 
It  also  provided  that  the  owner  should  be  liable  for  damage  done  "  by  any  ne 
gro  or  other  slave  living  at  a  quarter  where  there  is  no  Christian  overseer." 

These  laws  indicate  the  start  which  the  slave-trade  had  recently  received, 
and  the  rapid  increase  in  Virginia  of  slave  population. 

A  fifth  revision  of  the  Virginia  code,  in  progress  for  the  last  five  years  by  a 
committee  of  the  council  and  burgesses,  was  completed  in  It 05.  This  code 
provided  that  "  all  servants  imported  or  brought  into  this  country  by  sea  or 
land,  who  were  not  Christians  in  their  native  country,  (except  Turks  and 
Moors  in  amity  with  her  majesty,  and  others  who  can  make  due  proof  of  their 
being  free  in  England  or  any  other  Christian  country  before  they  were  shipped 
in  order  to  transportation  thither,)  shall  be  accounted,  and  be  slaves,  notwith 
standing  a  conversion  to  Christianity  afterward,"  or  though  they  may  have 
been  in  England ;  "  all  children  to  be  bond  or  free,  according  to  the  condition 
of  their  mothers." 

By  a  humane  provision  of  this  code,  slaves  are  made  real  estate,  and  thus, 
as  it  were,  attached  to  the  soil.  Nor  can  it  be  said  that  the  sole  object  was  to 
shield  them  from  seizure  for  debt — they  remained  liable  to  that  as  before. 
They  were  also  to  descend  like  personal  property,  but  provision  was  made  by 
which  the  heir  of  the  plantation  could  buy  out  the  inherited  interest  of  others 
in  the  slaves.  Such  continued  to  be  the  law  so  long  as  Virginia  remained  a 
British  colony. 

The  export  of  Indian  slaves  from  Carolina  had  been  a  subject  of  complaint 
in  Pennsylvania.  The  importation  of  Indian  slaves  into  that  province,  except 
such  as  had  been  a  year  domiciled  in  the  family  of  the  importer,  had  been 
prohibited,  in  1705,  by  an  act  especially  referring  to  this  Carolina  traffic,  "as 
having  given  our  neighboring  Indians  of  this  province  some  umbrage  for  sus 
picion  aud  dissatisfaction."  A  new  act,  in  1712,  "  to  prevent  the  importation 
of  negroes  and  slaves,"  alleging  plots  and  insurrections,  and  referring  in  terms 
to  a  recent  plot  in  New  York,  imposed  a  prohibitory  duty  of  £20  upon  all 
negroes  and  Indians  brought  into  the  province  by  land  or  water,  a  drawback 
to  be  allowed  in  case  of  reexportation  within  twenty  days.  Indulgence  was 
also  to  be  granted  for  a  longer  time,  not  exceeding  six  months,  "to  all  gentle 
men  and  strangers  traveling  in  this  province  who  may  have  negro  or  Indian 
slaves  to  attend  them,  not  exceeding  two  for  one  person."  Runaways  from 
the  neighboring  provinces,  if  taken  back  within  twenty  days  after  identifica 
tion,  were  to  be  free  of  duty ;  otherwise,  or  if  not  claimed  within  twelve 
months,  they  were  to  be  sold,  and  the  proceeds  paid  into  the  treasury,  the 
owner  being  entitled  only  to  what  remained  after  paying  the  duty  and  ex 
penses.  Very  large  powers  were  given  to  the  collector  to  break  all  doors, 
and  seize  and  sell  all  slaves  suspected  to  be  concealed  with  intent  to  evade  the 
duty.  This  act,  however,  within  a  few  months  after  its  passage,  was  disal 
lowed  and  repealed  by  the  queen. 

A  Massachusetts  acton  the  same  subject,  August,  1712,  recites  "that  di- 


376  SLAVERY  IN  THE  COLONIES. 

vers  conspiracies,  outrages,  barbarities,  murders,  burglaries,  thefts,  and  other 
uotorious  crimes  and  enormities,  at  sundry  times,  and  especially  of  late,  have 
been  perpetrated  and  committed  by  Indians  and  other  slaves  within  several  of 
her  majesty's  plantations  in  America,  being  of  a  surly  and  revengeful  spirit,  rude 
and  insolent  in  their  behavior,  and  very  ungovernable,  the  over  great  number  and 
increase  whereof  within  this 'province  is?  likely  to  prove  of  pernicious  and  fa 
tal  consequences  to  her  majesty's  subjects  and  interest  here  unless  speedily  rem 
edied,  and  is  a  discouragement  to  the  importation  of  white  Christian  servants, 
this  province  being  differently  circumstanced  from  the  plantations  in  the  islands, 
and  having  great  numbers  of  the  Indian  natives  of  the  country  within  and 
about  them,  and  at  this  time  under  the  sorrowful  effects  of  their  rebellion  and 
hostilities;"  in  consideration  of  all  which,  the  further  import  of  Indian  slaves 
is  totally  prohibited,  under  pain  of  forfeiture  to  the  crown. 

Cotemporaneously  with  these  prohibitory  acts  of  Pennsylvania  and  Massa 
chusetts,  the  first  extant  slave  law  of  South  Carolina  was  enacted,  June,  1712, 
the  basis  of  the  existing  slave  code  of  that  state.  "Whereas,"  says  the  pre 
amble  of  this  remarkable  statute,  "  the  plantations  and  estates  of  this  province 
can  not  be  well  and  sufficiently  managed  and  brought  into  use  without  the  la 
bor  and  service  of  negro  and  other  slaves ;  and  forasmuch  as  the  said  negroes 
and  other  slaves  brought  unto  the  people  of  this  province  for  that  purpose  are 
of  barbarous,  wild,  savage  natures,  and  such  as  renders  them  wholly  unquali 
fied  to  be  governed  by  the  laws,  customs,  and  practices  of  this  province ;  but 
that  it  is  absolutely  necessary  that  such  other  constitutions,  laws,  and  orders 
should  in  this  province  be  made  and  enacted  for  the  good  regulation  and  or 
dering  of  them  as  may  restrain  the  disorders,  rapine,  and  inhumanity  to  which 
they  are  naturally  prone  and  inclined,  and  may  also  tend  to  the  safety  and  se 
curity  of  the  people  of  this  province  and  their  estates,"  it  is  therefore  enacted 
that  "  all  negroes,  mulattoes,  mestizoes,  or  Indians,  which  at  any  time  hereto 
fore  have  been  sold,  and  now  are  held  or  taken  to  be,  or  hereafter  shall  be 
bought  or  sold  for  slaves,  are  hereby  declared  slaves ;  and  they  and  their  chil 
dren  are  hereby  made  and  declared  slaves  to  all  intents  and  purposes,  except 
ing  all  such  negroes,  mulattoes,  mestizoes,  and  Indians  which  heretofore  have 
been  or  hereafter  shall  be,  for  some  particular  merit,  made  and  declared  free, 
either  by  the  governor  and  council  of  this  province,  pursuant  to  any  act  of  this 
province,  or  by  their  respective  masters  and  owners,  and  also  excepting  all 
such  as  can  prove  that  they  ought  not  to  be  sold  for  slaves." 

Every  person  finding  a  slave  abroad  without  a  pass  was  to  arrest  him  if  pos 
sible,  and  punish  him  on  the  spot  by  "  moderate  chastisement,"  under  a  penalty 
of  twenty  shillings  for  neglecting  it.  All  negro  houses  were  to  be  searched 
once  a  fortnight  for  arms  and  stolen  goods.  A  slave  guilty  of  petty  larceny, 
for  the  first  offense  was  to  be  "  publicly  and  severely  whipped ;"  tor  tne  second 
offense  was  to  have  "one  of  his  ears  cut  off,"  or  be  "branded  in  the  forehead 
with  a  hot  iron,  that  the  mark  thereof  may  remain ;"  for  the  third  offense  was 
to  "have  his  nose  slit;"  for  the  fourth  offense  was  "to  suffer  death,  or  other 
punishment,"  at  the  discretion  of  the  court.  Any  justice  of  the  peace,  on 


SOUTH  CAROLINA.  377 

complaint  against  any  slave  for  any  crime,  from  "chicken  stealing"  up  to  "in 
surrection  "  and  "murder,"  was  to  issue  Ms  warrant  for  the  slave's  arrest,  and, 
if  the  accusation  seemed  to  be  well  founded,  was  to  associate  with  himself  an 
other  justice,  they  two  to  summon  in  three  freeholders.  The  five  together,  or, 
by  an  additional  act,  the  majority  of  them,  satisfactory  evidence  of  guilt  ap 
pearing,  were  to  sentence  the  culprit  to  death,  or  such  lesser  punishment  a:>  the 
offense  might  seem  to  deserve.  In  case  of  lesser  punishment,  "  no  particular 
law  directing  such  punishment"  was  necessary.  In  case  of  death,  "the  kind 
of  death  "  was  left  to  "  the  judgment  and  discretion  "  of  the  court,  execution 
to  be  forthwith  done  on  their  sole  warrant,  the  owner  to  be  indemnified  at  the 
public  charge.  This  summary  form  of  procedure  in  the  trial  of  slaves  remains 
in  force  in  South  Carolina  to  this  day,  and  a  very  similar  form  was  also  adopt 
ed,  and  still  prevails,  in  North  Carolina. 

He  who  enticed  a  slave,  "  by  specious  pretense  of  promising  freedom  in  an 
other  country,"  or  otherwise,  to  leave  the  province,  if  successful,  or  if  caught 
in  the  act,  was  to  suffer  death ;  and  the  same  extreme  penalty  was  to  be  in 
flicted  on  slaves  "running  away  with  intent  to  get  out  of  the  province."  Any 
slave  running  away  for  twenty  days  at  once,  for  the  first  offense  w,as  to  be  "  se 
verely  and  publicly  whipped."  In  case  the  master  neglected  to  inflict  this  pun 
ishment,  any  justice  might  order  it  to  be  inflicted  by  the  constable,  at  the  mas 
ter's  expense.  For  the  second  offense  the  runaway  was  to  be  branded  with 
the  letter  II  on  the  right  cheek.  If  the  master  omitted  it,  he  was  to  forfeit 
£10,  and  any  justice  of  the  peace  might  order  the  branding  done.  For  the 
third  offense,  the  runaway,  if  absent  thirty  days,  was  to  be  whipped,  and  have 
one  of  his  ears  cut  off;  -the  master  neglecting  to  do  it  to  forfeit  £20  ;  any  jus 
tice,  on  complaint,  to  order  it  done  as  before.  For  the  fourth  offense,  the 
runaway,  "if  a  man,  was  to  be  gelt,"  to  be  paid  for  by  the  province  if  he  died 
under  the  operation ;  if  a  woman,  she  was  to  be  severely  whipped,  branded  on 
the  left  cheek  with  the  letter  K,  and  her  left  ear  cut  off.  Any  master  neglect 
ing  for  twenty  days  to  inflict  these  atrocious  cruelties,  was  to  forfeit  his  prop 
erty  in  the  slave  to  any  informer  who  might  complain  of  him  within  six  months. 
Any  captain  or  commander  of  a  company,  "  on  notice  of  the  haunt,  residence, 
and  hiding-place  of  any  runaway  slaves,"  was  "to  pursue,  apprehend,  and  take 
them,  either  alive  or  dead,"  being  in  either  case  entitled  to  a  premium  of  from 
two  to  four  pounds  for  each  slave.  All  persons  wounded  or  disabled  on  such 
expeditions  were  to  be  compensated  by  the  public.  If  any  slave  under  pun 
ishment  "  shall  suffer  in  life  or  member,  which,"  says  the  act,  "  seldom  happens, 
no  person  whatsoever  shall  be  liable  to  any  penalty  therefor."  Any  person 
killing  his  slave  out  of  "wantonness,"  "bloody-mindedness,"  or  "cruel  inten 
tion,"  was  to  forfeit "  fifty  pounds  current  money,"  or,  if  the  slave  belonged  to  an 
other  person,  twenty-five  pounds  to  the  public,  and  the  slave's  value  to  the 
owner.  No  master  was  to  allow  his  slaves  to  hire  their  own  time,  or,  by  a  sup 
plementary  act  two  years  after,  "  to  plant  for  themselves  any  corn,  peas,  or 
rice,  or  to  keep  any  stock  of  hogs,  cattle,  or  horses." 

"  Since  charity  and  the  Christian  religion  which  we  profess,"  says  the  con- 


378  SLAVERY  IN  THE  COLONIES. 

eluding  section  of  this  remarkable  act,  "  obligates  us  to  wish  well  to  the  souls 
of  men,  and  that  religion  may  not  be  made  a  pretense  to  alter  any  man's  pro 
perty  and  right,  and  that  no  person  may  neglect  to  baptize  their  negroes  or 
slaves  for  fear  that  thereby  they  should  be  manumitted  and  set  free,"  "it  shall 
be  and  is  hereby  declared  lawful  for  any  negro  or  Indian  slave,  or  any  other 
slave  or  slaves  whatsoever,  to  receive  and  profess  the  Christian  faith,  and  to 
be  thereunto  baptized ;  but,  notwithstanding  such  slave  or  slaves  shall  receive 
or  profess  the  Christian  religion,  and  be  baptized,  he  or  they  shall  not  thereby 
be  manumitted  or  set  free."* 

In  the  quarter  of  a  century  from  the  English  Revolution  to  the  accession  of 
the  house  of  Hanover,  the  population  of  the  English  colonies  had  doubled. 
The  following  table,  compiled  for  the  use  of  the  Board  of  Trade,  though  proba 
bly  somewhat  short  of  the  truth,  will  serve  to  exhibit  its  distribution  in  1715 : 

Whites.  Negroes.  Total. 

New  Hampshire '. 9,500  150  9,650 

Massachusetts 94,000  2,000  96,000 

Rhode  Island. 8,500  500  9,000 

Connecticut 46,000  1,500  47,000 

New  York 27,000  4,000  31,000 

New  Jersey 21,000  1,500  22,500 

Pennsylvania  and  Delaware 43,300  2,500  45,800 

Maryland ' 40,700  9,500  50,200 

Virginia 72,000  23,000  95,000 

North  Carolina 7,500  3,700  11,200 

South  Carolina 6,250  10,500  16,750 

375,750        58,850      434,600 

By  a  revisal  of  the  Maryland  code,  in  1715,  "all  negroes  and  other  slaves 
already  imported,  or  hereafter  to  be  imported,  and  all  children  now  born,  or 
hereafter  to  be  born  of  such  negroes  and  slaves,  shall  be  slaves  during  their 
natural  lives" — an  act  construed  as  sanctioning  in  Maryland,  though  without 
any  express  provision  to  that  effect,  the  Virginia  rule  of  determining  the  con 
dition  of  the  child  by  that  of  the  mother.  It  was  expressly  provided  that  bap 
tism  should  not  confer  freedom.  The  provisions,  in  a  long  act  on  the  subject 
of  slaves  and  servants,  bear  a  very  strong  resemblance  to  those  of  the  Virginia 
code  ;  but  there  were  some  peculiarities.  "  Any  person  whatsoever  "  traveling 
out  of  the  county  of  his  residence  without  a  pass  under  the  seal  of  the  county, 
might  be  apprehended  and  carried  before  a  magistrate,  and  if  not  sufficiently 
known,  or  unable  to  give  a  good  account  of  himself,  might,  at  the  magistrate's 
discretion,  be  committed  to  jail  for  six  months,  or  until  the  procurement  of  "a 
certificate  or  other  justification  that  he  or  she  is  not  a  servant."  Notwith 
standing  this  certificate,  no  discharge  was  to  be  had  till  the  jailor  was  paid  ten 
pounds  of  tobacco,  or  one  day's  service  for  each  day  of  imprisonment,  and  the 
person  making  the  arrest,  as  a  reward  for  his  trouble,  two  hundred  pounds  of 

*Hildreth'8  History  United  States. 


GEORGIA  SETTLED.  379 

tobacco,  or  twenty  days'  service  !  What  is  much  more  remarkable  than  the 
passage  of  this  statute,  it  remains  unrepealed  to  this  day. 

On  the  banks  of  the  Savannah  a  new  colony  was  planted.  Its  founder  was 
James  Edward  Oglethorpe,  an  officer  of  the  English  army,  and  member  of  the 
House  of  Commons.  Desirous  to  provide  a  place  in  America  for  such  dis 
charged  prisoners  and  others  of  the  suffering  poor  as  might  be  willing  to  com 
mence  there  a  life  of  industry  and  sobriety,  Oglethorpe,  in  conjunction  with 
several  others,  petitioned  the  king  for  a  grant  of  territory.  The  charter  was 
issued  June  9,  1732.  The  right  of  legislation  for  the  province  was  vested  in 
a  board  of  trustees.  Oglethorpe  superintended  in  person  the  planting  of  the 
colony.  The  use  of  rum  was  prohibited ;  and,  the  better  to  exclude  this  source 
of  demoralization,  all  trade  with  the  West  Indies  was  forbidden.  The  trustees 
did  not  wish  to  see  their  province  "  void  of  white  inhabitants,  filled  with  blacks, 
the  precarious  property  of  a  few,  equally  exposed  to  domestic  treachery  and 
foreign  invasion."  They  prohibited  negro  slavery,  not  only  as  unjust  and 
cruel — for  so  it  was  beginning  to  be  esteemed  by  all  the  more  intelligent  and 
humane — but  as  fatal  to  the  interests  of  the  poor  white  settlers,  for  whose 
special  benefit  the  colony  had  been  projected. 

The  city  of  New  York  became,  in  1*741,  the  scene  of  a  cruel  and  bloody 
delusion,  less  notorious,  but  not  less  lamentable  than  the  Salem  witchcraft. 
That  city  then  contained  some  seven  or  eight  thousand  inhabitants,  of  whom 
twelve  or  fifteen  hundred  were  slaves.  Nine  fires  in  rapid  succession,  most  of 
them,  however,  merely  the  burning  of  chimneys,  produced  a  perfect  insanity  of 
terror.  An  indented  servant  woman  purchased  her  liberty  and  secured  & 
reward  of  £100  by  pretending  to  give  information  of  a  plot  formed  by  a 
low  tavern-keeper,  her  master,  and  three  negroes,  to  burn  the  city  and  mur 
der  the  whites.  This  story  was  confirmed  and  amplified  by  an  Irish  prostitute 
convicted  of  a  robbery,  who,  to  recommend  herself  to  mercy,  reluctantly  turned 
informer.  Numerous  arrests  had  been  already  made  among  the  slaves  and  free 
blacks.  Many  others  followed.  The  eight  lawyers  who  then  composed  the 
bar  of  New  York  all  assisted  by  turns  on  behalf  of  the  prosecution.  The 
prisoners,  who  had  no  counsel,  were  tried  and  convicted  upon  most  insufficient 
evidence.  The  lawyers  vied  with  each  other  in  heaping  all  sorts  of  abuse  on 
their  heads,  and  chief-justice  Delancey,  in  passing  sentence,  vied  with  the  law 
yers.  Many  confessed  to  save  their  lives,  and  then  accused  others.  Thirteen 
unhappy  convicts  were  burned  at  the  stake,  eighteen  were  hanged,  and  seventy- 
one  transported. 

The  slow  progress  of  Georgia  for  twenty  years,  furnished  new  proofs,  if 
such  were  needed,  that  the  colonization  of  a  wilderness,  even  with  abundant 
facilities  for  it,  is,  for  the  most  part,  a  tedious  process  ;  and,  when  undertaken 
by  a  company  or  the  public,  very  expensive. 

The  results  of  their  own  idleness,  inexperience,  and  incapacity,  joined  to  the 
inevitable  obstacles  which  every  new  settlement  must  encounter,  were  obstinately 
ascribed  by  the  inhabitants  of  Georgia  to  that  wise  but  ineffectual  prohibition 
of  slavery,  one  of  the  fundamental  laws  of  the  province.  The  convenience  of 


380  SLAVERY  IN  THE  COLONIES. 

the  moment  caused  future  consequences  to  be  wholly  overlooked.  Every  means 
was  made  use  of  to  get  rid  of  this  prohibition.  Even  Whitfield  and  Haber- 
sham,  forgetful  of  their  former  scruples,  strenuously  pleaded  with  the  trustees 
in  favor  of  slavery,  under  the  old  pretense  of ,  propagating  in  that  way  the 
Christian  religion.  "Many  of  the  poor  slaves  in  America,"  wrote  Haber- 
sham,  " have  already  been  made  freemen  of  the  heavenly  Jerusalem."  The 
Salzburgers  for  a  long  time  had  scruples,  but  were  reassured  by  advice  from 
Germany :  "If  you  take  slaves  in  faith,  and  with  intent  of  conducting  them  to 
Christ,  the  action  will  not  be  a  sin,  but  may  prove  a  benediction."  Thus,  as 
usual,  the  religious  sentiment  and  its  most  disinterested  votaries  were  made 
tools  of  by  avarice  for  the  enslavement  of  mankind.  Habersham,  however, 
could  hardly  be  included  in  this  class.  Having  thrown  off  the  missionary,  and 
established  a  mercantile  house  at  Savannah,  the  first,  and  for  a  long  time  the 
only  one  there,  he  was  very  anxious  for  exportable  produce.  The  counselors 
of  Georgia — for  the  president  was  now  so  old  as  to  be  quite  incapacitated  for 
business — winked  at  violations  of  the  law,  and  a  considerable  number  of  negroes 
had  been  already  introduced  from  Carolina  as  hired  servants,  under  indentures 
for  life  or  a  hundred  years.  The  constant  toast  at  Savannah  was,  "  The  one 
thing  needful,"  by  which  was  meant  negroes.  The  leading  men  both  at  New 
Inverness  and  Ebenezer,  who  opposed  the  introduction  of  slavery,  were  tra 
duced,  threatened,  and  persecuted. 

Thus  beset,  the  trustees  yielded  at  last,  in  1750,  on  condition  that  all  masters, 
under  "  a  mulct  of  £5,"  should  be  obliged  to  compel  their  negroes  "to  attend 
at  some  time  on  the  Lord's  day  for  instruction  in  the  Christian  religion  " — the 
origin,  doubtless,  of  the  peculiarly  religious  character  of  the  negroes  in  and 
about  Savannah. 

By  custom,  or  by  statute,  says  Hildreth,  whether  legal  or  illegal,  slavery  ex 
isted  as  a  fact  in  every  one  of  the  Anglo-American  colonies.  The  soil  and 
climate  of  New  England  made  slaves  of  little  value  there  except  as  domestic 
servants.  In  1701,  the  town  of  Boston  had  instructed  its  representatives  in 
the  General  Court  to  propose  "putting  a  period  to  negroes  being  slaves." 
About  the  same  time,  Sewall,  a  judge  of  the  Superior  Court,  aftewards  chief- 
justice  of  Massachusetts,  published  "The  Selling  of  Joseph,"  a  pamphlet 
tending  to  a  similar  end.  But  these  scruples  seem  to  have  been  short-lived. 
With  the  increase  of  wealth  and  luxury,  the  number  of  slaves  increased  also. 
There  were  in  Massachusetts  in  1754,  as  appears  by  an  official  census,  twenty- 
four  hundred  and  forty-eight  negro  slaves  over  sixteen  years  of  age,  about  a 
thousand  of  them  in  Boston — a  greater  proportion  to  the  free  inhabitants 
than  is  to  be  found  at  present  in  the  city  of  Baltimore.  Connecticut  exceeded 
Massachusetts  in  the  ratio  of  its  slave  population,  and  Rhode  Island  exceeded 
Connecticut.  Newport,  grown  to  be  the  second  commercial  town  in  New 
England,  had  a  proportion  of  slaves  larger  than  Boston.  The  harsh  slave- 
laws  in  force  in  the  more  southern  colonies  were  unknown,  however,  in  New 
England.  Slaves  were  regarded  as  possessing  the  same  legal  rights  as  appren 
tices  ;  and  masters,  for  abuse  of  their  authority,  were  liable  to  indictment. 


STATUTES.  381 

Manumissions,  however,  were  not  allowed  except  upon  security  that  the  freed 
slaves  should  not  become  a  burden  to  the  parish. 

In  the  provinces  of  New  York  and  New  Jersey,  negro  slaves  were  employed 
to  a  certain  extent,  not  only  as  domestic  servants,  but  as  agricultural  laborers. 
In  the  city  of  New  York  they  constituted  a  sixth  part  of  the  population.  The 
slave  code  of  that  province  was  hardly  less  harsh  than  that  of  Virginia. 

In  Pennsylvania,  the  number  of  slaves  was  small,  partly  owing  to  the  ample 
supply  of  indented  white  servants,  but  partly,  also,  to  scruples  of  conscience 
on  the  part  of  the  Quakers.  In  the  early  days  of  the  province,  in  1688,  some 
German  Quakers,  shortly  after  their  arrival,  had  expressed  the  opinion  that 
slavery  was  not  morally  lawful.  George  Keith  had  borne  a  similar  testimony: 
but  he  was  disowned  as  schismatic,  and  presently  abandoning  the  society,  was 
denounced  as  a  renegade.  When  Penn,  in  1699,  had  proposed  to  provide  by 
law  for  the  marriage,  religious  instruction,  and  kind  treatment  of  slaves,  he 
met  with  no  response  from  the  Quaker  legislature.  In  1712,  to  a  petition  in 
favor  of  emancipating  the  negroes,  the  Assembly  replied,  "  that  it  was  neither 
just  nor  convenient  to  set  them  at  liberty."  They  imposed,  however,  a  neavy 
duty,  in  effect  prohibitory,  and  intended  to  be  so,  on  the  importation  of  negroes. 
This  act,  as  we  have  seen,  was  negatived  by  the  crown.  The  policy,  however, 
was  persevered  in.  New  acts,  passed  from  time  to  time,  restricted  importa 
tions  by  a  duty  first  of  five,  but  lately  reduced  to  two  pounds  per  head.  The 
Quaker  testimony  against  slavery  was  renewed  by  Sandiford  and  Lay,  who 
brought  with  them  to  Pennsylvania  a  strong  detestation  of  the  system  of 
servitude  which  they  had  seen  in  Barbadoes  in  all  its  rigors.  The  same  views 
began  presently  to  be  perseveringly  advocated  by  Woodman  and  Beriezet, 
whose  labors  were  not  without  effect  upon  the  Quakers,  some  of  whom  set  the 
example  of  emancipating  their  slaves.  Franklin  was  also  distinguished  as  an 
early  and  decided  advocate  for  emancipation.  The  greater  part  of  the  slaves 
of  Pennsylvania  were  to  be  found  in  Philadelphia.  A  fourth  part  of  the  in- 
ha^itauts  of  that  city  were  persons  of  African  descent,  including  many,  how 
ever,  who  had  obtained  their  freedom. 

In  the  tobacco  growing  colonies,  Maryland,  Yirginia,  and  North  Carolina, 
slaves  constituted  a  third  part  or  more  of  the  population.  In  South  Carolina, 
where  rice  was  the  principal  produce,  they  were  still  more  numerous,  decidedly 
outnumbering  the  free  inhabitants. 

The  slave  code  of  South  Carolina,  as  revised  and  reenacted  in  a  statute  still 
regarded  as  having  the  force  of  law,  had  dropped  from  its  phraseology  some 
thing  of  the  extreme  harshness  of  the  former  act.  It  contained,  also,  some 
provisions  for  the  benefit  of  the  slaves,  but,  on  the  whole,  was  harder  than  be 
fore.  "Whereas,"  says  the  preamble  to  the  act  of  1740,  "in  his  majesty's 
plantations  in  America,  slavery  has  been  introduced  and  allowed,  and  the  peo 
ple  commonly  called  negroes,  Indians,  mulattoes,  and  mestizoes  have  been 
deemed  absolute  slaves,  and  the  subjects  of  property  in  the  hands  of  particular 
persons,  the  extent  of  whose  power  over  such  slaves  ought  to  be  settled  and 
limited  by  positive  laws,  so  that  the  slaves  may  be  kept  in  due  subjection  and 


382  SLAVERY  IN  THE  COLONIES. 

obedience,  and  the  owners  and  other  persons  having  the  care  and  government 
of  slaves  may  be  restrained  from  exercising  too  great  rigor  and  cruelty  over 
them,  and  that  the  public  peace  and  order  of  this  province  may  be  preserved," 
it  is  therefore  enacted  that  "  all  negroes,  Indians,  mulattoes,  and  mestizoes 
(free  Indians  in  amity  with  this  government,  and  negroes,  mulattoes,  and  mes 
tizoes  who  are  now  free,  excepted,)  who  now  are  or  shall  hereafter  be  in 
this  province,  and  all  their  issue  and  offspring  born  and  to  be  born,  shall  be, 
and  they  are  hereby  declared  to  be  and  remain  forever  hereafter  absolute 
slaves,  and  shall  follow  the  condition  of  the  mother,  and  shall  be  claimed,  held, 
taken,  reputed,  and  adjudged  in  law  to  be  chattels  personal."  This  provision, 
which  deprives  the  master  of  the  power  of  manumission,  and  subjects  to 
slavery  the  descendant  of  every  slave  woman,  no  matter  how  many  degrees  re 
moved,  nor  who  may  have  been  the  male  ancestor,  nor  what  the  color,  was 
subsequently  adopted  in  the  same  terms  by  the  Georgia  Legislature  as  the  law 
of  that  province.  A  suit  for  freedom  might  be  brought  by  any  white  man  who 
chose  to  volunteer  for  that  purpose  on  behalf  of  any  person  claimed  as  a  slave. 
But  in  all  such  suits,  "  the  burden  of  proofs  shall  lay  upon  the  plaintiff,  and  it  shall 
always  be  presumed  that  every  negro,  Indian,  mulatto,  and  mestizo  is  a  slave, 
unless  the  contrary  can  be  made  to  appear,  the  Indians  in  amity  with  this  gov 
ernment  excepted,  in  which  case  the  burden  of  proof  shall  lie  on  the  defend 
ant."  Masters  were  forbidden  to  allow  their  slaves  to  hire  their  own  time  ;  to 
let  or  hire  any  plantation  ;  to  possess  any  vessel  or  boat ;  to  keep  or  raise  any 
horses,  cattle,  or  hogs ;  to  engage  in  any  sort  of  trade  on  their  own  account ; 
to  be  taught  to  write  ;  or  to  have  or  wear  any  apparel  (except  livery  servants) 
"  finer  than  negro  cloth,  duffils,  kerseys,  osnaburgs,  blue  linen,  check  linen,  or 
coarse  garlix  or  calicoes,  checked  cotton  or  Scotch  plaid ;  "  and  any  constable 
seeing  any  negro  better  clad,  might  seize  the  clothes  and  appropriate  them  to 
his  own  use.  It  was  forbidden  to  work  slaves  on  Sundays,  under  a  penalty  of 
five  pounds ;  for  working  them  more  than  fifteen  hours  daily  in  summer,  and 
fourteen  in  winter,  a  like  penalty  was  imposed.  Upon  complaint  to  any  jus 
tice  that  any  master  does  not  provide  his  slaves  with  sufficient  "  clothing,  cov 
ering,  or  food,"  the  justice  might  make  such  order  in  the  premises  as  he  saw 
fit,  and  fine  the  master  not  exceeding  £20.  "And  whereas  cruelty  is  not  only 
highly  unbecoming  those  who  profess  themselves  Christians,  but  odious  in  the 
eyes  of  all  men  who  have  any  sense  of  virtue  and  humanity,"  the  fine  for  the 
willful  murder  of  a  slave  was  increased  to  £700  currency,  with  incapacity  to 
hold  any  office,  civil  or  military,  and  in  case  of  inability  to  pay  the  fine,  seven 
years'  labor  in  a  frontier  garrison  or  the  Charleston  work-house.  For  killing 
a  slave  in  the  heat  of  passion,  for  maiming,  or  inflicting  any  other  cruel  pun 
ishment  "other  than  by  whipping  or  beating  with  a  horsewhip,  cowskin,  switch, 
or  small  stick,  or  by  putting  in  irons  or  imprisonment,"  a  fine  of  £350  was  im 
posed  ;  and  in  case  of  slaves  found  dead,  maimed,  or  otherwise  cruelly  pun 
ished,  the  masters  were  to  be  held  guilty  of  the  act  unless  they  make  the  con 
trary  appear. 

No  statute  of  North  Carolina  seems  ever  to  have  declared  who  were  or 


STATUTES.  383 

might  be  held  as  slaves  in  that  province,  the  whole  system  being  left  to  rest  on 
usage  or  the  supposed  law  of  England.  But  police  laws  for  the  regulation 
of  slaves  were  enacted  similar  to  those  of  Virginia,  and  the  Virginia  prohibi 
tion  was  also  adopted  of  manumissions,  except  for  meritorious  services,  to  be 
adjudged  by  the  governor  and  council. 

Among  the  ten  acts  of  the  Virginia  revision  rejected  by  the  king  in  1751, 
was  one  "  concerning  servants  and  slaves,"  a  consolidation  and  reenactment 
of  all  the  old  statutes  on  that  subject,  the  substance  of  which  has  been  given 
in  former  pages.  It  appears  from  the  address  of  the  Assembly  to  the  king  on 
the  subject  of  this  veto,  to  have  been  a  standing  instruction  to  the  governor 
not  to  consent  to  the  reenactment  of  any  law  once  rejected  by  the  king,  with 
out  express  leave  first  obtained  upon  representation  of  the  reasons  and  neces 
sity  for  it.  Such  a  representation  was  accordingly  made  by  the  Assembly  as 
to  eight  of  the  ten  rejected  laws.  The  act  concerning  servants  and  slaves  was 
not  of  this  number,  yet  we  find  it  reenacted  within  a  year  after  in  the  very 
same  words.  Why  the  royal  assent  had  been  refused  does  not  appear.  It 
could  hardly  have  been  from  any  scruples  on  the  subject  of  slavery ;  for  among 
the  acts  expressly  approved  was  one  "  for  the  better  government  of  Indians, 
negroes,  and  mulattoes,"  which  provided  that  the  death  of  a  slave  under  ex 
tremity  of  correction  should  not  be  esteemed  murder,  unless  it  were  proved  by 
the  oath  of  at  least  one  "lawful  and  credible  witness"  that  the  slave  was  will 
fully  and  maliciously  killed  ;  persons  indicted  for  the  murder  of  a  slave,  and 
found  guilty  of  manslaughter  only,  to  "incur  no  forfeiture  or  punishment." 
Slaves  set  free  without  leave  from  the  governor  and  council  might  be  sold  at 
auction  by  the  church-wardens  of  any  parish  in  which  such  freed  slave  might 
reside  for  the  space  of  a  month.  The  same  statute  also  continued  the  au 
thority  formerly  given  to  the  county  courts  to  "  dismember  "  disorderly  slaves 
"  notoriously  guilty  of  going  abroad  in  the  night,  or  running  away  and  laying 
out,"  and  not  to  be  reclaimed  by  the  common  methods — an  authority  very 
much  abused,  if  we  may  judge  by  a  subsequent  statute,  1769,  which  declares 
this  dismembering  "  to  be  often  disproportioned  to  the  offense,  and  contrary  to 
the  principles  of  humanity,"  and  prohibits  the  castration  of  slaves  except  on 
conviction  of  an  attempt  to  ravish  a  white  woman. 

The  negroes  imported  from  the  African  coast,  whose  descendants  now  con 
stitute  a  sixth  part  of  the  population  of  the  United  States,  were  not  by  any 
means  of  one  nation,  language,  or  race.  A  single  slave-ship  often  brought  to 
America  a  great  variety  of  languages  and  customs,  a  collection  of  unfortunate 
strangers  to  each  other,  or  perhaps  of  hereditary  enemies,  with  no  common 
bond  except  that  of  servitude.  Hence  a  want  of  unidi  and  sympathy  among 
the  slaves,  which,  joined  to  their  extreme  ignorance  and  simplicity,  prevented 
cooperation,  and  rendered  it  easy  to  suppress  such  outbreaks  as  occasionally 
occurred.  Even  in  complexion  and  physiognomy,  the  most  obvious  character 
istic  of  the  negroes,  there  were  great  differences.  Some  were  of  a  jet  black, 
often  with  features  approaching  the  European  standard ;  others  of  a  mahogany 
or  reddish  black,  with  features  less  shapely  and  regular ;  and  others  yet  of  a 
25 


384  SLAVERY  IN  THE  COLONIES. 

tawny  yellow,  with  flat  noses  and  projecting  jaws — an  ugliness  often,  but  er 
roneously,  esteemed  characteristic  of  all  the  African  races,  but  which  seems  to 
have  been  principally  confined  to  the  low  and  swampy  grounds  about  the  delta 
of  the  Niger.  The  negroes  marked  by  these  shapeless  features  were  noted 
also  for  indomitable  capacity  of  endurance,  and  were  esteemed,  therefore,  the 
best  slaves.  Intermixture  among  themselves,  and  a  large  infusion  of  Euro 
pean  blood,  have  gradually  obliterated  these  differences,  or  made  them  less 
noticeable. 

Contrary  to  what  happened  in  the  West  Indies,  in  the  Anglo-North  Ameri 
can  provinces  the  natural  increase  of  the  slave  population  was  rapid.  The 
women  were  seldom  put  to  the  severer  labors  of  the  field.  The  long  winter 
secured  to  both  sexes  a  season  of  comparative  rest.  Such  was  the  abundance 
of  provisions,  that  it  was  cheaper  to  breed  than  to  buy  slaves.  Those  born  in 
America,  and  reared  up  on  the  plantations,  evidently  surpassed  the  imported 
Africans  both  physically  and  intellectually.  Of  the  imported  slaves  a  few  were 
Mohammedans,  among  whom  were  occasionally  found  persons  of  some  educa 
tion,  who  knew  Arabic,  and  could  read  the  Koran.  But  the  great  mass  were 
pagans,  in  a  condition  of  gross  barbarism.  They  brought  with  them  from 
Africa  many  superstitions,  but  these,  for  the  most  part,  as  well  as  the  negro 
languages,  very  soon  died  out. 

Zealous  for  religion  as  the  colonists  were,  very  little  effort  was  made  to  con 
vert  the  negroes,  owing  partly,  at  least,  to  a  prevalent  opinion  that  neither 
Christian  brotherhood  nor  the  law  of  England  would  justify  the  holding  Chris 
tians  as  slaves.  Nor  could  repeated  colonial  enactments  to  the  contrary  en 
tirely  root  out  this  idea,  for  it  was  not  supposed  that  a  colonial  statute  could 
set  aside  the  law  of  England.  What,  precisely,  the  English  law  might  be  on 
the  subject  of  slavery,  still  remained  a  matter  of  doubt.  Lord  Holt  had  ex 
pressed  the  opinion,  in  1697,  that  slavery  was  a  condition  unknown  to  English 
law,  and  that  every  person  setting  foot  in  England  thereby  became  free. 
American  planters,  on  their  visits  to  England,  accompanied  by  their  slaves, 
seem  to  have  been  annoyed  by  claims  of  freedom  set  up  on  this  ground,  and 
that,  also,  of  baptism.  To  relieve  their  embarrassments,  the  merchants  con 
cerned  in  the  American  trade  had  obtained  a  written  opinion  from  Yorke  and 
Talbot,  in  1729,  the  attorney  and  solicitor  general  of  that  day.  According  to 
this  opinion,  which  passed  for  more  than  forty  years  as  good  law,  not  only  was 
baptism  no  bar  to  slavery,  but  negro  slaves  might  be  held  in  England  just  as 
well  as  in  the  colonies.  The  two  lawyers  by  whom  this  opinion  was  given, 
rose  afterward,  one  of  them  to  be  chief  justice  of  England,  and  both  to  be 
chancelors.  Yorke,  sitting  in  the  latter  capacity  with  the  title  of  Lord  Hard- 
wicke,  had  recognized  the  doctrine  of  that  opinion  as  sound  law  in  1749.  He 
objects  to  Lord  Holt's  doctrine  of  freedom,  secured  by  setting  foot  on  English 
soil,  that  no  reason  could  be  found  "  why  slaves  should  not  be  equally  free 
when  they  set  foot  in  Jamaica  or  any  other  English  plantation."  "All  our 
colonies  are  subject  to  the  laws  of  England,  although  as  to  some  purposes 
they  have  laws  of  their  own."  His  argument  is,  that  if  slavery  be  contrary  to 


REVIEW.  385 

English  law,  no  local  enactments  in  the  colonies  could  give  it  any  validity. 
To  avoid  overturning  slavery  in  the  colonies,  it  was  absolutely  necessary  to 
uphold  it  in  England.  At  a  subsequent  period,  as  stated  in  a  former  chapter, 
the  law  of  England  was  definitively  settled  in  favor  of  liberty,  the  extra-judi 
cial  opinion  of  Talbot  and  Hardwicke  being  set  aside  by  a  solemn  decision  of 
the  King's  Bench. 

The  remaining  exclusive  privileges  of  the  Royal  African  Company  having 
expired,  the  English  government  undertook  to  maintain,  at  their  own  expense 
the  forts  and  factories  on  the  African  coast ;  and  thus  the  slave-trade  was 
thrown  open  to  free  competition.  The  recent  introduction  of  the  cultivation 
of  coffee  into  the  West  ludies,  and  the  increasing  consumption  in  Europe  of 
colonial  produce,  gave  fresh  impulse  to  this  detestable  traffic,  and  it  now  began 
to  be  carried  on  to  an  extent  which  soon  roused  against  it  the  indignant  hu 
manity  of  an  enlightened  age.  The  West  Indies  were  the  chief  market ;  but 
the  imports  to  Virginia  and  the  Carolinas  were  largely  increased.  New  Eng 
land  rum,  manufactured  at  Newport,  was  profitably  exchanged  on  the  coast  of 
Africa  for  negroes,  to  be  sold  in  the  southern  colonies ;  and  vessels  sailed  on 
the  same  business  from  Boston  and  New  York.  The  trade,  however,  was  prin 
cipally  carried  on  by  the  English  merchants  of  Bristol  and  Liverpool.  Except 
in  Pennsylvania,  the  colonial  duties  levied  on  the  import  of  slaves  were  intend 
ed  chiefly  for  revenue.  They  were  classed  in  the  instructions  to  the  royal 
governors  with  duties  on  British  goods,  as  impediments  to  British  commerce 
not  to  be  favored.  On  this  ground  several  of  these  acts  received  the  royal 
veto.  Yet  Virginia  was  allowed  to  impose  such  duties  as  she  pleased,  on  the 
sole  condition  of  making  them  payable  by  the  buyer. 

The  position  of  the  Africans  in  the  colonies  was  disastrous.  Not  only  were 
they  servants  for  life,  which  possibly  the  law  of  England  might  have  counte 
nanced,  but  by  colonial  statute  and  usage  this  servitude  descended  to  their 
children  also.  The  few  sot  free  by  the  good  will  or  the  scruples  of  their  mas 
ters  seemed  a  standing  reproach  to  slavery,  and  an  evil  example  in  the  eyes  of 
the  rest.  They  became  the  objects  of  a  suspicious  legislation,  which  deprived 
them  of  most  of  the  rights  of  freemen,  and  reduced  them  to  a  social  position 
fery  similar,  in  many  respects,  to  that  which  inveterate  prejudice  in  many  parts 
of  Europe  has  fixed  upon  the  Jews.  Hence,  too,  legislative  restraints  on  the 
bounty  or  justice  of  the  master  in  manumitting  his  slave. 

Intermarriage  with  the  inferior  race,  whether  bond  or  free,  was  prohibited 
by  religion  as  a  sin,  by  public  opinion  as  a  shame,  and  by  law  as  a  crime.  But 
neither  law,  gospel,  nor  public  opinion  could  prevent  that  amalgamation  which, 
according  to  all  experience,  inevitably  and  extensively  takes  place  whenever 
two  races  come  into  that  close  juxtaposition  which  domestic  slavery  of  neces 
sity  implies.  Falsehood  and  hypocrisy  took  the  place  of  restraint  and  self- 
denial;  The  Dutch,  French,  Spanish,  and  Portuguese  colonists,  less  filled 
with  pride  of  race,  and  less  austere  and  pretending  in  their  religious  morality, 
esteemed  that  white  man  mean  and  cruel  who  did  not,  so  far  as  his  ability  per 
mitted,  secure  for  his  colored  children  emancipation  and  some  pecuniary  pro- 


• 

I 


386  SLAVERY  IN  THE  COLONIES. 

vision.  Laws  were  even  found  necessary,  in  some  of  those  colonies,  to  limit 
what  was  esteemed  a  superfluity  of  parental  tenderness.  In  the  Anglo-Amer 
ican  colonies  colored  children  were  hardly  less  numerous  But  conventional 
decorum,  more  potent  than  law,  forbade  any  recognition  by  the  father.  They 
followed  the  condition  of  the  mother.  They  were  born,  and  they  remained 
slaves.  European  blood  was  thus  constantly  transferred  into  servile  veins ; 
and  hence,  among  the  slaves  sold  and  bought  to-day  in  our  American  markets, 
may  be  found  the  descendants  of  men  distinguished  in  colonial  and  national 
annals. — Hildreth's  History  United  States. 

In  Massachusetts  a  controversy  arose  as  to  the  justice  and  legality  of  negro 
slavery,  which  was  conducted  by  able  writers.  It  began  about  1766  and  was 
continued  until  1773,  when  the  subject  was  very  warmly  agitated.  In  1767 
and  afterwards,  attempts  were  made  in  the  legislature  to  restrict  the  further 
importation  of  slaves.  It  was  even  questioned  whether,  under  the  laws  of 
Massachusetts,  any  person  could  be  held  as  a  slave.  This  point  was  carried 
before  the  superior  court  in  a  suit  by  a  negro  to  recover  wages  from  his  alleged 
master.  The  negroes  collected  money  among  themselves  to  carry  on  the  suit, 
and  it  terminated  favorably.  Other  suits  were  instituted  between  that  time 
and  the  revolution,  and  the  juries  invariably  gave  their  verdict  in  favor  of  free 
dom.  The  pleas  on  the  part  of  the  masters  were,  that  the  negroes  were  pur 
chased  in  open  market,  and  bills  of  sale  were  produced  in  evidence  ;  that  the 
laws  of  the  province  recognized  slavery  as  existing  in  it,  by  declaring  that  no 
person  should  manumit  his  slave  without  giving  bond  for  his  maintenance,  &c. 
On  the  part  of  the  blacks,  it  was  pleaded  that  the  royal  charter  expressly  de 
clared  all  persons  born  or  residing  in  the  province  to  be  as  free  as  the  king's 
subjects  in  Great  Britain ;  that,  by  the  law  of  England,  no  subject  could  be 
deprived  of  his  liberty  but  by  the  judgment  of  his  peers ;  that  the  laws  of  the 
province  respecting  an  evil,  and  attempting  to  mitigate  or  regulate  it,  did  not 
authorize  it ;  and  on  some  occasions  the  plea  was,  that  though  the  slavery  of 
the  parents  were  admitted,  yet  no  disability  of  that  kind  could  descend  to  the 
children.  * 

The  view  taken  by  the  Massachusetts  juries,  was  sanctioned  about  the  same 
time  in  England  by  a  solemn  decision  of  the  court  of  king's  bench,  in  the  cel 
ebrated  case  of  James  Somersett,  mentioned  in  a  former  chapter.  Being 
brought  before  Lord  Mansfield  on  a  writ  of  habeas  corpus,  his  case  was  re 
ferred  to  the  full  court.  After  the  argument,  Lord  Mansfield  said  :  "In  five 
or  six  cases  of  this  nature,  I  have  known  it  accommodated  by  agreement  be 
tween  the  parties.  On  its  first  coming  before  me  I  strongly  recommended  it 
here.  But  if  the  parties  will  have  it  decided,  we  must  give  our  opinion. 
Compassion  will  not  on  the  one  hand,  nor  inconvenience  on  the  other,  be  to 
decide,  but  the  law."  "  The  question  now  is,  whether  any  dominion,  authority, 
or  coercion  can  be  exercised  in  this  country  on  a  slave  according  to  the  Amer 
ican  laws.  The  difficulty  of  adopting  the  relation,  without  adopting  it  in  all 

*  Belknap  in  Massachusetts  Historical  Collections. 


MANSFIELD'S  DECISION.  387 

• 

its  consequences,  is  indeed  extreme  ;  yet  many  of  those  consequences  are 
absolutely  contrary  to  the  municipal  law  of  England.  On  the  other 
hand,  should  we  think  the  coercive  power  cannot  be  exercised,  it  is 
now  about  fifty  years  since  the  opinion"  to  the  contrary  "by  two  of  the 
greatest  men  of  their  own  or  any  time. "  This  referred  to  the  opinion  of  Yorke 
and  Talbot,  subsequently  recognized  as  law  by  Lord  Hardwicke,  sitting  as 
chancelor.  "  The  setting  fourteen  or  fifteen  thousand  men  " — the  estimated 
number  of  negro  slaves  in  England —  "at  once  loose  by  a  solemn  opinion,  is 
very  disagreeable  in  the  effects  it  threatens."  But  "if  the  parties  will  have 
judgment,  fiat  justitia  ruat  ccelum,  let  justice  be  done,  whatever  be  the  con 
sequence.  Fifty  pounds  may  not  be  a  high  price ;  then  a  loss  follows  to  the 
proprietors  of  above  £700,000  sterling.  How  would  the  law  stand  in  respect 
to  their  settlement — their  wages  ?  How  many  actions  for  any  slight  coercion 
by  the  master  ?  We  can  not  in  any  of  these  points  direct  the  law,  the  law 
must  direct  us." 

Afterward,  in  giving  judgment,  June  22,  1772,  Lord  Mansfield  said: 
"The  only  question  before  us  is  whether  the  cause  on  the  return  is  sufficient. 
If  it  is,  the  negro  must  be  remanded ;  if  it  is  not,  he  must  be  discharged. 
The  return  states  that  the  slave  departed,  and  refused  to  serve,  whereupon  he 
was  kept  to  be  sold  abroad.  So  high  an  act  of  dominion  must  be  recognized 
by  the  law  of  the  country  where  it  is  used.  The  power  of  a  master 
over  his  slave  has  been  exceedingly  different  in  different  countries.  The 
state  of  slavery  is  of  such  a  nature  that  it  is  incapable  of  being  introduced  on 
any  reasons  moral  or  political,  but  only  by  positive  law,  which  preserves  its 
force  long  after  the  reasons,  ocoaaions,  and  time  itself  from  whence  it  was  creat 
ed  is  erased  from  memory.  It  is  so  odious  that  nothing  can  be  suffered  to  sup 
port  it  but  positive  law.  Whatever  inconveniences,  therefore,  may  follow  from 
the  decision,  I  can  not  say  this  case  is  allowed  or  approved  by  the  law  of  Eng 
land,  and  therefore  the  black  must  be  discharged." 

The  continental  congress  which  assembled  in  Philadelphia  in  1784,  made  a 
declaration  of  coionial  right-j.  As  means  of  enforcing  this  claim  of  rights, 
fourteen  articles  were  agreed  to  to  form  the  basis  of  an  "American  Associa 
tion,"  and  in  or>e  of  these;  articles  the  slave-trade  was  especially  denounced ; 
and  ent;~e  frlxtirwci  from  it,  and  from  any  trade  with  those  concerned  in  it, 
fbriwsd  f  »r»fr  <f  tV  wroeiation. 


' 


388  SLAVERY  UNDER  THE  CONFEDERATION. 

CHAPTER    XXII. 

SLAVERY  UNDER  THE  CONFEDERATION. — EMANCIPATION  BY  THE  STATES. 

Number  of  Slaves  in  the  United  States  at  the  period  of  the  declaration  of  Independ 
ence. — Proportion  in  each  of  the  thirteen  States. — Declaration  against  slavery  in  the 
State  Constitution  of  Delaware. — Constitutions  of  Massachusetts  and  New  Hampshire 
held  to  prohibit  slavery,  by  Supreme  Courts,  1783. — Act  of  Pennsylvania  Assembly, 
1780,  forbids  introduction  of  slaves,  and  gives  freedom  to  all  persons  thereafter  born 
in  that  State. — A  similar  law  enacted  in  Connecticut  and  Rhode  Island,  1784. — Vir 
ginia  Assembly  prohibits  further  introduction  of  slaves,  1778,  and  emancipation  en 
couraged,  1782. — Maryland  enacts  similar  laws,  1783. — Opinions  of  Washington,  Jef 
ferson,  and  Patrick  Henry. — New  York  and  New  Jersey  prohibit  further  introduction 
of  slaves. — North  Carolina  declares  further  introduction  of  slaves  highly  impolitic, 
1786. — Example  of  other  States  not  followed  by  Georgia  and  South  Carolina. — Action 
of  Congress  on  the  subject  of  the  Territories,  1784. — Jefferson's  provision  excluding 
slavery,  struck  out  of  ordinance. — Proceedings  of  1787. — Ordinance  for  the  govern 
ment  of  the  territory  north-west  of  the  Ohio,  including  Jefferson's  provision  prohibit 
ing  slavery,  passed  by  unanimous  vote. 


T 


HE  number  of  slaves  in  the  United  States  at  the  time  of  the  Declaration 
of  Independence  has  been  estimated  at  half  a  million.  The  following  table 
exhibits  their  numbers  in  each  state.  It  appears  that  slavery  existed  in  all  of 
the  thirteen  states  at  the  commencement  of  the  revolutionary  war ;  but  shortly 
after  its  close,  as  we  shall  see  hereafter,  slavery  and  the  slave-trade  were  abol 
ished  in  some  of  the  states  : 

NUMBER  OF  SLAVES  IN  THE  UNITED  STATES  IN  1776. 

•i*?  *f  •  ,  •  '"• 

Massachusetts 3,500  Delaware 9,000 

Rhode  Island 4,373  Maryland 80,000 

Connecticut 5,000  Virginia 165,000 

New  Hampshire 629  North  Carolina 75,000 

New  York 15,000  South  Carolina 110,000 

New  Jersey 7,600  Georgia 16,000 

Pennsylvania  ..f,,:fy^t. 10,000 

No  distinct  provision  on  the  subject  of  slavery  appears  in  any  of  the  state 
constitutions  of  the  period,  except  in  that  of  Delaware,  which  provided  "that 
no  person  hereafter  imported  from  Africa  ought  to  be  held  in  slavery  under 
any  pretense  whatever ; "  and  that  "  no  negro,  Indian,  or  mulatto  slave  ought 
to  be  brought  into  this  state  for  sale  from  any  part  of  the  world. " 

Legal  proceedings  commenced  in  Massachusetts  prior  to  the  revolution  to 
test  the  legality  of  slavery  there,  and  though  resulting  in  favor  of  the  claim 
ants  of  freedom,  failed,  however,  to  produce  a  general  emancipation.  Some 
attempts  made  at  the  commencement  of  the  revolution  to  introduce  the  sub 
ject  into  the  provincial  Congress  of  Massachusetts  were  defeated ;  and  that 
body  seemed  to  recognize  the  legality  of  slavery  by  a  resolution  that  no  negro 
slave  should  be  enlisted  in  the  army.  In  1777.,  a  prize  ship  from  Jamaica,  with 
several  slaves  on  board,  was  brought  into  Salem  by  a  privateer.  The  slaves 
were  advertised  for  sale ;  but  the  General  Court  interfered,  and  they  were  set 
at  liberty.  The  declaration,  presently  inserted  into  the  Massachusetts  Bill  of 


EMANCIPATION.  339 

Rights,  that  "  all  men  are  born  free  and  equal,"  was  held  by  the  supreme 
court  of  that  state  to  prohibit  slavery.  So  it  was  decided  in  1783,  upon  an 
indictment  for  assault  and  battery  against  a  master  for  beating  his  alleged 
slave.  A  similar  clause  in  the  second  constitution  of  New  Hampshire  was 
lield  to  guarantee  personal  freedom  to  all  born  in  that  state  after  its  adoption. 

An  act  of  the  Pennsylvania  Assembly  of  1180,  passed  principally  through 
the  efforts  of  George  Bryan,  and  a  little  prior  in  date  to  the  ratification  of  the 
constitution  of  Massachusetts,  forbade  the  further  introduction  of  slaves, 
and  gave  freedom  to  all  persons  thereafter  born  in  that  state.  Moderate  as 
it  was,  this  act  did  not  pass  without  a  good  deal  of  opposition.  Several  mem 
bers  of  Assembly  entered  a  protest  against  it,  acknowledging,  indeed,  "  the 
humanity  and  justice  of  manumitting  slaves  in  time  of  peace,"  but  denouncing 
the  present  act  as  "imprudent"  and  "premature,"  and  likely  to  have,  by  way 
of  example,  a  most  dangerous  effect  on  the  southern  states,  whither  the  seat  of 
war  seemed  about  to  be  transferred.  In  1784,  laws  similar  to  that  of  Penn 
sylvania  were  enacted  in  Connecticut  and  Rhode  Island. 

The  Virginia  Assembly,  on  the  motion  of  Jefferson,  prohibited,  in  1778, 
the  further  introduction  of  slaves.  In  1782,  the  old  colonial  statute  was  re 
pealed,  which  forbade  emancipations  except  for  meritorious  services,  to  be  ad 
judged  by  the  governor  and  council.  This  repeal  remained  in  force  for  ten 
years,  during  which  period  private  emancipations  were  very  numerous.  But 
for  the  subsequent  reenactment  of  the  old  restrictions,  the  free  colored  popu 
lation  of  Virginia  might  now  have  exceeded  the  slaves.  Maryland  followed 
Hie  footsteps  of  Virginia  both  in  prohibiting  the  further  introduction  of  slaves 
and  in  removing  the  restraints  on  emancipation. 

That  feeling  which  led  in  New  England  and  Pennsylvania  to  the  legal  abo 
lition  of  slavery,  was  strongly  responded  to  by  the  most  illustrious  and  enlight 
ened  citizens  of  Maryland  and  Yirginia.  JEFFERSON  denounced  the  whole  sys 
tem  of  slavery,  in  the  most  emphatic  terms,  as  fatal  to  manners  and  industry, 
and  endangering  the  very  principles  on  which  the  liberties  of  the  state  were 
founded — "  a  perpetual  exercise  of  the  most  unremitting  despotism  on  the  one 
part,  and  degrading  submission  on  the  other."  Similar  sentiments  were  en 
tertained  and  expressed  by  PATRICK  HENRY.  "Would  any  one  believe,"  he 
wrote,  "  that  I  am  a  master  of  slaves  of  my  own  purchase  ?  I  am  drawn  along 
by  the  general  inconvenience  of  living  here  without  them.  I  will  not — I  can 
not  justify  it !  I  believe  a  time  will  come  when  an  opportunity  will  be  offered 
to  abolish  this  lamentable  evil.  Every  thing  we  can  do  is  to  improve  it,  if  it 
happens  in  our  day ;  if  not,  let  us  transmit  to  our  descendants,  together  with 
our  slaves,  a  pity  for  their  unhappy  lot,  and  an  abhorrence  of  slavery."  WASH 
INGTON  avowed  to  all  his  correspondents  "  that  it  was  among  his  first  wishes  to 
see  some  plan  adopted  by  which  slavery  may  be  abolished  by  law."  But  these 
generous  sentiments  were  confined  to  a  few  liberal  and  enlightened  men.  The 
uneducated  and  unreflecting  mass  did  not  sympathize  with  them.  JEFFERSON, 
in  his  old  age,  in  a  letter  on  this  subject,  says  :  "From  those  of  a  former  gen 
eration,  who  were  in  the  fullness  of  age  when  I  came  into  public  life,  I  soon 


SLAVERY  UNDER  THE  CONFEDERATION. 

*t 

saw  that  nothing  was  to  be  hoped.  Nursed  and  educated  in  the  daily  habit  of 
seeing  the  degraded  condition,  both  bodily  and  mental,  of  those  unfortunate 
beings,  not  reflecting  that  that  degradation  was  very  much  the  work  of  them 
selves  and  their  fathers,  few  had  yet  doubted  that  they  were  as  legitimate  sub 
jects  of  property  as  their  horses  and  cattle.  The  quiet  and  monotonous  course 
of  colonial  life  had  been  disturbed  by  no  alarm  and  little  reflection  on  the  value 
of  liberty,  and  when  alarm  was  taken  at  an  enterprise  on  their  own,  it  was  not 
easy  to  carry  them  the  whole  length  of  the  principles  which  they  invoked  for 
themselves.  In  the  first  or  second  session  of  the  legislature  after  I  became  a 
member,  I  drew  to  this  subject  the  attention  of  Colonel  Bland,  one  of  the  oLl- 
est,  ablest,  and  most  respectable  members,  and  he  undertook  to  move  for  cer 
tain  moderate  extension  of  the  protection  of  the  laws  to  these  people.  I  sec 
onded  his  motion,  and,  as  a  younger  member,  was  more  spared  in  the  debate ; 
but  he  was  denounced  as  an  enemy  to  his  country,  and  was  treated  with  tv*e 
greatest  indecorum."  With  the  advance  of  the  revolution,  the  sentiments  <M 
Jelferson  made  a  certain  progress,  resulting  in  the  prohibition  of  the  slave- 
trade  and  the  freedom  of  emancipations,  already  mentioned ;  yet,  though  the 
constitution  of  Virginia  declared  life,  liberty,  and  property  to  be  unalienable 
rights,  no  legal  restraint  was  placed  upon  the  exorbitant  and  despotic  power 
hitherto  exercised  over  those  held  as  slaves  ;  and  Washington,  in  1785,  com 
plained  in  a  letter  to  La  Fayette  that  some  "  petitions  for  the  abolition  of  slav 
ery,  presented  to  the  Yirginia  Legislature,  could  scarcely  obtain  a  hearing." 

New  York  and  New  Jersey  followed  the  example  of  Virginia  and  Mary 
land  in  prohibiting  the  further  introduction  of  slaves — a  prohibition  extend 
ed  to  the  domestic  as  well  as  to  the  African  slave  trade.  Neither  of  these  states, 
however,  declared  a  general  emancipation  until  many  years  thereafter.  Slav 
ery  did  not  wholly  cease  in  New  York  until  about  1830,  and  in  New  Jersey  a 
few  years  later. 

The  same  generous  sentiments  had  penetrated  also  into  North  Carolina,  es 
pecially  among  the  Quaker  population ;  but  the  legislators  of  that  state  did 
not  fully  sympathize  with  them.  Complaining  of  the  frequency  and  danger  of 
freedom  given  to  slaves,  the  Assembly  of  1777  reenacted  the  old  restrictive  law 
on  the  subject,  with  this  modification,  that,  instead  of  the  governor  and  coun 
cil,  the  consent  of  the  county  court  was  made  necessary  to  emancipations  ;  and 
all  negroes  emancipated  without  that  consent  were  ordered  to  be  resold  into 
slavery.  Yet  in  1786,  by  an  act  which  declared  the  introduction  of  slaves  in 
to  the  state  to  be  "of  evil  consequences  and  highly  impolitic,"  a  duty  of  £5 
per  head  was  imposed  upon  all  future  importations.  South  Carolina  and 
Georgia  omitted  to  follow  the  example  of  the  other  states  in  enacting  laws  to 
prevent  or  restrict  the  further  introduction  of  slaves.  So  long,  however,  as 
the  war  lasted,  an  effectual  stop,  so  far  as  importations  from  Africa  were  con 
cerned,  was  put  to  that  detestable  traffic.  Congress,  indeed,  never  abrogated 
that  part  of  the  American  Association  by  which  the  African  slave-trade  was 
totally  renounced. 

The  disposition  of  the  territories  belonging  to  the  thirteen  recent  colonies, 


THE  TERRITORIES. 

now  confederated  as  independent  states,  became  a  subject  of  solicitude  in  the 
states  and  in  Congress.  By  the  terms  of  their  charters,  some  of  the  colonies 
had  an  indefinite  extension  westwardly,  and  were  only  limited  by  the  power 
o~f  the  grantor.  Many  of  these  charters  conflicted  with  each  other — the  same 
territory  being  included  within  the  limits  of  two  or  more  totally  distinct  colo 
nies.  As  the  expenses  of  the  revolutionary  struggle  began  to  bear  heavily  on 
the  resources  of  the  states,  it  was  keenly  felt  by  some  that  their  share  in  the 
advantages  of  the  expected  triumph  would  be  less  than  that  of  others.  Mass 
achusetts,  Connecticut,  New  York,  Virginia,  North  Carolina,  and  Georgia, 
laid  claim  to  spacious  dominions  outside  of  their  proper  boundaries ;  while 
New  Hampshire,  (save  in  Vermont,)  Rhode  Island,  New  Jersey,  Maryland, 
Delaware,  and  South  Carolina,  possessed  no  such  boasted  resources  to  meet 
the  war-debts  constantly  augmenting.  They  urged,  therefore,  with  obvious 
justice,  that  these  unequal  advantages  ought  to  be  surrendered,  and  all  the 
lands  within  the  territorial  limits  of  the  Union,  but  outside  of  the  proper  and 
natural  boundaries  of  the  several  states,  respectively,  should  be  ceded  to,  and 
held  by,  Congress,  in  trust  for  the  common  benefit  of  all  the  states,  and  their 
proceeds  employed  in  satisfaction  of  the  debts  and  liabilities  of  the  Confedera 
tion.  This  reasonable  requisition  was  ultimately,  but  with  some  reservations, 
responded  to.  Virginia  reserved  a  sufficiency  beyond  the  Ohio  to  furnish  the 
bounties  promised  to  her  revolutionary  officers  and  soldiers.  Connecticut,  a 
western  reserve,  since  largely  settled  from  the  parent  state.  Massachusetts  re 
served  five  millions  of  acres,  located  in  Western  New  York,  which  she  claimed 
to  be  entitled  by  her  charter  to  own.  In  either  of  these  cases,  the  fee  only  was 
reserved,  the  sovereignty  being  surrendered. 

The  cessions  were  severally  made  during,  or  directly  after  the  close  of  the 
revolutionary  war.  And  one  of  the  most  obvious  duties  devolved  on  the 
Continental  Congress,  which  held  its  sessions  in  Philadelphia  directly  after  the 
dose  of  that  exhausting  struggle,  was  the  framing  of  an  act  or  ordinance  for 
the  government  of  the  vast  domain  thus  committed  to  its  care  and  disposal. 

The  responsible  duty  of  framing  this  ordinance  was  devolved  by  Congress 
on  a  select  committee,  consisting  of  Mr.  Jefferson  of  Va.,  (chairman,)  Chase 
of  Md.,  and  Ho  well  of  R.  I. ;  who  in  due  time  reported  a  plan  for  the  gov 
ernment  of  the  western  territory,  contemplating  the  whole  region  included 
within  our  boundaries  west  of  the  old  thirteen  states,  and  as  far  south  as  our 
81st  degree  of  north  latitude  ;  territory  as  yet  partially  ceded  to  the  Confed 
eration,  but  which  was  expected  to  be  so,  and  embracing  several  of  our  pres 
ent  slave  states.  This  plan  contemplated  the  ultimate  division  of  this  terri 
tory  into  seventeen  states,  eight  of  them  situated  below  the  parallel  of  the 
Falls  of  the  Ohio,  (now  Louisville,)  and  nine  above  it.  Among  other  rules  re 
ported  from  this  committee  by  Mr.  Jefferson,  for  the  government  of  this  vast 
region,  was  the  following : 

"  That  after  the  year  1800,  of  the  Christian  era,  there  shall  be  neither  slavery 
nor  involuntary  servitude  in  any  of  the  said  states,  otherwise  than  in  punishment 
of  crimes  whereof  the  party  shall  have  been  convicted  to  be  personally  guilty." 


392  THE  SLAVE  TRADE. 

Congress  having  the  aforesaid  report  under  consideration,  April  19,  1784, 
Mr.  Spaight,  of  N.  C.,  moved  the  striking  out  of  the  above  paragraph.  Mr. 
Read,  of  S.  C.,  seconded  the  motion.  The  ayes  and  nays,  being  required  by 
Mr.  Ho  well,  were  ordered,  and  put  in  this  form — "  Shall  the  words  moved  to 
be  stricken  out  stand  ?" 

The  question  was  lost,  and  the  words  were  struck  out,  although  six  states 
voted  aye  to  only  three  nay  ;  and  though  of  the  members  present,  fifteen  voted 
for,  to  six  against,  Mr.  Jefferson's  proposition.  But  the  articles  of  confedera 
tion  required  a  vote  of  nine  states  to  carry  a  proposition  ;  and,  failing  to  re 
ceive  so  many,  this  comprehensive  exclusion  of  slavery  from  the  federal  terri 
tories  was  defeated.  The  ordinance,  thus  depleted,  after  undergoing  some  fur 
ther  amendments,  was  finally  approved,  April  23d — all  the  delegates,  but  those 
from  South  Carolina,  voting  in  the  affirmative. 

In  1787,  the  last  Continental  Congress,  sitting  in  New  York  simultaneously 
with  the  Convention  at  Philadelphia  which  framed  our  Federal  Constitution, 
took  up  the  subject  of  the  government  of  the  western  territory,  raising  a  com 
mittee  thereon,  of  which  Nathan  Dane,  of  Massachusetts,  was  chairman.  That 
committee  reported  (July  llth)  "  An  Ordinance  for  the  government  of  the  Ter 
ritory  of  the  United  States,  Northwest  of  the  Ohio  " — the  larger  area  contem 
plated  by  Mr.  Jefferson's  bill  not  having  been  ceded  by  the  southern  states 
claiming  dominion  over  it.  This  bill  embodied  many  of  the  provisions  origi 
nally  drafted  and  reported  by  Mr.  Jefferson,  but  with  some  modifications,  and 
concludes  with  six  unalterable  articles  of  perpetual  compact,  the  last  of  them 
as  follows  :  •  . ,  jg^ 

"  There  shall  be  neither  slavery  nor  involuntary  servitude  in  the  said  terri 
tory,  otherwise  than  in  punishment  of  crimes,  whereof  the  parties  shall  be  duly 
convicted."  .  *»  £ 

To  this  was  added,  prior  to  its  passage,  the  stipulation  for  the  delivery  of 
fugitives  from  labor  or  service,  soon  after  embodied  in  the  Federal  Constitu 
tion  ;  and  in  this  shape,  the  entire  ordinance  was  adopted  (July  13th)  by  a 
unanimous  vote,  Georgia  and  the  Carolinas  concurring. 
A-  •    *  -':'  '-fc  • 


CHAPTER     XXIII. 


FORMATION  OF  THE  CONSTITUTION — SLAVERY  COMPROMISES. 

Convention  assembles  at  Philadelphia,  1787. — Proceedings  in  reference  to  the  slave  basis 
of  representation,  the  second  compromise  of  the  Constitution. — Debate. — Remarks  of 
Patterson,  Wilson,  King,  Gouverneur  Morris,  and  Sherman. — Debate  on  the  Importa 
tion  of  slaves,  by  Rutledge,  Ellsworth,  Sherman,  C.  Pinckney. — Denunciation  of 
slavery  by  Mason  of  Virginia. — The  third  Compromise,  the  continuance  of  the  African 
slave-trade  for  twenty  years,  and  the  unrestricted  power  of  Congress  to  enact  Naviga 
tion  laws. 

J.  HE  convention  of  delegates  from  the  several  states  to  revise  the  Articles 
of  Confederation,  was  legally  assembled  at  Philadelphia,  in  1787,  and  appoint- 


til 


CAPITOL— RALEIGH. 


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"V  - ; 

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*  •*.- 


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,  r • 

'  *••* 


SLAVERY  COMPROMISES.  393 

ed  George  Washington  its  President.  The  result  of  its  labors  was  the  forma 
tion  of  the  present  Constitution  of  the  United  States,  though  some  amend 
ments  were  afterwards  made. 

The  fourteenth  of  May  was  the  day  appointed  for  the  meeting  of  the  con 
vention  ;  but  seven  states  were  not  present  till  eleven  days  later,  when  the 
convention  assembled  in  the  chamber  of  the  State  House  in  Philadelphia,  in 
which  the  Continental  Congress,  while  resident  in  that  city,  had  been  accus 
tomed  to  hold  its  sessions,  and  in  which  the  independence  of  the  United  States 
had  been  declared.  Washington  was  a  member,  and  so  was  Franklin,  for  the 
two  years  since  his  return  from  Europe  president  of  Pennsylvania.  As  Frank 
lin  could  be  the  only  competitor  for  the  place  of  president  of  the  convention, 
the  nomination  of  Washington  came  gracefully  from  Robert  Morris,  on  behalf 
of  the  Pennsylvania  delegation.  A  secretary  was  chosen,  and  a  committee 
appointed  to  report  rules  of  proceeding. 

Upon  the  report  of  this  committee  rules  were  adopted,  copied  chiefly  from 
those  of  Congress.  As  in  Congress,  each  state  was  to  have  one  vote ;  seven 
states  were  to  constitute  a  quorum  ;  all  committees  were  to  be  appointed  by 
ballot ;  the  doors  were  to  be  closed,  and  an  injunction  of  secrecy,  never  re 
moved,  was  placed  on  the  debates.  The  members  were  not  even  allowed  to 
take  copies  of  the  entries  on  the  journal. 

Eleven  states  were  soon  represented  by  about  fifty  delegates  from  among 
the  most  illustrious  citizens  of  the  states — men  highly  distinguished  for  talents, 
character,  practical  knowledge,  and  public  services.  The  aged  Franklin  had 
sat  in  the  Albany  convention  of  1154,  in  which  the  first  attempt  had  been 
made  at  colonial  union.  Dickinson,  who  sat  in  the  present  convention  as  one 
of  the  members  from  Delaware,  William  S.  Johnson,  of  Connecticut,  and  John 
Rutledge,  of  South  Carolina,  had  participated  in  the  Stamp  Act  Congress  of 
1765.  Besides  Washington,  Dickinson,  and  Rutledge,  who  had  belonged  to 
the  Continental  Congress  of  1774,  there  were  also  present,  from  among  the 
members  of  that  body,  Roger  Sherman,  of  Connecticut,  William  Livingston, 
governor  of  New  Jersey,  George  Read,  of  Delaware,  and  George  Wythe,  of 
Virginia ;  and  of  the  signers  of  the  Declaration  of  Independence — besides 
Franklin,  Read,  Wythe,  and  Sherman — Elbridge  Gerry,  of  Massachusetts,  and 
Robert  Morris,  George  Clymer,  and  James  Wilson,  of  Pennsylvania.  Eigh 
teen  members  were  at  the  same  time  delegates  to  the  Continental  Congress  ; 
and  of  the  whole  number  there  were  only  twelve  who  had  not  sat  at  some  time 
in  that  body.  The  officers  of  the  revolutionary  army  were  represented  by 
Washington,  Mifflin,  Hamilton,  and  Charles  Cotesworth  Pinckney,  who  hu  1 
been  colonel  of  one  of  the  South  Carolina  regiments,  and  at  one  time  an  aiu  • 
de-camp  to  Washington.  Of  those  members  who  had  come  prominently  for 
ward  since  the  declaration  of  independence,  the  most  conspicuous  were  Ham 
ilton,  Madison,  and  Edmund  Randolph,  who  had  lately  succeeded  Patrick 
Henry  as  governor  of  Virginia.  The  members?  who  took  the  leading  part  in 
the  debates  were  Madison,  Mason,  and  Randolph,  of  Virginia ;  Gerry,  Gor- 
ham,  and  King,  of  Massachusetts  ;  Wilson,  Gouverneur  Morris,  and  Franklin, 


394  FORMATION  OF  TIIE  CONSTITUTION. 

_;  A*i 
of  Pennsylvania  ;  Johnson,  Sherman,  and  Ellsworth,  of  Connecticut  ;  Hamil 

ton  and  Lansing,  of  New  York  ;  Charles  Cotesworth  Pinckney  and  Charles 
Pinckney,  of  South  Carolina  —  the  latter  chosen  governor  of  that  State  the 
next  year  ;  Patterson,  of  New  Jersey  ;  Martin,  of  Maryland  ;  Dickinson,  of 
Delaware  ;  and  Williamson,  of  North  Carolina. 

In  settling  a  rule  of  apportionment,  several  questions  were  to  be  considered. 
What  should  be  the  number  of  representatives  in  the  first  branch  of  the  legis 
lature  ?  Ought  the  number  from  each  state  to  be  fixed,  or  to  increase  with 
the  increase  of  population  ?  Ought  population  alone  to  be  the  basis  of  appor 
tionment  ?  or  should  property  be  taken  into  account  ?  Whatever  rule  might 
be  adopted,  no  apportionment  founded  upon  population  could  be  made  until 
an  enumeration  of  the  inhabitants  should  have  been  taken.  The  number  of 
representatives  was,  therefore,  for  the  time  being,  fixed  at  sixty-five,  and  ap 
portioned  as  directed  by  the  constitution,  Art.  I.  sec.  2, 

In  establishing  a  rule  of  future  apportionment,  great  diversity  of  opinion 
was  expressed.  Although  slavery  then  existed  in  all  the  states  except  Massa 
chusetts,  the  great  mass  of  the  slave  population  was  in  the  southern  states. 
These  states  claimed  a  representation  according  to  numbers,  bond  and  free, 
while  the  northern  states  were  in  favor  of  a  representation  according  to  the 
number  of  free  persons  only.  This  rule  was  forcibly  urged  by  several  of  the 
northern  delegates.  Mr.  Patterson,  of  New  Jersey,  regarded  slaves  only  as 
property.  They  were  not  represented  in  the  states  ;  why  should  they  be  in 
the  general  government  ?  They  were  not  allowed  to  vote  ;  why  should  they 
be  represented  ?  It  was  aa  encouragement  of  the  slave-trade.  Said  Mr. 
Wilson,  of  Pennsylvania  :  "  Are  they  admitted  as  citizens  ?  then  why  not  on 
an  equality  with  citizens  ?  Are  they  admitted  as  property  ?  then  why  is  not 
other  property  admitted  into  the  computation  ?  "  A  large  portion  of  the 
members  of  the  convention,  from  both  sections  of  the  Union,  aware  that  neither 
extreme  could  be  carried,  favored  the  proposition  to  count  the  whole  number 
of  free  citizens  and  three-fifths  of  all  others. 

Prior  to  this  discussion,  a  select  committee,  to  whom  this  subject  had  been 

eferred,  had  reported  in  favor  of  a  distribution  of  the  members  on  the  basis 
of  wealth  and  numbers,  to  be  regulated  by  the  legislature.  Before  the  question 
was  taken  on  this  report,  a  proviso  was  moved  and  agreed  to,  that  direct  taxes 

hould  be  in  proportion  to  representation.  Subsequently  a  proposition  was 
moved  for  reckoning  three-fifths  of  the  slaves  in  estimating  taxes,  and  making 
j&y  Jon  the  basis  of  representation,  which  was  adopted  ;  New  Jersey  and 
I/olaware  against  it,  Massachusetts  and  South  Carolina  divided  ;  New  York 
not  represented,  her  three  delegates  being  all  absent 
To  render  the  constitution  acceptable  to  the  southern  states,  which  were  the 

principal  exporting  states,  the  committee  of  detail  had  inserted  a  clause,  pro- 
Tiding  that  no  duties  should  be  laid  on  exports,  or  on  slaves  imported  ;  and 
mother,  that  no  navigation  act  might  be  passed,  except  by  a  two-thirds  vote. 
By  depriving  congress  of  the  power  of  giving  any  preference  to  American  over 

oreign  shipping,  it  was  designed  to  secure  cheap  transportation  to  southern 

•*<lr-"'  '  \ 


SLAVERY  COMPROMISES.  395 

. 

exports.  As  the  shipping  was  principally  owned  in  the  eastern  states,  their 
delegates  were  equally  anxious  to  prevent  any  restriction  of  the  power  of  con 
gress  to  pass  navigation  laws.  All  the  states,  except  North  Carolina,  South 
Carolina,  and  Georgia,  had  prohibited  the  importation  of  slaves ;  and  North 
Carolina  had  proceeded  so  far  as  to  discourage  the  importation  by  heavy  duties. 
The  prohibition  of  duties  on  the  importation  of  slaves  was  demanded  by  the 
delegates  from  South  Carolina  and  Georgia,  who  declared  that,  without  a  pro 
vision  of  this  kind,  the  constitution  would  not  receive  the  assent  of  these  states. 
The  support  which  the  proposed  restriction  received  from  other  states,  was 
given  to  it  from  a  disposition  to  compromise,  rather  than  from  an  approval  of 
the  measure  itself.  The  proposition  not  only  gave  rise  to  a  discussion  of  its 
own  merits,  but  revived  the  opposition  to  the  apportionment  of  representatives 
according  to  the  three-fifths  ratio,  and  called  forth  some  severe  denunciations 
of  slavery. 

Mr.  King,  of  Massachusetts,  in  reference  to  the  admission  of  slaves  as  a 
part  of  the  representative  population,  remarked  :  "  He  had  not  made  a  strenu 
ous  opposition  to  it  heretofore,  because  he  had  hoped  that  this  concession  would 
have  produced  a  readiness,  which  had  not  been  manifested,  to  strengthen  the 
general  government.  The  report  of  the  committee  put  an  end  to  all  those 
hopes.  The  importation  of  slaves  could  not  be  prohibited  ;  exports  could  not 
be  taxed.  If  slaves  are  to  be  imported,  shall  not  the  exports  produced  by 
their  labor  supply  a  revenue  to  help  the  government  defend  their  masters? 
There  was  so  much  inequality  and  unreasonableness  in  all  this,  that  the  people 
of  the  northern  states  could  never  be  reconciled  to  it.  He  had  hoped  that 
some  accommodation  would  have  taken  place  on  the  subject ;  that  at  least  a 
.  time  would  have  been  limited  for  the  importation  of  slaves.  He  could  never 
agree  to  let  them  be  imported  without  limitation,  and  then  be  represented  in 
the  national  legislature.  Either  slaves  should  not  be  represented,  or  exports 
should  be  taxable." 

Gouverneur  Morris,  of  Pa.,  pronounced  slavery  "  a  nefarious  ir.  ;  itution  It 
was  the  curse  of  Heaven  on  the  states  where  it  prevailed.  Covpare  the  free 
regions  of  the  middle  states,  where  a  rich  and  noble  cultival ,  jn  marks  the 
prosperity  and  happiness  of  the  people,  with  the  misery  and  poverty  which 
overspread  the  barren  wastes  of  Virginia,  Maryland,  and  the  01  .ier  states  hav 
ing  slaves.  Travel  through  the  whole  continent,  and  you  behold  the  prospect 
continually  varying  with  the  appearance  and  disappearance  of  slavery.  The 
admission  of  slaves  into  the  representation,  when  fairly  explained,  comes  to 
this,  that  the  inhabitant  of  Georgia  and  South  Carolina,  who  goes  to  the 
coast  of  Africa  in  defiance  of  the  most  sacred  laws  of  humanity,  tears  away 
his  fellow-creatures  from  their  dearest  connections,  and  damns  them  to  the  most 
cruel  bondage,  shall  have  more  votes  in  a  government  instituted  for  the  protection 
of  the  rights  of  mankind,  than  the  citizen  of  Pennsylvania  or  New  Jersey,  who 
views  with  a  laudable  horror  so  nefarious  a  practice.  And  what  is  the  proposed 
compensation  to  the  northern  states  for  a  sacrifice  of  every  principle  of  right,  every 
impulse  of  humanity  ?  They  are  to  bind  themselves  to  march  their  militia  for 


396  FORMATION  OF  THE  CONSTITUTION. 

the  defense  of  the  southern  states,  against  those  very  slaves  of  whom  they 
complain.  The  legislature  will  have  indefinite  power  to  tax  them  by  excises 
and  duties  on  imports,  both  of  which  will  fall  heavier  on  them  than  on  the 
southern  inhabitants  ;  for  the  Bohea  tea  used  by  a  northern  freeman,  will  pay 
more  tax  than  the  whole  consumption  of  the  miserable  slave,  which  consists  of 
nothing  more  than  his  physical  subsistence  and  the  rag  which  covers  his  naked 
ness.  On  the  other  side,  the  southern  states  are  not  to  be  restrained  from  im 
porting  fresh  supplies  of  wretched  Africans,  at  once  to  increase  the  danger  of 
attack  and  the  difficulty  of  defense  ;  nay,  they  are  to  be  encouraged  to  it  by 
an  assurance  of  having  their  votes  in  the  national  government  increased  in  pro 
portion,  and,  at  the  same  time,  are  to  have  their  slaves  and  their  exports  ex 
empt  from  all  contributions  to  the  public  service."  Mr.  Morris  moved  to  make 
the  free  population  alone  the  basis  of  representation. 

Mr.  Sherman,  of  Ct.,  who  had  on  other  occasions  manifested  a  disposition 
to  compromise,  again  favored  the  southern  side.  He  "  did  not  regard  the  ad 
mission  of  the  negroes  as  liable  to  such  insuperable  objections.  It  was  the 
freemen  of  the  southern  states  who  were  to  be  represented  according  to  the 
taxes  paid  by  them,  and  the  negroes  are  only  included  in  the  estimate  of  the 
taxes." 

After  some  farther  discussion,  the  question  was  taken  upon  Mr.  Morris'  mo 
tion,  and  lost,  New  Jersey  only  voting  for  it. 

With  respect  to  prohibiting  any  restriction  upon  the  importation  of  slaves, 
Mr.  Martin,  of  Maryland,  who  moved  to  allow  a  tax  upon  slaves  imported, 
remarked:  "  As  five  slaves  in  the  apportionment  of  representatives  were  reck 
oned  as  equal  to  three  freemen,  such  a  permission  amounted  to  an  encourage 
ment  of  the  slave-trade.  Slaves  weakened  the  union  which  the  other  parts 
were  bound  to  protect ;  the  privilege  of  importing  them  was  therefore  unrea 
sonable.  Such  a  feature  in  the  constitution  was  inconsistent  with  the  principles 
of  the  revolution,  and  dishonorable  to  the  American  character." 

Mr.  Rutledge,  of  S.  C.,  "  did  not  see  how  this  section  would  encourage  the 
importation  of  slaves.  He  was  not  apprehensive  of  insurrections,  and  would 
readily  exempt  the  other  states  from  every  obligation  to  protect  the  south, 
Religion  and  humanity  had  nothing  at  all  to  do  with  this  question.  Interest 
alone  is  the  governing  principle  with  nations.  The  true  question  at  present 
is,  whether  the  southern  states  shall  or  shall  not  be  parties  to  the  union.  If 
the  northern  states  consult  their  interest,  they  will  not  oppose  the  increase  of 
slaves,  which  will  increase  the  commodities  of  which  they  will  become  the  car 
riers." 

Mr.  Ellsworth,  of  Ct.,  said  :  "  Let  every  state  import  what  it  pleases.  The 
morality  or  wisdom  of  slavery  is  a  consideration  belonging  to  the  states. 
What  enriches  a  part  enriches  the  whole,  and  the  states  are  the  best  judges  of 
their  particular  interests." 

Mr.  C.  Pinckney  said :  "  South  Carolina  can  never  receive  the  plan  if  it 
prohibits  the  slave-trade.  If  the  states  be  left  at  liberty  on  this  subject,  South 


-; 


SLAVERY  COMPROMISES.  397 

Carolina  may  perhaps,  by  degrees,  do  of  herself  what  is  wished,  as  Maryland 
and  Virginia  already  have  done." 

Mr.  Sherman,  of  Ct.,  concurred  with  his  colleague,  (Mr.  Ellsworth.)  "He 
disapproved  the  slave-trade ;  but  as  the  states  now  possessed  the  right,  and 
the  public  good  did  not  require  it  to  be  taken  away ;  and  as  it  was  expedient 
to  have  as  few  objections  as  possible  to  the  proposed  scheme  of  government, 
he  would  leave  the  matter  as  he  found  it.  The  abolition  of  slavery  seemed  to 
be  going  on  in  the  United  States,  and  the  good  sense  of  the  several  states 
would  probably,  by  degrees,  soon  complete  it." 

Mr.  Mason,  of  Va.,  said  :  "  Slavery  discourages  arts  and  manufactures. 
The  poor  despise  labor  when  performed  by  slaves.  They  prevent  the  immi 
gration  of  whites,  who  really  enrich  and  strengthen  a  country.  They  produce 
a  pernicious  effect  on  manners.  Every  master  of  slaves  is  born  a  petty  tyrant. 
They  bring  the  judgment  of  heaven  on  a  country.  He  lamented  that  some  of 
our  eastern  brethren,  from  a  lust  of  gain,  had  embarked  in  this  nefarious  traffic. 
As  to  the  states  being  in  possession  of  the  right  to  import,  that  was  the  case 
of  many  other  rights  now  to  be  given  up.  He  held  it  essential,  in  every  point 
of  view,  that  the  general  government  should  have  power  to  prevent  the  in 
crease  of  slavery." 

Mr.  Ellsworth,  not  well  pleased  with  this  thrust  at  his  slave-trading  friends 
at  the  north,  by  a  slave-holder,  tartly  replied :  "  As  I  have  never  owned  a 
slave,  I  can  not  judge  of  the  effects  of  slavery  on  character ;  but  if  slavery  is 
to  be  considered  in  a  moral  light,  the  convention  ought  to  go  further,  and  free 
those  already  in  the  country."  The  opposition  of  Virginia  and  Maryland 
to  the  importation  of  slaves  he  attributed  to  the  fact  that,  on  account  of  the 
rapid  increase  in  those  states,  "  it  was  cheaper  to  raise  them  there  than  to  im 
port  them,  while  in  the  sickly  rice  swamps  foreign  supplies  were  necessary. 
If  we  stop  short  with  prohibiting  their  importation,  we  shall  be  unjust  to  South 
Carolina  and  Georgia.  Let  us  not  intermeddle.  As  population  increases, 
poor  laborers  will  be  so  plenty  as  to  render  slaves  useless.  Slavery,  in  time, 
will  not  be  a  speck  in  our  country." 

Delegates  from  South  Carolina  and  Georgia  repeated  the  declaration  that, 
if  the  slave-trade  were  prohibited,  these  states  would  not  adopt  the  constitu 
tion.  Yirginia,  it  was  said,  would  gain  by  stopping  the  importation,  she  hav 
ing  slaves  to  sell ;  but  it  would  be  unjust  to  South  Carolina  and  Georgia  to 
be  deprived  of  the  right  of  importing.  Besides,  the  importation  of  slaves 
would  be  a  benefit  to  the  whole  union.  The  more  slaves,  the  more  produce, 
the  greater  carrying  trade,  the  more  consumption,  the  more  revenue. 

Williamson,  of  N.  C.,  expressed  his  conviction  that  the  two  southern  states, 
if  prohibited  to  import  slaves,  would  not  become  members  of  the  union.  Wil 
son,  of  Pa.,  suggested  that,  if  negroes  were  the  only  imports  not  subject  to  a 
duty,  such  an  exception  would  amount  to  a  bounty.  Gerry,  of  Mass. ,  thought 
the  convention  had  nothing  to  do  with  the  conduct  of  the  states  as  to  slavery ; 
but  they  ought  to  be  careful  not  to  give  any  sanction  to  it.  Dickinson  and 
Langdon,  of  New  Hampshire,  maintained  that  neither  honor,  safety,  nor  good 
26 


398  FORMATION  OF  THE  CONSTITUTION. 

conscience  would  allow  permission  to  the  states  to  continue  the  slave-trade. 
King  thought  the  subject  should  be  considered  in  a  political  light  only.  If 
two  southern  states  would  not  consent  to  the  prohibition,  neither  would  other 
states  to  the, allowance.  "  The  exemption  of  slaves  from  duty  while  every 
other  import  was  subject  to  it,  was  an  inequality  that  could  not  fail  to  strike 
the  commercial  sagacity  of  the  northern  and  middle  states." 

This  hint  about  a  tax  was  not  thrown  away.  Charles  Pinckney,  of  S.  C., 
would  consent  to  a  tax  equal  to  that  imposed  on  other  imports,  and  he  moved 
a  commitment  with  that  view.  Rutledge  seconded  the  motion.  Gouverneur 
Morris  proposed  that  the  whole  article,  including  the  clauses  relating  to  navi 
gation  laws  and  taxes  on  exports,  should  be  referred  to  the  same  committee. 
"  These  things,"  he  remarked,  "may  form  a  bargain  among  the  northern  and 
southern  states."  Sherman  suggested  that  a  tax  on  slaves  imported  would 
make  the  matter  worse,  since  it  implied  they  were  property.  Randolph  sup 
ported  the  commitment  in  hopes  that  some  middle  ground  might  be  hit  upon. 
He  would  rather  risk  the  constitution  than  support  the  clause  as  it  stood. 
Ellsworth  advocated  the  article  as  it  was.  "  This  widening  of  opinions  had  a 
threatening  aspect.  He  was  afraid  we  should  lose  two  states,  with  such  others 
as  might  be  disposed  to  stand  aloof,  should  fly  into  a  variety  of  shapes  and  di 
rections,  and  most  probably  into  several  confederations — not  without  blood 
shed."  The  motion  for  reference  prevailed,  and  the  article  was  referred  to  a 
grand  committee  of  one  from  each  state.  The  report  of  this  committee  re 
tained  the  prohibition  of  export  duties,  but  struck  out  the  restriction  on  the 
enactment  of  navigation  laws.  Until  the  year  1800  it  allowed  the  unrestrained 
migration  or  importation  of  such  persons  as  the  states  might  see  fit  to  receive, 
subject,  however,  to  the  imposition  of  a  duty  by  congress,  the  maximum  of 
which  was  presently  fixed  at  ten  dollars. 

Williamson,  of  N.  C.,  declared  himself,  both  in  opinion  and  practice,  against 
slavery ;  but  he  thought  it  more  in  favor  of  humanity,  from  a  view  of  all  cir 
cumstances,  to  let  in  South  Carolina  and  Georgia  on  these  terms,  than  to  ex 
clude  them  from  the  union.  Sherman,  of  Ct.,  again  objected  to  the  tax  as 
acknowledging  men  to  be  property.  Gorham,  of  Mass.,  replied  that  the  duty 
ought  to  be  considered,  not  as  implying  that  men  are  property,  but  as  a  dis 
couragement  to  their  importation.  Sherman  said  the  duty  was  too  small  to 
bear  that  character.  Madison  thought  it  "  wrong  to  admit,  in  the  constitution, 
the  idea  that  there  could  be  property  in  a  man,"  and  the  phraseology  of  one 
clause  was  subsequently  altered  to  avoid  any  such  implication.  Gouverneur 
Morris  objected  that  the  clause  gave  congress  power  to  tax  freemen  imported ; 
to  which  Mason  replied  that  such  a  power  was  necessary  to  prevent  the  impor 
tation  of  convicts.  A  motion  to  extend  the  time  from  1800  to  1808,  made  by 
C.  C.  Pinckney  and  seconded  by  Gorham,  was  carried  against  the  votes  of 
New  Jersey,  Pennsylvania,  Delaware  and  Virginia  ;  Massachusetts,  Connecti 
cut,  and  New  Hampshire  voting  this  time  with  Georgia  and  South  Carolina. 
That  part  of  the  report  which  struck  out  the  restriction  on  the  enactment  of 
navigation  acts  was  opposed  by  Charles  Pinckney  in  a  set  speech,  in  which  he 


SLAVERY  COMPROMISES.  399 

L0      . 

enumerated  five  distinct  commercial  interests :  the  fisheries  and  West  India 
trade,  belonging  to  New  England ;  the  interest  of  New  York  in  a  free  trade  ; 
wheat  and  flour,  the  staples  of  New  Jersey  and  Pennsylvania ;  tobacco,  the 
staple  of  Maryland  and  Virginia,  and  partly  of  North  Carolina ;  rice  and 
indigo,  the  staples  of  South  Carolina  and  Georgia.  The  same  ground  was 
taken  by  Williamson  and  Mason,  and  very  warmly  by  Randolph,  who  declared 
that  an  unlimited  power  in  congress  to  enact  navigation  laws  "  would  complete 
the  deformity  of  a  system  having  already  so  many  odious  features  that  he  hard 
ly  knew  if  he  could  agree  to  it."  Any  restriction  of  the  power  of  congress 
over  commerce  was  warmly  opposed  by  Gouverneur  Morris,  Wilson,  and.  Gor- 
ham.  Madison  also  took  the  same  side.  C.  C.  Pinckney  did  not  deny  that 
it  was  the  true  interest  of  the  south  to  have  no  regulation  of  commerce  ;  but, 
considering  the  commercial  losses  of  the  eastern  states  during  the  revolution, 
their  liberal  conduct  toward  the  views  of  South  Carolina  (in  the  vote  just 
taken,  giving  eight  years'  further  extension  to  the  slave-trade),  and  the  inter 
est  of  the  weak  southern  states  in  being  united  with  the  strong  eastern  ones, 
he  should  go  against  any  restrictions  on  the  power  of  commercial  regulation. 
"  He  had  himself  prejudices  against  the  eastern  states  before  he  came  here, 
but  would  acknowledge  that  he  had  found  them  as  liberal  and  candid  as  any 
men  whatever."  Butler  and  Rutledge  took  the  same  ground,  and  the  amend 
ed  report  was  adopted,  Against  the  votes  of  Maryland,  Virginia,  North  Caro 
lina,  and  Georgia. 

Thus,  by  an  understanding,  or,  as  Gouverneur  Morris  called  it,  "a  bargain," 
between  the  commercial  representatives  of  the  northern  states  and  the  dele 
gates  of  South  Carolina  and  Georgia,  and  in  spite  of  the  opposition  of  Mary 
land  and  Virginia,  the  unrestricted  power  of  congress  to  enact  navigation  laws 
was  conceded  to  the  northern  merchants,  and  to  the  Carolina  rice  planters,  as 
an  equivalent,  twenty  years'  continuance  of  the  African  slave-trade.  This 
was  the  third  great  compromise  of  the  constitution.  The  other  two  were  the 
concession  to  the  smaller  states  of  an  equal  representation  in  the  senate,  and, 
to  the  slave-holders,  the  counting  three  fifths  of  the  slaves  in  determining  the 
ratio  of  representation.  If  this  third  compromise  differed  from  the  other  two 
by  involving  not  merely  a  political,  but  a  moral  sacrifice,  there  was  this  partial 
compensation  about  it,  that  it  was  not  permanent,  like  the  others,  but  expired 
at  the  end  of  twenty  years  by  its  own  limitation.  * 

When  the  article  came  up  providing  for  the  mutual  delivery  of  fugitives 
from  justice,  a  motion  was  made  by  Butler,  seconded  by  C.  Pinckney,  that 
fugitive  slaves  and  servants  be  included.  Wilson  objected  that  this  would  re 
quire  a  delivery  at  the  public  expense.  Sherman  saw  no  more  propriety  in 
the  public  seizing  and  surrendering  a  servant  than  a  horse.  Butler  withdrew 
his  motion ;  but  the  next  day  he  introduced  a  clause  substantially  the  same 
with  that  now  found  in  the  constitution,  which  provides  that  "  no  person  held 
to  service  or  labor  in  one  state,  under  the  laws  thereof,  escaping  into  another, 

*  Secret  Debates.     Hildreth's  History  of  U.  S.     Political  History  of  U.  S. 


400  FORMATION  OF  THE  CONSTITUTION. 

shall,  in  consequence  of  any  law  or  regulation  therein,  be  discharged  from 
such  service  or  labor,  but  shall  be  delivered  up  on  claim  of  the  party  to  whom 
such  service  or  labor  may  be  due." 

The  constitution  bears  date  the  11th  of  September,  1787.  It  was  immedv 
ately  transmitted  to  congress,  with  a  recommendation  to  that  body  to  submit 
it  to  state  conventions  for  ratification,  which  was  accordingly  done.  It  was 
adopted  by  Delaware,  December  7 ;  by  Pennsylvinia,  December  12 ;  by  New 
Jersey,  December  18  ;  by  Georgia,  January  2, 1788 ;  by  Connecticut,  January 
9 ;  by  Massachusetts,  February  7  ;  by  Maryland,  April  28 ;  by  South  Caro 
lina,  May  23  ;  by  New  Hampshire,  June  21 ;  which  being  the  ninth  ratifying 
state,  gave  effect  to  the  constitution.  Virginia  ratified  June  27 ;  New  York, 
July  26 ;  and  North  Carolina,  conditionally,  August  7.  Rhode  Island  did 
not  call  a  convention. 

In  Massachusetts,  Virginia  and  New  York,  the  constitution  encountered  a  most 
formidable  opposition,  which  rendered  its  adoption  by  these  states  for  a  time 
extremely  doubtful.  In  their  conventions  were  men  on  both  sides  who  ha<J 
been  members  of  the  national  convention,  associated  with  others  of  distin 
guished  abilities.  In  Massachusetts  there  were  several  adverse  influences 
which  would  probably  have  defeated  the  ratification  in  that  state,  had  it  not 
been  accompanied  by  certain  proposed  amendments  to  be  submitted  by  con» 
gress  to  the  several  states  for  ratification.  The  adoption  of  these  by  the  con 
vention  gained  for  the  constitution  the  support  of  Hancock  and  Samuel 
Adams ;  and  the  question  on  ratification  was  carried  by  one  hundred  and 
eighty-seven  against  one  hundred  and  sixty-eight. 

In  the  Virginia  convention,  the  constitution  was  opposed  by  Patrick  Henry, 
James  Monroe,  and  George  Mason,  the  last  of  whom  had  been  one  of  the 
convention  framers.  On  the  other  side  were  John  Marshall,  Mr.  Pendleton, 
Mr.  Madison,  George  Wythe,  and  Edmund  Randolph,  the  three  last  also  hav 
ing  been  members  of  the  national  convention.  Mr.  Randolph  had  refused  to 
sign  the  constitution,  but  had  become  one  of  its  warmest  advocates.  In  the 
convention  of  this  state,  also,  the  ratification  was  aided  by  the  adoption  of  a 
bill  of  rights  and  certain  proposed  amendments ;  and  was  carried,  eighty-eight 
yeas  against  eighty  nays. 

In  the  convention  of  New  York,  the  opposition  embraced  a  majority  of  its 
members,  among  whom  were  Yates  and  Lansing,  members  of  the  general  con 
vention,  and  George  Clinton.  The  principal  advocates  of  the  constitution 
were  John  Jay,  Robert  R.  Livingston,  and  Mr.  Hamilton.  Strong  efforts 
were  made  for  a  conditional  ratification,  which  were  successfully  opposed, 
though  not  without  the  previous  adoption  of  a  bill  of  rights,  and  numerous 
amendments.  With  these,  the  absolute  ratification  was  carried,  thirty-one  to 
twenty-nine. 

The  ratification  of  North  Carolina  was  not  received  by  congress  until 
January,  1790  ;  and  that  of  Rhode  Island,  not  until  June  of  the  same 
year. 

The  injunction  of  secrecy  as  to  the  proceedings  of  the  convention  was  never 


SLAVERY  COMPROMISES.  401 

removed.  At  the  final  adjournment,  the  Journal,  in  accordance  with  a  pre 
vious  vote,  was  intrusted  to  the  custody  of  Washington,  by  whom  it  was 
afterward  deposited  in  the  department  of  state.  It  was  first  printed  by  order 
of  congress  in  1818.  Yates,  one  of  the  members  from  New  York,  took  short 
notes  of  the  earlier  debates,  which  were  publishad  after  his  death  in  1821.  The 
more  perfect  notes  of  Madison,  recently  published,  with  the  official  Journal, 
the  notes  of  Yates,  and  a  representation  to  the  legislature  of  Maryland 
made  by  Luther  Martin,  furnish  materials  for  a  view,  tolerably  complete,  of 
the  conflicting  opinions  by  which  the  convention  was  divided,  and  of  the  pro 
cess  which  gradually  matured  and  brought  into  shape  the  federal  consititution. 

The  following  are  the  provisions  of  the  constitution  which  are  presumed  to 
relate  to  the  subject  of  slavery : 

Preamble.  "  We,  the  people  of  the  "United  States,  in  order  to  form  a  more 
perfect  Union,  establish  justice,  insure  domestic  tranquility,  provide  for  the 
common  defense,  promote  the  general  welfare,  and  secure  the  blessings  of  lib 
erty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this  constitution  for 
the  United  States  of  America. 

"Art..  1.  Sec.  1.  All  legislative  powers  herein  granted,  shall  be  vested  in 
a  congress  of  the  United  States,  which  shall  consist  of  a  senate  and  house  of 
representatives. 

"  Sec.  2.  *  *  *  Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  states  which  may  be  included  within  this  Union,  according 
to  their  respective  numbers,  which  shall  be  determined  by  adding  to  the  whole 
number  of  free  persons,  including  those  bound  to  servitude  for  a  term  of  years, 
and  excluding  Indians  not  taxed,  three-fifths  of  all  other  persons. 

"  Sec.  9.  The  migration  or  importation  of  such  persons  as  any  of  the  states 
now  existing  shall  think  proper  to  admit,  shall  not  be  prohibited  by  the  con 
gress  prior  to  the  year  1808  ;  but  a  tax  or  duty  may  be  imposed,  not  exceeding 
ten  dollars  on  each  person. 

"  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when,  in  the  cases  of  rebellion  or  invasion,  the  public  safety  may  require  it. 

"No  bill  of  attainder,  or  ex  post  facto  laws,  shall  be  passed. 

"Art.  III.  Sec.  3.  Treason  against  the  United  States  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving  them  aid  and 
comfort. 

"Art.  IY.  Sec.  2.  The  citizens  of  each  state  shall  be  entitled  to  all  the 
privileges  of  citizens,  in  the  several  states. 

"  No  person  held  to  service  or  labor  in  one  state,  under  the  laws  thereof,  es 
caping  into  another,  shall,  in  consequence  of  any  law  or  regulation  therein,  be 
discharged  from  such  service  or  labor,  but  shall  be  delivered  up  on  claim  of 
the  party  to  whom  such  service  or  labor  may  be  due. 

Sec.  3.  New  states  may  be  admitted  by  the  congress  into  this  Union  ;  but 
no  new  state  shall  be  formed  or  erected  within  the  jurisdiction  of  any  other 
state ;  nor  any  state  be  formed  by  the  junction  of  two  or  more  states,  or  parts 


402  FORMATION  OF  THE  CONSTITUTION. 

of  states,  without  the  consent  of  the  legislatures  of  the  states  concerned,  as 
well  as  of  the  congress. 

"  The  congress  shall  have  power  to  dispose  of,  and  make  all  needful  rules 
and  regulations  respecting  the  territory  or  other  property  belonging  to  the 
United  States ;  and  nothing  in  this  constitution  shall  be  so  construed  as  to 
prejudice  any  claims  of  the  United  States,  or  of  any  particular  state. 

"  Sec.  4.  The  United  States  shall  guarantee  to  every  state  in  this  Union 
a  republican  form  of  government,  and  shall  protect  each  of  them  against  inva 
sion  ;  and  on  application  of  the  legislature,  or  of  the  executive  when  the  legis 
lature  cannot  be  convened,  against  domestic  violence. 

"Art.  VI.  This  constitution,  and  the  laws  of  the  United  States,  which 
shall  be  made  in  pursuance  thereof,  and  all  the  treaties  made,  or  which  shall 
be  made,  under  the  authority  of  the  United  States,  shall  be  the  supreme  law 
of  the  land ;  and  the  judges  in  every  state  shall  be  bound  thereby,  anything  in 
the  constitution  or  laws  of  any  state  to  the  contrary  notwithstanding." 

The  above  are  all  the  clauses  of  the  constitution  that  have  been  quoted,  on 
one  side  or  the  other,  as  bearing  upon  the  subject  of  slavery. 

It  will  be  noted  that  the  word  "  slave,"  or  "  slavery,"  does  not  appear  there 
in.  Mr.  Madison,  who  was  a  leading  and  observant  member  of  the  conven 
tion,  and  who  took  notes  of  its  daily  proceedings,  affirms  that  this  silence  was 
designed — the  convention  being  unwilling  that  the  constitution  of  the  United 
States  should  recognize  property  in  human  beings.  In  passages  where  slaves 
are  presumed  to  be  contemplated,  they  are  uniformly  designated  as  "persons," 
never  as  property.  Contemporary  history  proves  that  it  was  the  belief  of  at 
least  a  large  portion  of  the  delegates  that  slavery  could  not  long  survive  the 
final  stoppage  of  the  slave-trade,  which  was  expected  to  (and  did)  occur  in 
1808. 

The  following  among  the  amendments  to  the  constitution  proposed  by  the 
ratifying  convention  of  one  or  more  states,  and  adopted,  are  supposed  by  some 
to  bear  on  the  questions  now  agitated  relative  to  slavery : 

"Art.  I.  Congress  shall  make  no  law  respecting  an  establishment  of  reli 
gion,  or  prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom  of 
speech,  or  of  the  press  ;  or  of  the  rights  of  the  people  peacefully  to  assemble, 
and  to  petition  the  government  for  a  redress  of  grievances. 

"Art.  II.  A  well-regulated  militia  being  necessary  to  the  security  of  a 
free  state,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be  infringed. 

"Art.  V.  No  person  shall  be  *  *  *  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law ;  nor  shall  private  property  be  taken  for  public  use 
without  just  comuensation," 


SLAVER l  IN  THE  UNITED  STATES.  403 

#&$&-:-*••  •       •    '•  *i&ii&--*&&*if:.*t'  •&$  ..o       ''.':,;v      / 

CHAPTER    XX  IV.  , 

POLITICAL  HISTORY  OP  SLAVERY  IN  THE  UNITED  STATES  FROM  1189  TO  1800. 

First  session  of  First  Congress,  1789. — Tariff  bill — duty  imposed  on  imported  slaves. — 
The  Debate — views  of  Roger  Sherman,  Fisher  Ames,  Madison,  &c. — Review  of  the 
state  of  slavery  in  the  States  in  1790. — Second  session. — Petitions  from  the  Quakers 
of  Pennsylvania,  Delaware,  and  New  York. — Petition  of  Pennsylvania  Society,  signed 
by  Franklin. — Exciting  debate — power  of  Congress  over  slavery. — Census  of  1790. — 
Slave  population. — Vermont  the  first  State  to  abolish  and  prohibit  slavery. — Consti 
tution  of  Kentucky — provisions  in  respect  to  slavery. — Session  of  1791. — Memorials 
for  suppression  of  slave-trade,  from  Virginia,  Maryland,  New  York,  &c. — The  Right  of 
Petition  discussed. — First  fugitive  slave  law,  1793. — First  law  to  suppress  African  Slave 
Trade,  1794. — The  Quakers  again,  1797 — their  emancipated  slaves  reduced  again  to 
slavery,  under  expost  facto  law  of  North  Carolina. — Mississippi  territory  —  slavery 
clause  debated. — Foreign  slaves  prohibited. — Constitution  of  Georgia — importation  of 
slaves  prohibited,  1798 — provisions  against  cruelty  to  slaves. — New  York  provides  for 
gradual  extinguishment  of  slavery,  1799. — Failure  of  similar  attempt  in  Kentucky. — 
Colored  citizens  of  Pennsylvania  petition  Congress  against  Fugitive  Slave  law  and 
slave-trade — their  petition  referred  to  a  committee  ;  bill  reported  and  passed,  1800. 


T: 


.  HE  first  session  of  the  new  Congress  was  held  in  the  city  of  New  York  in 
IT 8 9.  A  quorum  was  obtained  for  business  on  the  6th  of  April.  A  tariff  bill 
having  been  reported,  and  being  under  discussion  in  the  house  on  the  question 
of  its  second  reading,  Parker,  of  Virginia,  moved  to  insert  a  clause  imposing  a 
duty  of  ten  dollars  on  every  slave  imported.  "  He  was  sorry  the  constitu 
tion  prevented  Congress  from  prohibiting  the  importation  altogether.  It  was 
contrary  to  revolution  principles,  and  ought  not  to  be  permitted. "  The  only 
state  which  seemed  to  have  a  direct  pecuniary  interest  in  this  question  was 
Georgia.  In  all  the  other  states  at  present  represented  on  the  floor,  the  im 
portation  of  slaves,  whether  from  Africa  or  elsewhere,  was  prohibited.  Even 
South  Carolina,  just  before  the  meeting  of  the  federal  convention,  had  passed 
an  act,  as  she  had  been  accustomed  to  do  occasionally  in  colonial  times,  when 
the  prices  of  produce  were  too  low  to  be  remunerative,  prohibiting,  for  one 
year,  the  importation  of  slaves — a  prohibition  since  renewed  for  three  years. 
But,  notwithstanding  this  temporary  prohibition,  the  same  jealousy  as  to  her 
right  of  importation,  so  strongly  manifested  in  the  federal  convention,  was  now 
exhibited  on  the  floor  of  the  house.  Smith,  the  representative  from  the  Charles 
ton  district,  "  hoped  that  such  an  important  and  serious  proposition  would  not 
be  hastily  adopted.  It  was  rather  a  late  moment  for  the  first  introduction  of 
a  subject  so  big  with  serious  consequences.  No  one  topic  had  been  yet  intro 
duced  so  important  to  South  Carolina  and  the  welfare  of  the  Union."  Sher 
man,  of  Connecticut,  threw  out  some  suggestions  similar  to  those  he  had  offer 
ed  in  the  federal  convention.  He  "  approved  the  object  of  the  motion,  but  did 
not  think  it  a  fit  subject  to  be  embraced  in  this  bill.  He  could  not  reconcile 
himself  to  the  insertion  of  human  beings,  as  a  subject  of  impost,  among  goods, 
wares,  and  merchandise.  He  hoped  the  motion  would  be  withdrawn  for  the 
present,  and  taken  up  afterwards  as  an  independent  subject." 

Jackson,  of  Georgia,  "was  not  surprised,  however  others  might  be  so,  at  the 


404  SLAVERY  IN  THE  UNITED  STATES. 

quarter  whence  this  motion  came.  Virginia,  an  old  settled  state,  had  her 
complement  of  slaves,  and  the  natural  increase  being  sufficient  for  her  purpose, 
slae  was  careless  of  recruiting  her  numbers  by  importation.  But  gentlemen 
ought  to  let  their  neighbors  get  supplied  before  they  imposed  such  a  burden. 
He  knew  this  business  was  viewed  in  an  odious  light  at  the  eastward,  because 
the  people  there  were  capable  of  doing  their  own  work,  aud  had  no  occasion 
for  slaves.  But  gentlemen  ought  to  have  some  feeling  for  others.  Surely 
they  do  not  mean  to  tax  us  for  every  comfort  and  enjoyment  of  life,  and,  at 
the  same  time,  to  take  from  us  the  means  of  procuring  them  !  He  was  sure, 
from  the  unsuitableness  of  the  motion  to  the  businsss  now  before  the  house, 
and  the  want  of  time  to  consider  it,  the  gentleman's  candor  would  induce  him 
to  withdraw  it.  Should  it  ever  be  brought  forward  again,  he  hoped  it  would 
comprehend  the  white  slaves  as  well  as  the  black,  imported  from  all  the  jails 
of  Europe  ;  wretches  convicted  of  the  most  flagrant  crimes,  who  were  brought 
in  and  sold  without  any  duty  whatever.  They  ought  to  be  taxed  equally  with 
Africans,  and  he  had  no  doubt  of  the  equal  constitutionality  and  propriety  of 
such  a  course." 

In  reply  to  the  suggestions  of  Sherman,  Jackson,  and  others,  Parker  de 
clared  "  that,  having  introduced  the  motion  on  mature  reflection,  he  did  not 
like  to  withdraw  it.  The  gentleman  from  Connecticut  had  said  that  human 
beings  ought  not  to  be  enumerated  with  goods,  wares,  and  merchandise.  Yet 
he  believed  they  were  looked  upon  by  African  traders  in  that  light.  He  hoped 
congress  would  do  all  in  their  power  to  restore  to  human  nature  its  inherent 
privileges ;  to  wipe  off,  if  possible,  the  stigma  under  which  America  labored ; 
to  do  away  the  inconsistency  in  our  principles  justly  charged  upon  us ;  and  to 
show,  by  our  actions,  the  pure  beneficence  of  the  doctrine  held  out  to  the  world 
in  our  Declaration  of  Independence." 

Sherman  still  "  thought  the  principles  of  the  bill  and  the  principles  of  the 
motion  inconsistent.  The  principle  of  the  bill  was  to  raise  revenue ;  it  was 
the  principle  of  the  motion  to  correct  a  moral  evil.  Considering  the  proposed 
duty  as  having  revenue  for  its  object,  it  would  be  unjust,  because  two  or  three 
states  would  bear  the  burden.  He  should  therefore  vote  against  the  present 
motion,  though  he  had  no  objection  to  taking  up  the  subject  by  itself  on  the 
principles  of  humanity  and  policy."  Ames,  of  Massachusetts,  "detested  slav 
ery  from  his  soul ;  but  he  had  some  doubts  whether  imposing  a  duty  on  their 
importation  would  not  have  an  appearance  of  countenancing  the  practice." 
"  It  is  the  fashion  of  the  day,"  said  Jackson,  "to  favor  the  liberty  of  slaves. 
He  believed  them  better  off  as  they  were,  and  better  off  than  they  had  been 
in  Africa.  Experience  had  shown  that  liberated  slaves  would  not  work  for  a 
living.  Thrown  upon  the  world  without  property  or  connections,  they  can  not 
live  but  by  pilfering.  Will  Yirginia  set  her  negroes  free  ?  When  the  prac 
tice  comes  to  be  tried  there,  the  sound  of  liberty  will  lose  those  charms  which 
make  it  grateful  to  the  ravished  ear." 

Madison  supported  Parker's  motion  in  an  elaborate  speech,  hi  which  he  re 
plied  to  all  the  various  objections  urged  against  it.  "  The  confounding  men 


MADISON. 

with  merchandise  might  be  easily  avoided  by  altering  the  title  of  the  bill ;  it 
was,  in  fact,  the  very  object  of  the  motion  to  prevent  men,  so  far  as  the  power 
of  congress  extended,  from  being  confounded  with  merchandise.  The  clause 
in  the  constitution  allowing  a  tax  to  be  imposed,  though  the  traffic  could  not  be 
prohibited  for  twenty  years,  was  inserted,  he  believed,  for  the  very  purpose  of 
enabling  congress  to  give  some  testimony  of  the  sense  of  America  with  re 
spect  to  the  African  trade.  By  expressing  a  national  disapprobation  of  that 
trade,  it  is  to  be  hoped  we  may  destroy  it,  and  so  save  ourselves  from  reproaches, 
and  our  posterity  from  the  imbecility  ever  attendant  on  a  country  filled  with 
slaves.  This  was  as  much  the  interest  of  South  Carolina  and  Georgia  as  of 
any  other  states.  Every  addition  they  received  to  their  number  of  slaves 
tended  to  weakness,  and  rendered  them  less  capable  of  self-defense.  In  case 
of  hostilities  with  foreign  nations,  their  slave  population  would  be  a  means,  not 
of  repelling  invasions,  but  of  inviting  attack.  It  was  the  duty  of  the  general 
government  to  protect  every  part  of  the  Union  against  danger,  as  well  inter 
nal  as  external.  Every  thing,  therefore,  which  tended  to  increase  this  danger, 
though  it  might  be  a  local  affair,  yet,  if  it  involved  national  expense  or  safety, 
became  of  concern  to  every  part  of  the  Union,  and  a  proper  subject  for  the 
consideration  of  those  charged  with  the  general  administration  of  the  govern 
ment.  "  Bland  was  equally  decided  with  Madison  and  Parker  in  support  of 
the  motion.  Burke,  of  South  Carolina,  suggested  that  gentlemen  were  contend 
ing  about  nothing ;  for  if  not  particularly  mentioned,  slaves  would  still  fall 
under  the  general  five  per  cent,  ad  valorem  duty  on  all  unenumerated  articles, 
a  duty  just  about  equivalent  to  the  one  proposed.  Madison  replied  that  no 
collector  of  the  customs  would  presume  to  apply  the  terms  goods,  wares,  and 
merchandise  to  persons  ;  and  in  this  he  was  supported  by  Sherman,  who  de 
nied  that  persons  were  recognized  any  where  in  the  constitution  as  property. 
He  thought  that  the  clause  in  the  constitution  on  which  the  present  motion 
was  founded  applied  as  much  to  other  persons  as  to  slaves,  and  that  there  were 
other  persons  to  whom  it  ought  to  be  applied,  as  convicts,  for  instance ;  but 
the  whole  subject  ought  to  be  taken  up  by  itself.  Finally,  upon  Madison's 
suggestion,  Parker  consented  to  withdraw  his  motion,  with  the  understanding 
that  a  separate  bill  should  be  brought  in.  A  committee  was  appointed  for  that 
purpose  ;  but  there  the  matter  was  suffered  to  rest. 

At  the  next  session,  1790,  the  House  became  involved  in  an  exciting  discus 
sion  in  reference  to  slavery  and  the  slave-trade.  Slavery  still  existed  in  every 
state  of  the  Union  except  in  Massachusetts.  A  clause  in  the  constitution  of 
that  state,  declaring  all  men  to  be  born  free  and  equal,  inserted  for  the  express 
purpose  of  tacitly  abolishing  slavery,  had  been  judicially  decided  (1783)  to 
have  that  effect.  A  few  months  previously  to  the  final  adoption  of  the  con 
stitution  of  Massachusetts,  the  state  of  Pennsylvania  had  passed  an  act  (1780) 
introducing  a  system  of  gradual  emancipation,  prohibiting  the  further  impor 
tation  of  slaves,  (and  by  a  subsequent  act  their  exportation,)  and  assuring  free 
dom  to  all  persons  thereafter  born  in  that  state,  or  brought  into  it,  except 
runaways  from  other  states  and  the  servants  of  travelers  and  others  not  re- 


406  SLAVERY  IN  THE  STATES. 

maiiiing  above  six  months.  This  Pennsylvania  system  of  gradual  eraancip^ 
tion  had  been  imitated  in  the  states  of  Connecticut,  Rhode  Island  and  New 
Hampshire.  The  other  eight  states  retained  their  old  colonial  slave-holding 
systems.  But  New  York,  New  Jersey,  Delaware,  Maryland,  and  Virginia 
had  prohibited  the  further  importation  of  slaves,  and  in  Virginia  and  Maryland 
the  old  colonial  restrictions  on  emancipation  had  been  repealed,  leaving  thereby 
full  play,  and  not  without  considerable  results,  to  the  conscience  and  generosity 
of  the  slave-holders.  Jefferson  and  Wythe,  as  commissioners  to  revise  the 
statute  law  of  Virginia,  had  agreed  upon  a  bill  for  gradual  emancipation  ;  but 
when  the  revision  of  the  statutes  came  before  the  House  of  Delegates  (1785), 
Jefferson  was  absent  as  minister  at  Paris,  those  who  shared  his  opinions  thought 
that  the  favorable  moment  had  not  arrived,  and  the  bill  was  not  brought  for 
ward.  Even  in  New  York,  an  attempt  (1785)  to  pass  an  act  for  the  gradual 
abolition  of  slavery  had  failed  to  succeed.  Yet  in  all  the  states,  from  North 
Carolina  northward,  warm  opponents  of  slavery  and  ardent  advocates  for  eman 
cipation  were  more  or  less  numerous,  including  many  distinguished  citizens. 
Influenced,  perhaps,  by  the  sarcasms  thrown  out  in  the  federal  convention, 
Rhode  Island,  shortly  after  the  adjournment  of  that  body,  had  passed  a  law 
(Oct.,  1787)  forbidding  its  citizens  to  engage  in  the  slave-trade.  The  kidnap 
ping  of  three  colored  persons  at  Boston,  enticed  on  board  a  vessel  and  carried 
to  the  West  Indies,  where  they  were  sold  as  slaves,  produced  a  great  excite 
ment  in  Massachusetts,  and  occasioned  (1788)  a  similar  prohibitory  act  there — 
an  example  speedily  imitated  by  Connecticut  and  Pennsylvania.  But  as  the 
federal  constitution  gave  to  congress  the  exclusive  regulation  of  commerce,  it 
had  become  very  questionable  whether  these  laws  retained  any  force. 

Nor  was  the  opposition  to  slavery  confined  to  legislative  acts  alone.  The 
united  synod  of  New  York  and  Philadelphia,  while  constituting  themselves  as 
the  General  Assembly  of  the  Presbyterian  Church  in  America,  had  issued  a 
pastoral  letter  (1788),  in  which  they  strongly  recommended  the  abolition  of 
slavery  and  the  instruction  of  the  negroes  in  letters  and  religion.  The  Metho 
dist  Episcopal  Church,  lately  introduced  and  rapidly  increasing,  especially  in 
Maryland  and  Virginia,  had  even  gone  so  far  as  to  disqualify  slave-holders  to 
be  members  of  their  communion.  Coke,  the  first  bishop,  was  exceedingly  zeal 
ous  on  this  subject ;  but  the  rule  was  afterwards  relaxed.  In  consequence  of 
the  efforts  and  preaching  of  Woolman  and  others,  opposition  to  slavery  had 
come  to  be  a  settled  tenet  of  the  Quakers. 

The  same  opinions  had  been  taken  up  as  matters  of  humanity  and  policy  as 
well  as  of  religion.  A  society  "for  promoting  the  abolition  of  slavery,  for 
the  relief  of  free  negroes  unlawfully  held  in  bondage,  and  for  improving  the 
condition  of  the  African  race,"  had  been  organized  in  Philadelphia  (1787),  of 
which  Franklin  was  president,  and  Dr.  Rush  and  Tench  Coxe  secretaries.  A 
similar  society  had  been  formed  in  New  York,  of  which  Jay  was  an  active 
member  ;  and  this  example  already  had  been  or  soon  was  imitated  in  all  the 
states  form  Virginia  northward.* 

*Hildreth's  History  of  the  United  States. 


FRANKLIN. 

A  petition  from  the  yearly  meeting  of  the  Quakers  of  Pennsylvania  and 
Delaware,  seconded  by  another  from  the  Quakers  of  New  York,  had  been  laid 
before  the  House,  in  which  it  was  suggested  whether,  notwithstanding  "  seem 
ing  impediments,"  occasioned  by  "  the  influence  and  artifice  of  particular  per 
sons,  governed  by  the  narrow,  mistaken  views  of  self-interest,"  it  was  not  with 
in  the  power  of  congress  "to  exercise  justice  and  mercy,  which,  if  adhered  to," 
the  petitioners  could  not  doubt,  "must  produce  the  abolition  of  the  slave- 
trade." 

Hartley  moved  the  reference  of  this  memorial  to  a  special  committee.  Sup 
ported  by  Madison  and  his  colleagues,  Parker,  Page,  and  White,  by  Lawrence, 
Sedgwick,  Boudinot,  Sherman,  and  Gerry,  this  motion  was  violently  opposed 
by  Smith  of  South  Carolina,  Jackson,  Tucker,  Baldwin,  and  Burke,  not  with 
out  many  sneers  at  "  the  men  in  the  gallery  " — the  Quaker  deputation  appoint 
ed  to  look  after  the  petition — "  who  had  come  here  to  meddle  in  a  business 
with  which  they  had  nothing  to  do."  Finally,  on  a  suggestion  of  Clymer's, 
supported  by  one  of  the  rules  of  the  House,  the  memorial  was  suffered  to  lie 
over  till  the  next  day. 

At  the  opening  of  the  session  that  next  day,  Feb.  12,  another  petition  was 
presented  relating  to  the  same  subject,  coming  from  the  Pennsylvania  society 
for  the  abolition  of  slavery.  It  was  signed  by  Franklin  as  president — one  of 
the  last  public  acts  of  his  long  and  diversified  career.  He  died  within  a  few 
weeks  afterward.  "  That  mankind,"  said  this  memorial,  "  are  all  formed  by 
the  same  Almighty  Being,  alike  objects  of  his  care,  and  equally  designed  for 
the  enjoyment  of  happiness,  the  Christian  religion  teaches  us  to  believe,  and 
the  political  creed  of  Americans  fully  coincides  with  that  position.  Your  me 
morialists,  particularly  engaged  in  attending  to  the  distresses  arising  from 
slavery,  believe  it  their  indispensable  duty  to  present  this  subject  to  your  notice. 
They  have  observed,  with  real  satisfaction,  that  many  important  and  salutary 
powers  are  vested  in  you  for  promoting  the  welfare  and  securing  the  blessings 
of  liberty  to  the  people  of  the  United  States ;  and  as  they  conceive  that  these 
blessings  ought  rightfully  to  be  administered,  without  distinctions  of  color,  to 
all  descriptions  of  people,  so  they  indulge  themselves  in  the  pleasing  anticipa 
tion  that  nothing  which  can  be  done  for  the  relief  of  the  unhappy  objects  of 
their  care  will  be  either  omitted  or  delayed. 

"  From  a  persuasion  that  equal  liberty  was  originally  the  portion,  and  is 
still  the  birthright  of  all  men,  and  influenced  by  the  strong  ties  of  humanity 
and  the  principles  of  the  constitution,  your  memorialists  conceive  themselves 
bound  to  use  all  justifiable  endeavors  to  loosen  the  bonds  of  slavery,  and  pro 
mote  a  general  enjoyment  of  the  blessings  of  freedom.  Under  these  impres 
sions,  they  earnestly  entreat  your  serious  attention  to  the  subject  of  slavery, 
that  you  will  be  pleased  to  countenance  the  restoration  of  liberty  to  those  un 
happy  men  who  alone,  in  this  land  of  freedom,  are  degraded  into  perpetual 
bondage,  and  who,  amid  the  general  joy  of  surrounding  freemen,  are  groaning 
in  servile  subjection  ;  that  you  will  devise  means  for  removing  this  inconsis 
tency  from  the  character  of  the  American  people  j  that  you  will  promote  mercy 


403  SLAVERY  IN  THE  UNITED  STATES. 

and  justice  toward  this  distressed  race ;  and  that  you  will  step  to  the  very 
verge  of  the  power  vested  in  you  for  discouraging  every  species  of  traffic  in 
the  persons  of  our  fellow-men." 

Immediately  after  tin,1  reading  of  this  petition,  which  could  not  have  much 
tended  to  soothe  the  excitement  of  the  day  before,  Hartley  called  up  the  Qua 
ker  memorial,  and  moved  its  commitment.  In  opposition  to  this  motion, 
Tucker  and  Burke  took  the  ground  that  the  memorial  contained  an  unconsti 
tutional  request,  as  congress  had  no  power  to  meddle  with  the  slave-trade  for 
treaty  years  to  come.  Tucker  pronounced  it  "a  mischievous  attempt,  an  im 
proper  interference,  at  the  best,  an  act  of  imprudence."  Burke  was  certain 
that  the  commitment  "  would  sound  an  alarm  and  blow  the  trumpet  of  sedition 
through  the  southern  states." 

"I  cannot  entertain  a  doubt,"  said  Scott  of  Pa.,  in  reply,  "that  the  memo 
rial  is  strictly  agreeable  to  the  constitution.  It  respects  a  part  of  the  duty 
particularly  assigned  to  us  by  that  instrument.  We  can  at  present  lay  our 
hands  on  a  small  tax  of  ten  dollars.  I  would  take  that ;  and  if  that  is  all  we 
can  do,  we  must  be  content.  I  am  sorry  the  framers  of  the  constitution  did 
not  go  further,  and  enable  us  to  interdict  the  slave-trade  altogether,  for  I  look 
upon  it  to  be  one  of  the  most  abominable  things  on  earth ;  and  if  there  were 
neither  God  nor  devil,  I  should  oppose  it  on  principles  of  humanity  and  the 
law  of  nature.  For  my  part,  I  cannot  conceive  how  any  person  can  be  said 
to  acquire  a  property  in  another.  The  petitioners  view  the  subject  in  a  reli 
gious  light ;  but  I  stand  not  in  need  of  religious  motives  to  induce  me  to  rep 
robate  the  traffic  in  human  flesh  Perhaps,  in  our  legislative  capacity,  we  can 
go  no  further  than  to  impose  a  duty  of  ten  dollars ;  but  I  do  not  know  how 
far  I  might  go  if  I  was  one  of  the  judges  of  the  United  States,  and  these  peo 
ple  were  to  come  before  me  and  claim  their  emancipation.  I  am  sure  I  woulc1 
go  as  far  as  I  could."  Jackson  maintained,  in  reply,  "the  qualified  property 
of  the  master  in  his  slaves ;"  he  referred  to  the  example  of  the  republics  of 
antiquity ;  and  relied  "  on  the  whole  current  of  the  Bible,  from  Genesis  to 
Revelations,"  as  proving  that  religion  was  not  against  slavery. 

Sherman  "  could  see  no  difficulty  in  committing  the  memorial.  It  was  prob 
able  the  committee  would  understand  their  business,  and  perhaps  they  might 
bring  in  such  a  report  as  would  be  satisfactory  to  gentlemen  on  both  sides  of 
the  House."  Baldwin  "was  sorry  that  a  subject  of  so  delicate  a  nature,  as 
respected  some  of  the  states,  had  been  brought  before  congress.  Such  gentle 
men  as  had  been  present  at  the  formation  of  the  constitution  could  not  but 
recollect  the  pain  and  difficulty  which  this  subject  had  then  occasioned.  So 
tender  were  the  southern  members  on  this  point,  that  the  convention  had  well- 
nigh  broken  up  without  coming  to  any  determination.  From  extreme  desire 
to  preserve  the  Union  and  to  establish  an  efficient  government,  mutual  conces 
sions  had  resulted,  concessions  which  the  constitution  had  jealously  guarded. 
The  moment  we  go  to  jostle  on  that  ground,  I  fear  we  shall  feel  it  tremble 
under  our  feet.  The  clause  in  the  constitution,  that  no  capitation  or  direct  tax 
should  be  laid,  except  in  proportion  to  the  census,  was  intended  to  prevent 


DEBATE.  409 

£  ...  i  „  .  ,._ 

congress  from  laying  any  special  tax  upon  slaves,  lest  they  might  in  that  way 
so  burden  the  owners  as  to  bring  about  a  general  emancipation.  Gentlemen 
have  said  that  this  petition  does  not  pray  for  the  abolition  of  the  slave-trade ; 
I  think,  sir,  it  prays  for  nothing  else,  and  that,  consequently,  we  have  nothing 
more  to  do  with  it,  than  if  it  prayed  us  to  establish  an  order  of  nobility  or  a 
national  religion." 

The  same  ground,  the  unconstitutionality  of  the  object  prayed  for,  was  relied 
upon  by  Smith  of  South  Carolina,  as  a  reason  for  not  committing  the  memo 
rial.  "  Notwithstanding  all  the  calmness  with  which  some  gentlemen  have 
viewed  the  subject,  they  will  find  that  the  mere  discussion  of  it  will  create 
alarm.  We  have  been  told  that,  if  so,  we  should  have  avoided  discussion  by 
saying  nothing.  But  it  was  not  for  that  purpose  we  were  sent  here.  We  look 
upon  this  measure  as  an  attack  upon  property ;  it  is,  therefore,  our  duty  to 
oppose  it  by  every  means  in  our  power.  When  we  entered  into  a  political 
connection  with  the  other  states,  this  property  was  there.  It  had  been  acquired 
under  a  former  government  conformably  to  the  laws  and  constitution,  and  every 
attempt  to  deprive  us  of  it  must  be  in  the  nature  of  an  ex  post  facto  law,  and, 
as  such,  forbidden  by  our  political  compact."  Like  the  other  speakers  on  that 
side,  Smith  indulged  in  a  good  many  slurs  on  the  Quakers.  "  His  constituents 
wanted  no  lessons  in  religion  and  morality,  and  least  of  all  from  such  teachers." 
Madison,  Page,  Gerry,  and  Boudinot  advocated  the  commitment.  As  to  the 
alarm  which  it  was  said  would  be  produced  by  committing  the  memorial,  Page 
thought  there  might  be  greater  ground  for  alarm  should  they  refuse  to  commit 
it.  "Placing  himself  in  the  case  of  a  slave,  on  hearing  that  congress  had  re 
fused  to  listen  to  the  decent  suggestions  of  a  respectable  part  of  the  commu 
nity,  he  should  infer  that  the  general  government,  from  which  great  good  was 
expected  to  every  class,  had  shut  their  ears  against  the  voice  of  humanity.  If 
anything  could  induce  him  to  rebel,  it  must  be  a  stroke  like  this,  impressing  on 
his  mind  all  the  horrors  of  despair.  Were  he  told,  on  the  other  hand,  that 
application  was  made  in  his  behalf,  and  that  congress  were  willing  to  hear  what 
could  be  urged  in  favor  of  discouraging  the  importation  of  his  fellow- wretches, 
he  would  still  trust  in  their  justice  and  humanity,  and  patiently  await  their  de 
cision.  Presuming  that  these  unfortunate  people  would  reason  in  the  same 
way,  he  thought  that  to  commit  the  petition  was  the  likeliest  means  to  avert 
danger.  He  lived  in  a  state  which  had  the  misfortune  to  have  in  her  bosom  a 
great  number  of  slaves.  He  held  many  himself,  and  was,  he  believed,  as  much 
interested  in  the  business  as  any  gentleman  in  South  Carolina  or  Georgia. 
Even  were  he  determined  to  hold  them  in  eternal  bondage,  he  should  feel  no 
uneasiness  at  the  reference  of  the  memorial,  relying  on  the  virtue  of  congress, 
and  their  disinclination  to  exercise  any  unconstitutional  power."  "Though 
congress  were  restricted  by  the  constitution  from  immediately  abolishing  the 
slave-trade,  yet  there  were  a  variety  of  ways,"  so  Madison  remarked,  "by 
which  they  might  countenance  the  abolition  of  that  traffic.  They  might,  for 
example,  respecting  the  introduction  of  slaves  into  the  new  states  to  be  formed 
out  of  the  western  territory,  make  regulations  such  as  were  beyond  their  power 


410  SLAVERY  IN  THE  UNITED  STATES. 

in  relation  to  the  old  settled  states,  an  object  which  he  thought  well  worthy  of 
consideration. " 

Gerry  "never  contemplated  this  subject  without  reflecting  what  his  own  feel 
ings  would  be  were  himself,  his  children,  or  his  friends  placed  in  the  same  de 
plorable  circumstances.  He  thought  the  subject-matter  of  the  memorial  clear 
ly  within  the  powers  of  congress  They  had  the  power  to  lay  at  once  a  duty 
of  ten  dollars  per  head  on  imported  slaves.  They  had  the  right,  if  they  saw 
proper,  to  propose  to  the  southern  states  to  purchase  the  whole  of  their  slaves, 
and  their  resources  in  the  western  territory  might  furnish  them  with  the  means. 
He  did  not  intend  to  propose  any  scheme  of  that  kind,  but  only  referred  to  it, 
to  show  that  congress  had  a  right  to  deal  with  the  matter. " 

The  question  being  taken  by  yeas  and  nays,  the  reference  was  carried,  forty- 
three  to  eleven.  Of  these  eleven,  six  were  from  Georgia  and  South  Carolina, 
being  all  the  members  present  from  those  two  states,  two  were  from  Virginia, 
two  from  Maryland,  and  one  from  New  York.  North  Carolina  was  not  yet 
represented. 

The  special  committee  to  whom  the  memorial  was  referred,  consisting  of 
one  member  from  each  of  the  following  states,  New  Hampshire,  Massachusetts, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania,  and  Virginia,  after  a 
month's  delay,  brought  in  a  report  consisting  of  seven  resolutions  :  1st.  That 
the  general  government  was  expressly  restrained,  until  the  year  1808,  from 
prohibiting  the  importation  of  any  persons  whom  any  of  the  existing  states 
might  till  that  time  think  proper  to  admit.  2d.  That,  by  a  fair  construction 
of  the  constitution,  congress  was  equally  restrained  from  interfering  to  emancipate 
slaves  within  the  states,  such  slaves  having  been  born  there,  or  having  been 
imported  within  the  period  mentioned.  3d.  That  congress  had  no  power  to 
interfere  in  the  internal  regulation  of  particular  states  relative  to  the  instruc 
tion  of  slaves  in  the  principles  of  morality  and  religion,  to  their  comfortable 
clothing,  accommodation,  and  subsistence,  to  the  regulation  of  marriages  or  the 
violation  of  marital  rights,  to  the  separation  of  children  and  parents,  to  a 
comfortable  provision  in  cases  of  age  or  infirmity,  or  to  the  seizure,  transpor 
tation,  and  sale  of  free  negroes  ;  but  entertained  the  fullest  confidence  in  the 
wisdom  and  humanity  of  the  state  legislatures  that,  from  time  to  time,  they 
would  revise  their  laws,  and  promote  these  and  all  other  measures  tending  to 
the  happiness  of  the  slaves.  The  fourth  asserted  that  congress  had  authority 
to  levy  a  tax  of  ten  dollars,  should  they  see  fit  to  exact  it,  upon  every  person 
imported  under  the  special  permission  of  any  of  the  states.  The  fifth  de 
clared  the  authority  of  congress  to  interdict  or  to  regulate  the  African  slave- 
trade,  so  far  as  it  might  be  carried  on  by  citizens  of  the  United  States  for  the 
supply  of  foreign  countries,  and  also  to  provide  for  the  humane  treatment  of 
slaves  while  on  their  passage  to  any  ports  of  the  United  States  into  which  they 
might  be  admitted.  The  sixth  asserted  the  right  of  congress  to  prohibit  for 
eigners  from  fitting  out  vessels  in  the  United  States  to  be  employed  in  the  sup 
ply  of  foreign  countries  with  slaves  from  Africa.  The  seventh  expressed  an 


POWER  OF  CONGRESS.  411 

intention  on  the  part  of  congress  to  exercise  their  authority  to  its  full  extent 
to  promote  the  humane  objects  aimed  at  in  the  Quakers'  memorial. 

After  a  warm  speech  against  the  injustice  and  unconstitutionality  of  med 
dling  with  the  question  of  slavery  in  any  shape,  Tucker  moved  to  strike  out 
the  whole  report,  and  substitute  for  it  a  simple  resolution,  refusing  to  take  the 
memorial  into  consideration  "  as  unconstitutional,  and  tending  to  injure  some 
of  the  states  of  the  Union."  Jackson  seconded  the  motion  in  a  speech  equal 
ly  warm,  to  which  Yining  replied.  But  this  motion  of  Tucker's,  after  a  good 
deal  of  time  spent  upon  that  point,  was  declared  out  of  order. 

White,  of  Yirginia,  moved  to  strike  out  the  first  resolution,  as  containing  a 
definition  of  the  powers  of  congress,  a  subject  not  referred  to  the  committee. 
His  colleague,  Moore,  passing  by  the  report,  attacked  the  memorial  and  its 
authors,  accusing  the  Quakers  of  harboring  runaway  slaves.  He  hoped  eman 
cipation  would  take  place  at  a  proper  time,  but  he  wished  to  have  it  brought 
about  by  other  means  than  by  the  influence  of  people  who  had  been  inimical 
to  independence.  Burke  was  not  an  advocate  for  slavery,  but  he  wished  to 
preserve  the  tranquility  of  the  Union,  which  this  unnecessary  and  impolitic 
measure  bade  fair  to  throw  into  a  state  of  confusion.  The  memorial  was  a 
reflection  on  the  southern  states.  The  negroes  there  lived  better  and  in  more 
comfortable  houses  than  the  poor  of  Europe.  He  referred  to  an  advertisement 
which  he  had  lately  seen  in  a  New  York  paper  of  a  woman  and  child  to  be 
sold.  That,  he  declared,  was  a  species  of  cruelty  unknown  in  the  southern 
states.  There  the  negroes  have  property,  horses,  cattle,  hogs,  and  furniture. 
With  respect  to  their  ceremony  of  marriage,  they  took  each  other  from  love 
and  friendship.  Though  eastern  gentlemen  expressed  so  great  an  antipathy  to 
this  species  of  property,  many  of  them  who  settled  in  the  south  became  as 
fond  of  it  as  any  others — a  fling  to  which  Gerry  subsequently  replied  that  the 
eastern  states  could  not  be  held  responsible  for  the  misdoings  of  their  emigrant 
citizens,  since  it  was  no  uncommon  thing,  even  in  the  animal  world,  for  exotics 
to  degenerate. 

Smith,  of  South  Carolina,  exerted  his  utmost  efforts  in  an  elaborate  defense 
of  slavery  and  the  slave-trade,  the  objections  to  which  he  considered  to  spring 
from  a  "  misguided  and  misinformed  humanity."  The  southern  states  required 
slaves  to  cultivate  their  lands,  which  could  not  be  done  by  white  people.  A 
white  laborer  from  the  northern  states  asks  two  dollars  per  day  when  employed 
in  any  of  the  southern  states.  The  low  countries,  in  which  rice  and  indigo 
are  cultivated,  would  be  deserted  if  emancipation  took  place ;  and  what  would 
then  become  of  the  revenue  ?  To  set  the  slaves  loose  would  be  a  curse  to 
them.  A  plan  had  been  thought  of  in  Yirginia  of  shipping  them  off  as  soon 
as  they  were  freed,  and  this  was  called  humanity !  Jefferson's  scheme  for 
gradual  emancipation,  as  set  forth  in  his  Notes  upon  Yirginia,  was  derided  as 
impracticable.  Emancipation  would  probably  result  in  an  exterminating  war. 
If,  on  the  other  hand,  a  mixture  of  blood  should  take  place,  we  should  all  be 
mulattoes  !  The  very  advocates  of  manumission  held  the  blacks  in  contempt, 
and  refused  to  associate  with  them.  No  scheme  could  be  devised  to  stop  the 


412  POLITICAL  HISTORY  OF  SLAVERY. 

increase  of  the  blacks,  except  a  law  to  prevent  the  intercourse  of  the  sexes,  or 
Herod's  scheme  of  putting  the  children  to  death.  The  toleration  of  slavery 
was  said  to  bring  down  reproach  upon  America,  but  that  reproach  belongs 
only  to  those  who  tolerate  it,  and  he  was  ready  to  bear  his  share.  It  was  said, 
also,  that  slavery  vitiates  and  debases  the  mind  of  the  slave-holder ;  but  where 
is  the  proof?  Do  the  citizens  of  the  south  exhibit  more  ferocity  in  their  man 
ners,  more  barbarity  in  their  dispositions,  than  those  of  the  other  states  ? 
Slavery  was  first  introduced  into  the  West  Indies  by  Las  Casas  from  motives 
of  humanity.  The  French  promote  the  slave-trade  by  premiums ;  and  are  not 
the  French  a  polished  people,  sensible  of  the  rights  of  mankind,  and  actuated 
by  just  sentiments  ?  The  Spaniards  encourage  slavery,  and  they  are  people 
of  the  nicest  honor,  proverbially  so.  The  Greeks  and  Romans  held  slaves, 
and  are  not  their  glorious  achievements  still  held  up  as  incitements  to  great 
and  magnanimous  actions  ?  Sparta  teemed  with  slaves  at  the  time  of  her 
greatest  fame  as  a  valiant  republic.  Much  had  been  said  of  the  cruel  treat 
ment  of  slaves  in  the  southern  states  and  the  West  Indies.  As  to  the  south 
ern  states,  from  experience  and  information,  he  denied  the  fact ;  he  believed  in 
his  conscience  that  the  slaves  in  South  Carolina  were  a  happier  people  than 
the  lower  order  of  whites  in  many  countries  he  had  visited.  As  to  the 
West  Indies,  Lord  Rodney  and  Admiral  Barrington,  both  of  whom  had  spent 
some  time  there,  had  lately  declared  in  the  house  of  commons  that  they  had 
never  heard  of  a  negro  being  cruelly  treated,  and  that  they  should  rejoice  ex 
ceedingly  if  the  English  day-laborers  were  half  as  happy. 

The  abolition  of  the  slave-trade  would  cause  an  African  massacre,  for  it  was 
well  known  to  be  the  custom  to  put  to  death  all  such  slaves  as  were  brought 
to  the  coast  and  not  sold.  The  cruelty  of  the  method  of  transportation  was 
alleged  as  a  motive  for  abolishing  the  traffic  ;  but  surely  the  merchants  would 
so  far  attend  to  their  own  interests  as  to  preserve  the  lives  and  health  of  the 
slaves  on  the  passage.  All  voyages  must  be  attended  with  inconveniences, 
and  those  from  Africa  to  America  not  less  than  others.  The  confinement  on 
board  was  no  more  than  was  necessary.  The  space  allowed  was  more  than  to 
soldiers  in  a  camp  ;  for  the  cubical  measurement  of  air  breathed  by  encamped 
soldiers  fell  below  that  allowed  in  the  slave-ships,  in  the  ratio  of  seventeen  to 
thirty. 

Baldwin  "  was  in  hopes  that  the  experience  of  the  house  had  convinced 
them  of  the  impropriety  of  entering  at  all  on  this  business.  It  was  a  reckless 
wandering  without  guidance,  and  the  longer  it  was  continued,  the  more  inex 
tricable  their  perplexities  would  become.  The  same  memorial,  he  was  in 
formed,  had  been  presented  to  the  senate,  but  they  had  taken  no  notice  of  it. 
They  had  even  negatived  a  motion  that  it  should  lie  upon  the  table ;  they 
would  not  blot  their  paper  with  the  subject  at  all.  He  hoped  this  house  would 
imitate  the  wisdom  of  the  senate,  and  pursue  the  subject  no  further.  The  most 
important  business  of  the  Union,  the  plan  for  the  support  of  the  public  credit, 
the  division  of  North  Carolina  into  collection  districts,  the  post-office  act,  ad 
ditional  revenue  act,  on  which  nearly  half  the  resources  of  the  year  depended, 


POWER  OF  CONGRESS.  413 

were  all  pressing  for  early  attention,  and  had  all  been  laid  aside  as  of  no  ac 
count,  had  all  been  made  to  yield  to  this  report.  And  yet  no  bill  was  brought 
forward  to  be  enacted  into  a  law ;  nothing  but  a  string  of  propositions  in  ex 
position  of  different  articles  of  the  constitution,  but  which,  ni  fact,  concluded 
nothing. 

"Another  reason  for  pursuing  this  business  no  further  was  the  influence  it 
manifestly  had  on  the  temper  of  the  members.  For  several  days  the  house 
had  been  in  a  constant  storm.  This  subject  contained  materials  of  the  most 
combustible  character  ;  it  had  always  been  among  the  most  contentious  in  the 
government  of  the  country.  In  different  parts  of  the  Union  there  was  a  well 
known  clashing  of  feelings  and  interests  on  this  subject.  It  was  long  a  doubt 
whether  it  would  not  form  an  insuperable  bar  to  our  union  as  one  people,  un 
der  one  government.  In  the  constitution  that  difficulty  had  been  surmount 
ed,  and,  so  far  as  he  had  been  informed,  almost  to  universal  satisfaction.  The 
strength  and  violence  of  majority  had  been  expected  on  this  subject ;  and  as 
it  was  not  unknown  on  which  side  the  majority  was,  security  against  it  was  set 
tled  deep  among  the  pillars  of  the  government.  He  had  not  felt  the  least 
alarm  that  the  rights  of  his  constituents  would  be  disturbed.  The  house,  from 
its  constitution,  would  be  in  some  respects  a  mirror  to  reflect  all  the  passions 
of  the  people.,  It  was  wise  that  the  feelings  of  the  people  should  have  an  op 
portunity  to  bear  a  part  in  legislation ;  and,  though  sometimes  inconvenient, 
it  would  not  be  dangerous,  since  there  was  another  branch  of  the  legislature 
whose  concurrence  was  necessary  in  all  public  measures.  From  the  manner  in 
which  that  body  was  constituted,  and  from  the  experience  already  had,  he 
doubted  not  the  senate  would  give  to  our  government  that  wisdom  and  firm 
ness  which  otherwise  it  would  not  possess.  Acts  of  congress  must  also  have 
the  approbation  of  the  man  whom  the  people,  in  the  remotest  regions  of  the 
country,  regard  as  their  father.  After  all,  should  there  be  any  doubt  of  the 
constitutionality  of  the  measures  of  congress,  they  cannot  be  carried  into  effect 
without  the  approval  of  the  supreme  court  of  the  United  States,  composed  of 
six  of  our  most  venerable  sages,  forming  one  of  the  most  respectable  courts 
upon  earth,  possessing  our  confidence  as  well  from  the  independence  of  their 
position  as  from  the  long  experience  we  have  had  of  their  wisdom.  On  this, 
as  on  all  other  occasions,  he  should  see  the  effects  of  majority  and  of  public 
passion  on  this  subject  totally  unconcerned.  The  uproar  of  contending  waves 
M  as  not  pleasant,  but  they  were  dashing  against  a  rock. " 

This  speech  of  Baldwin's  was  on  a  motion  of  Benson's,  which  Baldwin  had 
seconded,  to  recommit  the  report,  with  a  view  to  give  the  whole  matter  the  go 
by.  But  the  majority  were  not  thus  to  be  driven  from  their  purpose.  The 
motion  to  recommit  was  voted  down,  and  the  report  was  then  taken  up  article 
by  article.  The  three  first  resolutions  (those  relating  to  the  power  of  con 
gress  over  slavery  in  the  states)  were  adopted,  the  second  and  third  being  com 
pressed  into  one,  dropping  the  somewhat  offensive  details,  but  retaining  the 
substance.  Upon  the  fourth  resolution — that  relating  to  the  ten  dollar  tax  on 
slaves  imported — the  straggle  was  renewed.  Tucker  moved  to  strike  it  out,  in 
27 


414  POLITICAL  HISTORY  OF  SLAVERY. 

which  he  was  supported  by  Baldwin,  apparently  on  the  ground  that  the  reso 
lution  did  not  fairly  express  the  sense  of  the  constitution.  Hartley  took  this 
occasion  to  defend  the  committee  against  some  strictures  of  Burke's ;  but 
Burke  still  insisted  that  every  clause  in  the  report  was  drawn  in  ambiguous 
words,  so  as  to  involve  in  some  measure  such  an  interpretation  as  the  Qua 
kers  wished.  He  acquitted  the  committee  of  any  bad  intention ;  yet  he  could 
not  but  think  that,  throughout  the  whole  business,  the  southern  members  had 
been  very  hardly  dealt  by.  The  demand  of  the  Quakers,  as  iniquitous  as  it 
was  impolitic,  had  been  referred  to  a  committee.  The  southern  members  drag 
ged,  as  it  were,  in  spite  of  their  remonstrances,  to  the  bar  of  the  house,  had 
been  set  to  defend  their  reputation  and  property  against  the  Quakers,  for 
whose  right  to  offer  such  petitions  gentlemen  had  strenuously  contended.  He 
hoped  not  to  be  out  of  order  in  offering  another  remark.  The  southern  states 
were  able  to  defend,  and  he  hoped  would  defend,  their  property.  No  doubt 
those  states  would  pass  laws  punishing  as  incendiaries  any  Quakers  or  others 
who  should  be  found  exciting  their  domestics  to  conspiracies  or  inusurrectious. 

Page,  of  Virginia,  was  in  favor  of  the  ten  dollar  duty,  not  only  as  a  proper 
regulation  of  commerce,  but  to  show  that  congress,  as  far  as  lies  in  their  pow 
er,  were  disposed  to  discourage  a  shameful  traffic.  He  was  willing,  however, 
to  strike  out  the  resolution,  and  that  for  two  reasons.  Without  any  such  reso 
lution,  congress  would  still  have  the  power  to  lay  the  tax.  Should  the  power 
be  asserted,  and  then  the  tax  not  be  laid,  it  would  look  too  much  like  tem 
porizing,  like  seeming  to  yield  to  the  demand  of  the  Quakers,  while  in  heart 
the  house  was  still  as  much  against  it  as  those  by  whom  the  Quakers  and  their 
memorial  had  been  so  heartily  abused. 

Smith,  of  South  Carolina,  believed  that  the  committee  had  been  desirous  so 
to  frame  this  report  as  to  please  all  parties.  Some  clauses  were  meant  to 
allay  the  fears  of  the  southern  members,  others  were  calculated  to  gratify  the 
memorialists.  The  clause  now  under  consideration  seemed  to  be  intended  for 
that  purpose  ;  yet  he  was  persuaded  it  would  not  be  agreeable  to  the  Quakers. 
Their  nice  feelings  would  not  be  gratified  by  a  tax  of  this  kind,  the  imposition 
of  which  would  make  slaves  an  article  of  commerce.  He  and  his  colleagues 
had  been  censured  for  making  this  business  so  serious.  But  was  it  reasonable 
to  require  them  to  give  up  the  right  to  be  heard  ?  Had  the  southern  members 
been  silent  on  this  occasion,  and  not  expressed  themselves  as  they  had  done, 
they  would  have  betrayed  the  charge  intrusted  to  them. 

On  the  question  of  striking  out  the  fourth  resolution,  the  committee  was 
equally  divided,  but  the  motion  was  carried  by  the  casting  vote  of  Benson,  the 
chairman. 

The  fifth  resolution,  affirming  the  power  of  congress  to  regulate  the  slave- 
trade,  was  vehemently  opposed  by  Jackson,  Tucker,  and  Smith,  as  was  also  a 
modification  of  it  offered  by  Madison.  It  was  said  that,  under  pretense  of 
regulating  the  trade,  congress  might,  in  fact,  prohibit  it  entirely.  They  might 
insist,  for  instance,  on  such  expensive  accommodations  and  such  costly  provis 
ions  as  would  deter  merchants  from  engaging  in  it.  They  might  prohibit  ves- 


POWER  OF  CONGRESS. 

sels  of  less  than  six  hundred  tons  burden  to  engage  in  the  traffic,  whereas  no 
vessel  of  that  size  could  get  across  Charleston  bar. 

The  patience  of  some  of  the  northern  members  began  at  length  to  give  way. 
Viuing,  of  Delaware,  thought  the  southern  gentlemen  ought  to  be  satisfied 
with  the  alterations  already  made  to  please  them.  Some  respect  was  due  tc 
the  committee  which  had  framed  the  report,  and  to  the  prevailing  sentiment  of 
the  country.  All  the  states,  from  Virginia  to  New  Hampshire,  had  passed 
laws  against  the  slave-trade.  He  entered  also  into  a  defense  of  the  Quakers, 
many  of  whom  were  still  present  in  the  gallery,  and  whose  treatment,  by  sev 
eral  gentlemen,  he  thought  cruel  and  unjustifiable.  Baldwin  thought  the  reg 
ulation  of  the  slave-trade  had  better  be  left  to  the  states  that  tolerate  it.  He 
insinuated  some  doubts,  though  he  would  not  venture  to  express  a  decided 
opinion,  how  far  the  power  to  regulate  commerce  gave  to  congress  the  right  to 
pursue  an  individual  citizen  in  his  business  between  one  foreign  nation  and  an 
other.  Tucker  pushed  this  argument  to  a  much  greater  extent,  denying  the 
right  of  congress  over  citizens  trading  out  of  their  jurisdiction,  any  further 
than  to  deprive  vessels  so  employed  of  their  American  character.  But,  in 
spite  of  nil  the  objections  urged  against  it,  the  resolution,  as  modified  by  Mad 
ison,  was  adopted. 

On  the  sixth  resolution,  that  relating  to  the  foreign  slave-trade  carried  on 
from  ports  of  the  United  States,  Scott  made  an  elaborate  speech.  "  This  was 
a  subject,"  he  remarked,  "which  had  agitated  the  minds  of  most  civilized  na 
tions  for  a  number  of  years,  and  therefore  what  was  said,  and  more  particular 
ly  what  was  done  in  congress  at  this  time,  would,  in  some  degree,  form  the 
political  character  of  America  on  the  subject  of  slavery. 

"  Most  of  the  arguments  advanced  had  gone  against  the  emancipation  of 
such  as  were  slaves  already.  But  that  question  was  not  before  the  committee. 
The  report  under  consideration  involves  no  such  idea.  It  was  granted  on  all 
hands  that  congress  have  no  authority  to  intermeddle  in  that  business.  I  be 
lieve  that  the  several  states  with  whom  that  authority  really  rests  will,  from 
time  to  time,  make  such  advances  in  the  premises  as  justice  to  the  master  and 
slave,  the  dictates  of  humanity  and  sound  policy,  and  the  state  of  society  will 
require  or  admit,  and  here  I  rest  content. 

"  An  advocate  for  slavery  in  its  fullest  latitude,  in  this  age  of  the  world, 
and  on  the  floor  of  the  A  merican  congress  too,  seems  to  me  a  phenomenon  in 
politics.  Yet  such  ad^  ocates  have  appeared,  and  many  argumentative  state 
ments  have  been  urged,  to  which  I  will  only  answer  by  calling  on  those  who 
heard  them  to  believe  them  if  they  can.  With  me  they  defy,  yea,  mock  all 
belief." 

But  while  conceding  that  slavery  within  the  states  was  out  of  the  constitu 
tional  reach  of  congress,  Scott  was  not  inclined  to  admit  any  limitation  to  the 
power  of  that  body  over  the  importation  of  slaves  from  abroad.  "  The  clause 
relative  to  the  free  migration  or  importation,  until  1808,  of  such  persons  as 
any  of  the  states  might  see  proper  to  admit,  had  indeed  been  urged  as  intend 
ed  to  cover  this  very  case  of  the  slave-trade,  and  the  '  persons '  referred  to  in 


410  POLITICAL  HISTORY  OF  SLAVERY. 

that  clause  were  said  to  be  slaves.  He  could  not  think  it  satisfactory  to  be 
told  that  there  was  an  understanding  on  this  subject  between  the  northern  and 
southern  members  of  the  national  convention.  He  trusted  there  was  no  traf 
ficking  in  the  convention.  When  considering  our  constitutional  powers,  we 
must  judge  of  them  by  the  face  of  the  instrument  under  which  we  sit,  and  not 
by  the  certain  understandings  which  the  framers  of  that  instrument  may  be 
supposed  to  have  had  with  each  other,  but  which  never  transpired.  At  any 
rate,  the  constitution  was  not  obligatory  until  ratified  by  a  certain  number  of 
state  conventions,  which  can  not  be  supposed  to  have  been  acquainted  with 
the  understanding  in  the  national  convention,  but  must  be  taken  to  have  rati 
fied  the  constitution  on  its  own  merits,  as  they  appear  on  the  face  of  the  in 
strument.  He  had  the  honor  of  a  seat  in  one  of  those  conventions,  aud  gave 
his  assent  to  the  constitution  on  those  principles.  He  did  then,  he  did  now, 
and  he  ever  should,  judge  of  the  powers  of  congress  by  the  words  of  the  con 
stitution,  with  as  much  latitude  as  if  it  were  a  thousand  years  old,  and  every 
man  in  the  convention  that  framed  it  long  since  in  his  grave. 

"I  acknowledge,"  he  added,  "that  by  this  clause  of  the  constitution  con 
gress  is  denied  the  power  of  prohibiting,  for  a  limited  period,  the  importation 
or  migration  of  persons,  but  may  impose  a  tax  or  duty ;  and  I  say,  as  well  on 
the  white  as  on  the  black  person.  But  some  certain  inadmissible  qualities 
may  be  adherent  to  persons  which,  from  the  necessity  of  things,  must  and  will, 
notwithstanding  this  provision,  justify  the  exclusion  of  the  persons  themselves, 
such  as  a  plague,  or  hostile  designs  against  the  union  by  armed  immigrants. 
In  such  a  case,  if  the  importation  were  not  prevented,  I  should  be  more  in 
clined  to  impute  it  to  want  of  physical  than  of  constitutional  power.  In  con 
sistency  with  this  niode  of  reasoning,  I  believe  that  if  congress  should  at  any 
time  be  of  opinion  that  a  state  of  slavery  attached  to  a  person  is  a  quality 
altogether  inadmissible  into  America,  they  would  not  be  bound  by  the  clause 
above  cited  from  prohibiting  that  hateful  quality.  As  in  the  first  case  the 
plague,  and  in  the  second  the  enmity  and  arms,  so  in  the  third  the  state  of 
slavery  may,  notwithstanding  any  thing  in  this  clause,  be  declared  by  congress 
qualities,  or  conditions,  or  adherents,  or  what  you  please  to  call  them,  which, 
being  attached  to  any  person,  the  person  himself  can  not  be  admitted. 

"  By  another  clause  of  the  constitution,  congress  have  power  to  regulate 
trade.  Under  that  head  not  only  the  proposition  now  under  consideration,  but 
any  other  or  further  regulation  which  to  congress  may  seem  expedient,  is  fully 
in  their  power.  Nay,  sir,  if  these  wretched  Africans  are  to  be  considered  as 
property,  as  some  gentlemen  would  have  it,  and,  consequently,  as  subjects  of 
trade  and  commerce,  they  and  their  masters  so  far  lose  the  benefit  of  their  per 
sonality,  that  congress  may  at  pleasure  declare  them  contraband  goods,  and  so 
prohibit  the  trade  altogether. 

"  Again,  sir,  congress  have  power  to  establish  a  rule  of  naturalization.  This 
rule,  it  is  clear,  depends  on  the  mere  pleasure  of  congress.  Whenever  they 
may  declare,  by  law,  that  any  and  every  person,  black  or  white,  who  from  for 
eign  ports  can  only  get  his  or  her  foot  on  the  American  shore,  within  the  ter- 


POWER  OF  CONGRESS.  417 

ritory  of  the  United  States,  shall,  to  all  intents  and  purposes,  be  not  only  free 
persons,  but  free  citizens.  And  that  congress  has  such  power  is  clearly  proved 
by  the  very  bill  read  this  morning  on  the  subject  of  naturalization,  in  which  it 
is  provided  that  the  applicant  shall  be  a  "free  white  person,"  plainly  implying 
that,  but  for  that  restriction,  the  slave  black  man,  as  well  as  the  free  white 
man,  might  avail  himself  of  that  law  by  fulfilling  its  conditions. 

"  Moreover,  congress  have  power  to  define  and  punish  piracies  and  felonies 
on  the  high  seas.  Under  this  head,  congress  may,  when  they  please,  declare 
by  law  that  an  American  going  to  the  coast  of  Africa,  and  there  receiving  on 
board  of  any  vessel  any  person  in  chains  or  fetters,  or  in  any  manner  under 
confinement,  or  carrying  such  person,  whether  sold  as  a  slave  or  not,  to  any 
part  of  the  world,  without  his  own  free  will  and  consent,  to  be  certified  as  con 
gress  may  direct,  shall  be  guilty  of  piracy  and  felony  on  the  high  seas,  and,  on 
conviction  thereof,  shall  suffer  death  without  benefit  of  clergy  ;  and  congress 
may,  perhaps,  go  equally  far  with  respect  to  foreigners  who  land  slaves  within 
the  territory,  of  the  United  States,  in  contravention  of  any  regulation  they 
may  please  to  make. 

"  So  much  as  to  the  powers  of  congress.  I  desire  that  the  world  should 
know,  I  desire  that  those  people  in  the  gallery,  about  whom  so  much  has  been 
said,  should  know,  that  there  is  at  least  one  member  on  this  floor  who  believes 
that  congress  have  ample  powers  to  do  all  they  have  asked  respecting  the  Af 
rican  slave-trade.  Nor  do  I  doubt  that  congress  will,  whenever  necessity  or 
policy  dictate  the  measure,  exercise  those  powers.  I  believe  that  the  impor 
tation  of  one  cargo  of  slaves  would  go  far  toward  inducing  such  action ;  but  I 
believe,  also,  that  this  necessity  is  not  likely  to  happen.  The  states,  I  think, 
will  severally  do  what  is  rjght  in  the  premises. 

"  If  the  question  were,  what  will  congress  do  ?  not  a  member  from  the  south 
is  more  ready  than  I  to  say,  nothing.  I  think  that  as  yet  there  is  no  necessity 
for  acting.  But  the  question  being  as  to  the  powers  of  congress,  those  pow 
ers,  if  expressed  at  all,  should  be  fully  expressed."  • 

Jackson,  who  rose  in  reply  to  Scott,  after  laboring  to  establish  the  divine 
origin  of  slavery  by  quotations  from  Moses,  and  its  moral  and  political  recti 
tude  by  the  example  of  the  Greeks  and  Romans,  addresed  himself  then  to  the 
constitutional  question.  "  The  gentleman  trusted  there  was  no  trafficking  in 
the  convention.  What  he  called  trafficking  I  believe  was  necessary.  In  or 
der  that  the  constitution  might  be  made  agreeable  to  all  parties,  interests  were 
to  be  mutually  given  up.  In  suffering  a  bare  majority  of  congress  to  decide 
on  laws  relative  to  navigation,  the  south  admitted  what  was  injurious  to  them, 
in  ordef  to  obtain  security  for  their  slave  property  ;  and  without  it  I  believe 
the  union  would  never  have  been  completed.  Break  this  tie,  and  you  now 
dissolve  it.  Suppose  congress  were  to  forbid  the  eastern  fishery,  or  to  put  re 
strictions  upon  it ;  would  the  eastern  states  submit  ?  Affect  the  southern 
property,  and  gentlemen  may  assure  themselves  of  the  same  tendency.  The 
gentleman  is  willing  to  let  this  business  rest  till  it  appears  what  the  states  will 
do.  His  alternative  is,  if  you  will  not  abolish  slavery,  we  will.  He  hoped 


* 

418  POLITICAL  HISTORY  OF  SLAVERY. 

the  house  would  be  cautious  how  they  adopted  this  language,  how  they  de 
stroyed  that  constitution  which  had  been  so  happily  established." 

Smith,  of  South  Carolina,  wished  to  see  an  end  of  this  disagreeable  busi 
ness,  and  had  determined  to  say  nothing  more  on  the  subject,  because  he  la 
mented  the  waste  of  time  already  occasioned  by  it,  and  the  ill  humor  it  had 
produced  among  gentlemen  heretofore  accustomed  to  treat  each  other  with 
politeness.  But  the  observations  made  by  the  gentleman  from  Pennsylvania 
(Scott)  required  some  answer.  He  agreed  that  congress  had  no  greater  right 
to  levy  a  duty  of  ten  dollars  on  slaves  imported  than  on  freemen,  for  the  con- 
siitutiqp  made  no  difference.  It  spoke  of  migration  as  well  as  importation. 
But  this  remark  he  could  not  reconcile  with  another  made  by  the  gentleman, 
that,  as  congress  had  power  to  regulate  trade,  they  might,  therefore,  regulate 
the  trade  in  slaves  ;  for,  if  there  was  nothing  in  the  constitution  which  held 
out  the  idea  of  slavery,  how  could  these  Africans  be  viewed  in  a  light  different 
from  any  other  class  of  beings  ? 

"  But  the  gentleman  had  insisted  that  congress  might  prohibit  the  importa 
tion  of  any  species  of  persons  of  an  inadmissible  quality ;  as,  for  instance, 
persons  affected  with  a  pestilential  disorder ;  and,  as  slavery  was  as  bad  as 
the  plague,  they  might  interdict  the  importation  of  slaves.  The  argument 
was  new  and  ingenious,  and,  if  well  founded,  would  go  much  further ;  for,  if 
congress  could  interdict  the  bringing  of  a  plague  into  the  country,  they  had 
equal  authority  to  drive  a  plague  out  of  it ;  and  as  the  Quaker  memorialists 
had  been  a  great  plague  to  them,  and  as  sore  a  plague  to  the  southern  states 
as  any  whatever,  these  Quakers,  under  this  power,  might  be  exterminated. 

"  The  respectable  name  of  Dr.  Franklin  had  been  mentioned  as  giving  coun 
tenance  to  these  memorials,  one  of  which  was  signed  by  him  as  president  of 
the  abolition  society.  It  was  astonishing  to  see  that  gentleman's  name  to  an 
application  which  called  upon  congress,  in  explicit  terms,  to  break  a  solemn 
compact  to  which  he  had  himself  been  a  party.  The  gentleman  from  Massa 
chusetts  (Gerry)  had  declared  that  it  was  the  opinion  of  the  select  committee, 
of  which  he  was  a  member,  that  the  memorial  from  the  Pennsylvania  society 
asked  congress  to  violate  the  constitution.  And  it  was  no  less  astonishing 
that  Dr.  Franklin  had  taken  the  lead  in  a  business  which  looked  so  much  like 
a  persecution  of  the  southern  inhabitants,  especially  when  he  recollected  the 
parable  the  doctor  had  written  some  time  ago  with  a  view  to  show  the  impro 
priety  of  one  set  of  men  persecuting  others  for  a  difference  of  opinion." 

Boudinot  "  agreed  to  the  general  doctrines  of  Scott,  but  could  not  go  so 
fur  as  to  say  that  the  clause  in  the  constitution  relating  to  the  importation  or 
migration  of  such  persons  as  the  states  now  existing  shall  think  proper  to  ad 
mit,  did  not  include  the  case  of  negro  slaves.  Candor  required  him  to  ac 
knowledge  that  this  was  the  express  design  of  the  constitution.  He  had  been 
informed  that  the  tax  or  duty  of  ten  dollars  was  agreed  to  instead  of  five  per 
cent,  ad  valorem,  and  that  it  was  so  expressly  understood  by  all  parties  in  the 
convention.  It  was,  therefore,  the  interest  and  duty  of  congress  to  impose  the 
tax,  or  it  would  not  be  doing  justice  to  the  states  or  equalizing  the  dutiea 


POWER  OF  CONGRESS.  419 

throughout  the  union.  Che  gentlemen  in  opposition  were  justifiable  in  sup 
porting  the  interests  of  heir  constituents,  but  their  warmth  had  been  excessive. 
Yet  even  that  warmth  was  not  without  excuse.  It  was  an  arduous  task,  in 
this  enlightened  age,  to  prove  the  legality  of  slavery.  When  gentlemen  at 
tempt  to  justify  this  unnatural  traffic,  or  to  prove  the  lawfulness  of  slavery, 
they  ought  to  advert  to  the  genius  of  our  government  and  to  the  principles  of 
the  revolution.  '  If  it  were  possible  for  men  who  exercise  their  reason  to  be 
lieve,'  says  the  declaration  of  1775,  setting  forth  the  causes  and  necessity  for 
taking  up  arms,  '  that  the  divine  author  of  our  existence  intended  a  part  of 
the  human  race  to  hold  an  absolute  power  in  and  an  unbounded  property  over 
others,  marked  out  by  his  infinite  goodness  and  wisdom  as  the  objects  of  a  le 
gal  domination  never  rightfully  resistible,  however  severe  and  oppressive,  the 
inhabitants  of  these  colonies  might  at  least  require  from  the  parliament  of 
Great  Britain  some  evidence  that  this  dreadful  authority  over  them  had  been 
granted  to  that  body.'  By  the  declaration  of  independence,  in  1776,  congress 
declare  '  these  truths  to  be  self-evident,  that  all  men  are  created  equal,  that 
they  are  endowed  by  their  creator  with  certain  inalienable  rights,  and  that 
among  these  are  life,  liberty,  and  the  pursuit  of  happiness.'  Such  was  the 
language  of  America  in  the  day  of  her  distress. 

"  But  there  was  a  wide  difference  between  justifying  the  African  slave-trade 
and  supporting  a  claim  vested  at  the  adoption  of  the  constitution  and  guaran 
teed  by  it ;  nor  would  he  be  understood  as  contending  for  any  right  in  congress 
to  give  freedom  to  those  who  are  now  held  as  slaves,  or,  at  the  present  time, 
to  prohibit  the  slave-trade.  It  would  be  a  piece  of  inhumanity  to  turn  these 
unhappy  people  loose,  to  murder  each  other  or  to  perish  for  want  of  the  nec 
essaries  of  life.  He  never  was  an  advocate  for  conduct  so  extravagant." 

After  an  elaborate  vindication  of  the  Quakers,  Boudinot  denied  that  the  pe 
tition  signed  by  Franklin  asked  any  thing  contrary  to  the  constitution.  The 
request  "was  to  go  to  the  utmost  verge  of  the  constitution,"  not  to  go  be 
yond  it. 

Jackson  was  by  no  means  satisfied  with  the  distinction  attempted  to  be  set 
up  between  the  African  slave-trade  and  the  case  of  the  slaves  already  in  the 
country.  "  I  am  for  none  of  these  half-way  consciences;  if  I  was  disposed  to 
do  any  thing,  I  should  he  for  total  abolition.  Let  charity  and  humanity  begin 
at  home  ;  let  the  gentlemen  in  the  northern  states  who  own  slaves  and  advo 
cate  their  cause,  set  the  example  of  .emancipation.  Let  them  prove  their  own 
humanity ;  let  them  pull  the  beam  out  of  their  own  eye  previous  to  discover 
ing  the  mote  in  their  neighbor's.  That  is  an  argument  that  would  speak  for 
itself.  Gentlemen  have  talked  of  our  raising  alarms ;  but  it  is  at  a  reality, 
not  at  a  bug-bear.  The  whole  tenor  of  the  resolutions  has  been  contrary  to 
southern  interests ;  and  manumission,  emancipation,  and  abolition  have  been 
their  intention.  I  give  the  gentleman  from  Pennsylvania  (Scott)  credit ;  I  ad 
mit  his  candor ;  he  has  boldly  spoken  out.  I  wish  the  same  might  be  done  by 
other  members,  who  appear  to  me  to  conceal  their  real  designs  under  the  spe 
cious  pretext  of  concern  for  the  interests  of  the  southern  states." 


420  POLITICAL   HISTORY  OF  SLAVERY. 

Williamson  thought  the  time  of  congress  badly  employed  in  passing  ab 
stract  resolutions  as  to  what  they  could  or  could  not  do,  and  still  worse  in  dis 
cussing,  what  appeared  to  be  the  general  subject  of  debate,  whether  the  Qua 
kers  were  the.  worst  or  the  best  of  all  religious  societies.  As  to  their  conduct 
in  the  present  case,  he  believed  they  held  themselves  bound  in  conscience  to 
bear  a  testimony  against  slavery.  He  revered  all  men  who  respect  the  dic 
tates  of  conscience  at  the  expense  of  time  and  money :  such  men  are  seldom 
bad  members  of  society.  "We,  too,  must  regard  the  dictates  of  conscience  ; 
we  are  bound  to  support  the  constitution,  and  to  protect  the  property  of  OUF 
fellow-citizens ;  and  we  are  expressly  prohibited  by  the  constitution  from  giv 
ing  liberty  to  a  single  slave.  That  business  remains  with  the  individual  states; 
it  is  not  committed  to  congress,  who  have  no  right  to  intermeddle  with  it." 
He  was  therefore  opposed  to  all  the  resolutions. 

After  some  further  debate,  in  which  the  merits  of  the  Quakers  continued  to 
hold  a  large  place,  the  sixth  resolution  was  agreed  to.  The  seventh,  pledging 
congress  to  exert  their  full  powers  for  the  restriction  of  the  slave-trade — and, 
as  it  might  also  be  understood,  for  the  discountenancing  of  slavery — was  struck 
out.  The  committee  then  rose,  and  reported  the  resolutions  to  the  house. 

The  next  day,  March  23d,  as  soon  as  the  preliminary  business  had  been  dis 
posed  of,  it  was  moved  to  take  up  this  report.  Ames  expressed  the  opinion 
that  the  subject  might  rest  at  the  stage  it  had  reached.  He  regretted  the  time 
consumed,  and  the  manner  also  in  which  the  debate  had  been  conducted.  He 
reprobated  the  idea  of  a  declaration  of  abstract  propositions.  Let  the  report 
lie  on  the  files  of  the  house,  where  it  might  be  occasionally  referred  to. 

Ames  was  highly  complimented  by  Jackson,  who  wished  that  more  of  the 
members  from  the  eastward  had  acted  in  the  same  spirit.  Madison  thought 
the  suggestion  of  Ames  a  good  one,  with  this  modification,  that  the  report  of 
the  committee  of  the  whole  should  be  entered  on  the  journals  for  the  informa 
tion  of  the  public,  and  to  quiet  the  fears  of  the  south,  by  showing  that  congress 
claimed  no  power  to  prohibit  the  importation  of  slaves  before  1808,  and  no 
power  of  manumission  at  any  time. 

Burke  "  complained  of  this  as  an  uncandid  method  of  disposing  of  the  busi 
ness.  He  would  rather  it  should  pass  regularly  through  the  forms  of  the  house. 
It  was  smuggling  the  affair  to  let  it  rest  here,  as  it  deprived  the  people  of  the 
counsel  of  their  senate."  Smith  took  the  same  ground.  The  precedents 
quoted  of  memorials  entered  on  the  journals  were  not  applicable  to  the  pres 
ent  question,  which  involved  a  discussion  of  the  powers  of  congress.  On  a 
question  as  to  those  powers,  the  senate,  composing  one  branch  of  the  legisla 
ture,  should  certainly  be  consulted.  Both  reports  were  now  to  be  entered  on 
the  journals,  without  any  declaration  to  show  which  had  been  approved  and 
which  rejected.  They  were  precluded  from  having  the  yeas  and  nays  on  the 
report,  and  yet  it  would  be  called  the  act  of  the  house.  Madison  contended 
that,  as  it  was  impossible  to  shut  the  door  altogether  upon  this  business,  the 
method  proposed  was  the  most  conciliatory,  and  the  best  adapted  to  the  pres- 


POWER  OF  CONGRESS.     -v*  421 

«nt  situation  of  things.  The  motion  finally  prevailed  by  a  vote  of  twenty-nine 
to  twenty-five,  and  the  report  was  entered  on  the  journal  as  follows  : 

"  That  the  migration  or  importation  of  such  persons  as  any  of  the  states 
now  existing  shall  think  proper  to  admit,  can  not  be  prohibited  by  congress 
prior  to  the  year  1808. 

"  That  congress  have  no  right  to  interfere  in  the  emancipation  of  slaves,  or 
in  the  treatment  of  them,  in  any  of  the  states,  it  remaining  with  the  several 
states  alone  to  provide  any  regulations  therein  which  humanity  aud  true  policy 
require. 

"That  congress  have  authority  to  restrain  the  citizens  of  the  United  States 
from  carrying  on  the  African  slave-trade  for  the  purpose  of  supplying  foreign 
ers  with  slaves,  and  of  providing  by  proper  regulations  for  the  humane  treat 
ment,  during  their  passage,  of  slaves  imported  by  the  said  citizens  into  the 
said  states  admitting  such  importation. 

"That  congress  have  also  authority  to  prohibit  foreigners  from  fitting  out 
vessels  in  any  port  of  the  United  States  for  transporting  persons  from  Africa 
to  any  foreign  port."  * 

On  the  22d  of  December,  1789,  North  Carolina  passed  an  act  ceding,  on 
certain  conditions,  all  her  territory  lying  west  of  her  present  limits,  to  the 
United  States.  Among  the  conditions  is  the  following  : 

"  Provided  always,  that  no  regulations,  made  or  to  be  made,  by  congress, 
shall  tend  to  emancipate  slaves." 

The  conditions  exacted  were  acceded  to  by  congress  in  an  act  approved 
April  2,  IT 90.  Xo  report  of  the  debate  on  the  passage  of  the  act  exists. 

SLAVE  POPULATION.— CENSUS  OF  1790. 

Connecticut 2,759  North  Carolina 100,572 

Delaware 8,887  Pennsylvania 3,737 

Georgia 29,264  Rhode  Island 952 

Kentucky 11,830  South  Carolina 107,094 

Maryland 103,036  Vermont 17 

New  Hampshire 158  Virginia 293,427 

New  Jersey 11,423  Territory  south  of  Ohio.     3,417 

New  York 21,324  Aggregate,  697,897. 

Yermont  was  admitted  into  the  Union  Feb.  18, 1791.  The  constitution  nn- 
der  which  she  came  in  was  originally  adopted  in  1777,  and  had  been  slightly 
altered  in  1785.  The  first  article  of  the  Bill  of  Rights  declared  that  "no  male 
person  born  in  this  country,  or  brought  from  over  sea,  ought  to  be  bound  by 
law  to  serve  any  person  as  a  servant,  slave,  or  apprentice  after  he  arrives  at 
the  age  of  twenty-one  years,  nor  female,  in  like  manner,  after  she  arrives  at 
the  age  of  twenty-one  years,  unless  they  are  bound  by  their  own  consent  after 
they  arrive  at  such  age,  or  are  bound  by  law  for  the  payment  of  debts,  dam 
ages,  fines,  costs,  or  the  like  "  This  provision  was  contained  in  the  constitu- 

*  Annals  of  Congress.     Hildreth's  Hist.  U.  8. 


a 

422  POLITICAL  HISTORY  OF  SLAVERY. 

tion  of  IT 7 7,  so  tbat  to  Vermont  the  honor  belongs  of  having  been  the  first 
American  state  to  abolish  and  prohibit  slavery. 

Kentucky  was  admitted  into  the  Union,  by  act  of  congress,  Feb.  4,  IT 91, 
before  any  constitution  had  been  formed  for  the  state.  In  IT 92,  however,  a 
constitution  was  framed.  An  article  on  the  subject  of  slavery  provided  that 
the  legislature  should  have  no  power  to  pass  laws  for  the  emancipation  of  slaves 
without  the  consent  of  their  owners,  nor  without  paying  therefor,  previous  to 
such  emancipation,  a  full  equivalent  in  money  ;  nor  laws  to  prevent  immigrants 
from  bringing  with  them  persons  deemed  slaves  by  the  laws  of  any  one  of  the 
United  States,  so  long  as  any  persons  of  like  age  and  description  should  be 
continued  in  slavery  by  the  laws  of  Kentucky.  But  laws  might  be  passed  pro 
hibiting  the  introduction  of  slaves  for  the  purpose  of  sale,  and  also  laws  to 
oblige  the  owners  of  slaves  to  treat  them  with  humanity,  to  provide  them 
with  Necessary  clothing  and  provisions,  and  to  abstain  from  all  injuries  extend 
ing  to  life  or  limb ;  and  provision  might  be  made,  in  case  of  disobedience  fl> 
such  laws,  for  the  sale  of  the  slave  to  some  other  owner,  the  proceeds  to  be 
paid  over  to  the  late  master.  The  legislature  was  also  required  to  pass  laws 
giving  to  owners  of  slaves  the  right  of  emancipation,  saving  the  rights  of  cred 
itors,  and  requiring  security  that  the  emancipated  slaves  should  not  become  a 
burden  to  the  county. 

During  the  congressional  session  of  IT 91,  the  abolition  society  of  Penn 
sylvania  presented  a  memorial,  calling  upon  congress  to  exercise,  for  the  sup 
pression  of  the  slave-trade,  those  powers  which,  by  the  report  of  the  committee 
of  the  whole,  entered  on  the  journals  of  the  house,  congress  had  been  de 
clared  to  possess.  Reenforced  by  others  from  the  abolition  societies  of  Rhode 
Island,  Connecticut,  New  York,  Virginia,  and  from  several  local  societies  in 
Maryland,  that  memorial  was  referred  to  a  special  committee.  As  that  com 
mittee  made  no  report,  memorials  were  presented  at  the  next  session  from  the 
abolition  societies  of  New  Hampshire  and  Massachusetts,  recalling  the  atten 
tion  of  congress  to  the  subject ;  but  these  were  suffered  to  lie  upon  the  table 
without  reference.  Afterward  a  separate  petition  was  presented  from  Warner 
Mifflin,  a  philanthropic  Quaker  of  Delaware,  on  the  general  subject  of  negro 
slavery,  its  injustice,  and  the  necessity  of  its  abolition.  At  the  time  of  its  pre 
sentation,  this  document  was  read  and  laid  upon  the  table  without  comment. 
Two  days  after,  Nov.  26,  IT 92,  Steele,  of  North  Carolina,  called  attention  to 
it  by  observing  "  that,  after  what  had  passed  at  New  York,  he  had  hoped  the 
house  would  have  heard  no  more  of  that  subject.  To  his  surprise,  he  found 
the  business  started  anew  by  a  fanatic,  who,  not  content  with  keeping  his  own 
conscience,  undertook  to  be  the  keeper  of  the  consciences  of  other  men,  and, 
in  a  manner  not  very  decent,  had  obtruded  his  opinion  on  the  house."  After 
some  complaints  that  such  a  petition  should  have  been  presented,  Steele  moved 
that  it  be  returned  to  the  petitioner  by  the  clerk,  and  that  the  entry  of  it  be 
erased  from  the  journal.  The  petition,  it  chanced,  had  been  presented  by 
Ames,  to  whom  Mifflin  had  applied  for  that  purpose,  as  the  Delaware  member 
happened  to  be  absent.  Ames  hastened  to  renew  the  declaration  of  his  opin- 


FUGITIVE  LAW.  423 

ion,  expressed  in  the  debate  two  years  before,  that  congress  could  take  no  steps 
as  to  the  matter  to  which  the  memorial  related.  Having  been  requested  to 
present  it,  he  had  done  so  on  the  general  principle  that  every  citizen  had  a 
right  to  petition  the  legislature,  and  to  apply  to  any  member  as  the  vehicle  to 
convey  his  petition  to  the  house. 

In  seconding  Steele's  motion,  Smith,  of  South  Carolina,  "admitted,  to  its 
full  extent,  the  right  of  every  citizen  to  petition  for  redress  of  grievances,  and 
the  duty  of  the  house  to  consider  such  petitions.  But  the  paper  iu  question 
was  not  of  that  description.  It  was  a  mere  rant  and  rhapsody  of  a  meddling 
fanatic,  interlarded  with  texts  of  Scripture,  and  without  any  specific  prayer. 
The  citizens  of  the  southern  states,  finding  that  a  paper  of  this  sort  had  been 
received  by  the  house,  and  formally  entered  on  their  journals,  might  justly  be 
alarmed,  and  led  to  believe  that  doctrines  were  countenanced  destructive  of 
their  interests.  The  gentleman  who  presented  it,  and  who,  he  observed  with 
regret,  had  not  on  this  occasion  displayed  his  usual  regard  for  the  southern 
states,  had  stated  its  contents  to  relate  only  to  the  slave-trade.  Had  he  stated 
its  real  objects,  namely,  to  create  disunion  among  the  states,  and  to  excite  the 
most  horrible  insurrections,  the  house  would  undoubtedly  have  refused  its  re 
ception.  After  the  proceedings  at  New  York,  his  constituents  had  a  right  to 
expect  that  the  subject  would  never  be  stirred  again.  These  applications  were 
not  calculated  to  meliorate  the  condition  of  those  who  were  their  objects,  and 
who  were  at  present  happy  aud  contented.  On  the  contrary,  by  alienating 
their  affections  from  their  masters,  and  exciting  a  spirit  of  restlessness,  they 
tended  to  make  greater  severities  necessary.  He  therefore  earnestly  called  up 
on  the  house,  by  agreeing  to  the  present  motion,  to  convince  this  troublesome 
enthusiast,  and  others  who  might  be  disposed  to  communicate  their  ravings  and 
wild  effusions,  that  they  would  meet  the  treatment  they  justly  deserved.  As 
the  present  application  was  disrespectful  to  the  house,  insulting  to  the  southern 
members,  and  a  libel  on  their  constituents,  it  ought  no  longer  to  remain  on  the 
table,  but  should  be  returned  to  its  author  with  marked  disapprobation. "  That 
part  of  the  motion  relating  to  the  return  of  the  petition  was  agreed  to ;  the 
part  respecting  the  erasure  of  the  journal  was  withdrawn  by  the  mover. 

An  important  act  regulating  the  surrender  of  fugitives  from  justice  and  the 
restoration  of  fugitives  from  service,  as  provided  for  in  the  constitution,  was 
passed  in  1793. 

Fugitives  from  justice,  on  the  demand  of  the  executive  of  the  state  whence 
they  had  fled  upon  the  executive  of  any  state  in  which  they  might  be  found, 
accompanied  with  an  indictment  or  affidavit  charging  crime  upon  them,  were 
to  be  delivered  up  and  conveyed  back  for  trial.  This  part  of  the  act  still  re 
mains  in  force. 

In  case  of  the  escape  out  of  any  state  or  territory  of  any  person  held  to 
service  or  labor  under  the  laws  thereof,  the  person  to  whom  such  labor  was  due, 
his  agent,  or  attorney,  might  seize  the  fugitive  and  carry  him  before  any  United 
States  judge,  or  before  any  magistrate  of  the  city,  town,  or  county  in  which 
the  arrest  was  made ;  and  such  judge  or  magistrate,  on  proof  to  his  satisfac- 


424  POLITICAL  HISTORY  OF  SLAVERY 

tion,  either  oral  or  by  affidavit  before  any  other  magistrate,  that  tke  person 
seized  was  really  a  fugitive,  and  did  owe  labor  as  alleged,  was  to  grant  a  cer 
tificate  to  that  effect  to  the  claimant,  this  certificate  to  serve  as  sufficient  war 
rant  for  the  removal  of  the  fugitive  to  the  state  whence  he  had  fled.  Any  per 
son  obstructing  in  any  way  such  seizure  or  removal,  or  harboring  or  conceal 
ing  any  fugitive  after  notice,  was  liable  to  a  penalty  of  $500,  to  be  recovered 
by  the  claimant. 

This  act,  which  originated  with  the  senate,  seems  to  have  passed  the  house 
without  any  debate.  At  the  time  of  its  passage,  and  for  many  years  after,  the 
above  provisions  attracted  little  attention.  At  a  later  period,  they  were  de 
nounced  not  only  as  exceedingly  harsh  and  peremptory,  opening  a  door  to 
great  abuses,  but  as  unconstitutional,  in  subjecting  that  most  important  of  all 
juridical  questions,  the  right  of  personal  liberty,  to  a  summary  jurisdiction, 
without  trial  by  jury,  or  any  appeal  on  points  of  law.  Availing  themselves  of 
a  decision  of  the  supreme  federal  court  as  to  the  want  of  power  in  congress  to 
impose  duties  on  state  officers,  most  of  the  free  states  passed  acts  forbidding 
their  magistrates,  under  severe  penalties,  to  take  any  part  in  carrying  this  law 
into  execution  ;  and  it  was  thus  substantially  reduced  to  a  dead  letter.  * 

In  1794,  a  convention  was  held  in  Philadelphia  of  delegates  from  all  the 
abolition  societies  in  the  country.  A  memorial  was  drawn  up  by  this  conven 
tion  in  such  a  manner  as  to  avoid  constitutional  objections,  praying  congress  to 
do  whatever  they  could  for  the  suppression  of  the  slave-trade.  This  memorial, 
with  several  Quaker  petitions,  was  referred  to  a  select  committee,  and  the  bill 
which  they  reported  passed  with  little  opposition.  It  prohibited  the  fitting 
out  of  vessels  in  the  United  States  for  supplying  any  foreign  countries  with 
slaves,  under  penalty  of  forfeiture  of  the  vessel  and  a  fine  of  $2,000. 

In  1797,  the  subject  of  slavery  was  again  brought  before  congress,  by  the 
presentation  of  a  petition  from  the  yearly  meeting  at  Philadelphia  of  the  Qua 
kers.  Among  other  matters,  the  memorial  complained  that  certain  persons  of 
the  African  race,  to  the  number  of  one  hundred  and  thirty-four,  set  free  by  the 
Quakers,  besides  others  whose  cases  were  not  so  particularly  known,  had  been 
reduced  again  into  cruel  bondage  under  the  authority  of  an  ex  post  facto  law 
passed  for  that  purpose  by  the  state  of  North  Carolina,  in  It 7 7,  authorizing 
the  seizure  and  resale,  as  slaves,  of  certain  emancipated  negroes. 

Any  action  upon  this  petition  was  vehemenently  opposed  by  Harper,  of  S.  C., 
who  complained  that  this  was  not  the  first,  second,  nor  third  time  that  the 
house  had  been  troubled  by  similar  applications,  which  had  a  very  dangerous 
tendency.  This  and  every  other  legislature  ought  to  set  their  faces  against 
memorials  complaining  of  what  it  was  impossible  to  alter. 

Thacher,  of  Massachusetts,  suggested,  in  reply,  that  where  persons  considered 
themselves  injured,  they  would  not  be  likely  to  leave  off  petitioning  till  the 
house  took  some  action  upon  their  petitions.  If  the  Quakers  considered 

*Hildreth's  History  United  States. 


QUAKER  PETITION. 

themselves  aggrieved,  it  was  their  right  and  their  duty  to  present  their  memorial, 
not  three,  five,  or  seven  times  only,  but  seventy  times  seven,  until  redress  was 
obtained ;  therefore,  gentlemen  who  wished  not  to  be  troubled  again  ought  to 
be  in  favor  of  reading  and  reference. 

Lyon,  of  Vermont,  observed  that  a  grievance  was  complained  of  which  ought 
to  be  remedied,  namely,  that  a  certain  number  of  black  people  who  had  been 
set  at  liberty  by  their  masters  were  now  held  in  slavery  contrary  to  right ;  he 
thought  that  ought  to  be  inquired  into. 

Rutledge,  of  South  Carolina,  would  not  oppose  a  reference  if  he  were  sure 
the  committee  would  report  as  strong  a  censure  as  the  memorial  deserved ; 
such  a  censure  as  a  set  of  men  ought  to  meet  who  attempt  to  seduce  the  ser 
vants  of  gentlemen  traveling  to  the  seat  of  government,  and  who  are  inces 
santly  importuning  congress  to  interfere  in  a  business  with  which,  by  the  con 
stitution,  they  have  no  concern.  At  a  time  when  other  communities  were  wit 
nesses  of  the  most  horrid  and  barbarous  scenes,  these  petitioners  were  endeav 
oring  to  excite  a  certain  class  to  the  commission  of  like  enormities  here.  Were 
he  sure  that  this  conduct  would  be  reprobated  as  it  deserved,  he  would  cheer 
fully  vote  far  a  reference  ;  but  not  believing  that  it  would  be,  he  was  for  laying 
the  memorial  on  the  table  or  under  the  table,  that  the  house  might  have  done 
with  the  business,  not  for  to-day,  but  forever. 

Gallatin,  of  Pennsylvania,  by  whom  the  memorial  had  been  offered,  main 
tained  that  it  was  the  practice  of  the  house,  whenever  a  petition  was  presented, 
to  have  it  read  a  first  and  second  time,  and  then  to  commit,  unless  it  were  ex 
pressed  in  such  indecent  terms  as  to  induce  the  house  to  reject  it,  or  related  to 
a  subject  upon  which  it  had  been  recently  determined  by  a  large  majority  not 
to  act.  It  was  not  best  to  decide  under  the  influence  of  such  passion  as  had 
just  been  exhibited,  and  that  furnished  an  additional  reason  for  a  reference. 
He  also  vindicated  the  character  of  the  Quakers  against  the  aspersions  in  which 
Rutledge  had  very  freely  indulged. 

Sewall.  of  Massachusetts,  suggested  a  third  case,  applicable,  as  he  thought, 
to  the  present  memorial,  in  which  petitions  might  be  rejected  without  a  com 
mitment,  and  that  was  when  they  related  to  matters  over  which  the  house  had 
no  cognizance,  especially  if  they  were  of  a  nature  to  excite  disagreeable  sen 
sations  in  a  part  of  the  members  possessed  of  a  species  of  property  held  under 
circumstances  in  themselves  sufficiently  uncomfortable.  The  present  memorial 
seemed  to  relate  to  topics  entirely  within  the  jurisdiction  of  the  states. 

Macon  declared  that  there  was  not  a  man  in  North  Carolina  who  did  not 
wish  that  there  were  no  blacks  in  the  country.  Negro  slavery  was  a  misfor 
tune  ;  he  considered  it  a  curse ;  but  there  was  no  means  of  getting  rid  of  it. 
And  thereupon  he  proceeded  to  inveigh  against  the  Quakers,  whom  he  accused 
not  only  of  unconstitutional  applications  to  congress,  but  of  continually  en 
deavoring  to  stir  up  in  the  southern  states  insurrection  among  the  negroes. 

Against  these  assaults  on  the  petitioners,  Livingston,  of  New  York,  warmly 
protested.  There  might  be  individuals  such  as  had  been  described ;  but  as 
against  the  body  of  the  Quakers  these  charges  were  false  and  unjust. 


426  POLITICAL  HISTORY  OF  SLAVERY. 

Parker,  of  Virginia,  and  Blount,  of  North  Carolina,  warmly  opposed  the 
reference  of  the  memorial.  Nicholas,  of  Virginia,  felt  as  much  as  other  south 
ern  gentlemen  on  this  subject,  but  as  he  thought  the  holders  of  slaves  had 
nothing  to  fear  from  inquiry,  he  was  in  favor  of  a  reference.  So,  also,  wab 
Smith,  of  Maryland.  Finally,  after  a  very  warm  debate,  the  reference  was 
carried,  and  a  special  committee  was  appointed,  of  which  Sitgreaves  was  chair 
man,  Dana,  Smith,  of  Maryland,  Nicholas,  and  Schureman,  of  New  Jersey, 
being  members..  This  committee,  after  hearing  the  petitions,  subsequently  re 
ported  leave  to  withdraw,  in  which  the  house  concurred,  on  the  ground,  as  set 
forth  in  the  report,  that  the  matter  complained  of  was  exclusively  of  judicial 
cognizance,  and  that  congress  had  no  authority  to  interfere. 

At  the  same  session  a  bill  was  introduced  for  erecting  all  of  that  portion  of 
the  late  British  province  of  West  Florida  within  the  jurisdiction  of  the  United 
States  into  a  government  to  be  called  the  Mississippi  Territory ;  to  be  consti 
tuted  and  regulated  in  all  respects  like  the  territory  north-west  of  the  Ohio, 
with  the  single  exception  that  slavery  would  not  be  prohibited. 

While  this  section  of  the  act  was  under  discussion,  Thacher,  of  Massachu 
setts,  having  first  stated  that  he  intended  to  make  a  motion  touching  the  rights 
of  man,  moved  to  strike  out  the  exception  as  to  slavery,  so  as  to  carry  out  the 
original  project  of  Jefferson,  as  brought  forward  by  him  in  the  Continental 
Congress,  of  prohibiting  slavery  in  all  parts  of  the  western  territory  of  the 
United  States,  south  as  well  as  north  of  the  Ohio. 

Rutledge,  of  South  Carolina,  hoped  that  this  motion  would  be  withdrawn ; 
not  that  he  feared  its  passing,  but  he  hoped  the  gentleman  would  not  indulge 
himself  and  others  in  uttering  philippics  against  a  usage  of  most  of  the  states 
merely  because  his  and  their  philosophy  happened  to  be  at  war  with  it.  Surely, 
if  his  friend  from  Massachusetts  had  recollected  that  the  most  angry  debate  of 
the  session  had  been  occasioned  by  a  motion  on  this  very  subject,  he  would  not 
again  have  brought  it  forward.  Such  debates  led  to  more  mischief  in  certain 
parts  of  the  Union  than  the  gentleman  was  aware  of,  and  he  hoped,  upon  that 
consideration,  the  motion  would  be  withdrawn.  The  allusion,  doubtless,  was 
to  the  advantage  taken  of  these  debates  by  the  opposition  to  excite  hostility 
against  the  federal  government  in  those  southern  states  in  which  its  friends 
were  at  best  but  too  weak. 

Otis,  of  Massachusetts,  very  promptly  responded  to  Rutledge  in  hoping  that 
the  motion  would  not  be  withdrawn ;  he  wanted  gentlemen  from  his  part  of 
the  country  to  have  an  opportunity  to  show  by  their  votes  how  little  they  were 
disposed  to  interfere  with  the  southern  states  as  to  the  species  of  property  re 
ferred  to. 

Thacher  remarked,  in  reply,  "  that  he  could  by  no  means  agree  with  his  col 
league  (Otis.)  In  fact,  they  seldom  did  agree,  and  to-day  they  differed  very 
^  idely  indeed.  The  true  interest  of  the  Union  would  be  promoted  by  agree 
ing  to  the  amendment  proposed,  of  which  the  tendency  was  to  prevent  the  in 
crease  of  an  evil,  acknowledged  to  be  such  by  the  very  gentlemen  themselves 
who  held  slaves.  The  gentleman  from  Virginia  (Nicholas)  had  frequently  told 


MISSISSIPPI   TERRITORY. 

the  house  that  slavery  was  an  evil  of  very  great  magnitude.  He  agreed  with 
that  gentleman  that  it  was  so.  He  regarded  slavery  in  the  United  States  as 
the  greatest  of  evils— an  evil  in  direct  hostility  to  the  principles  of  our  gov 
ernment  ;  and  he  believed  the  government  had  a  right  to  take  all  due  measures 
to  diminish  and  destroy  that  evil,  even  though  in  doing  so  they  might  injure 
the  property  of  some  individuals  ;  for  he  never  could  be  brought  to  believe 
that  an  individual  could  have  a  right  in  any  thing  that  went  to  the  destruction 
ut'  the  government — a  right  in  a  wrong.  Property  in  slaves  is  founded  in 
wrong,  and  never  can  be  right.  The  government  must,  of  necessity,  put  a  stop 
to  this  evil,  and  the  sooner  they  entered  upon  the  business  the  better.  He  did 
not  like  to  hear  much  said  about  the  rights  of  man,  because  of  late  there  had 
been  much  quackery  on  that  subject.  But  because  those  rights  and  the  claim 
to  them  had  been  abused,  it  did  not  follow  that  men  had  no  rights.  Where 
legislators  are  chosen  from  the  people  and  frequently  renewed,  and  in  case  of 
laws  which  affect  the  interest  of  those  who  pass  them,  the  rights  of  man  are 
uot  likely  to  be  often  disregarded.  But  when  we  take  upon  us  to  legislate  for 
men  against  their  will,  it  is  very  proper  to  say  something  about  those  rights, 
and  to  remind  gentlemen,  at  other  times  so  eloquent  upon  this  subject,  that 
men,  though  held  as  slaves,  are  still  men  by  nature,  and  entitled,  therefore,  to 
the  rights  of  man — and  hence  his  allusion  to  those  rights  in  making  the  motion. 

"  We  are  about  to  establish  a  government  for  a  new  country.  The  govern 
ment  of  which  we  form  a  part  originated  from,  and  is  founded  upon,  the  rights 
of  man,  and  upon  that  ground  we  mean  to  uphold  it.  With  what  propriety, 
then,  can  a  government  emanate  from  us  in  which  slavery  is  not  only  tolerated, 
but  sanctioned  by  law  ?  It  has  indeed  been  urged  that,  as  this  territory  will  be 
settled  by  emigrants  from  the  southern  states,  they  must  bo  allowed  to  hare 
slaves ;  as  much  as  to  say  that  the  people  of  the  south  are  fit  for  nothing  but 
slave-drivers — that,  if  left  to  their  own  labor,  they  would  starve  ! 

"  But  if  gentlemen  thought  that  those  now  holding  slaves  within  the  limits 
of  the  proposed  territory  ought  to  be  excepted  from  the  operation  of  his  amen;1. « 
inent,  he  would  agree  to  such  exception  for  a  limited  period." 

Thacher's  amendment  was  lost.  Only  twelve  votes  were  given  in  favor  of  it. 
A  day  or  two  after,  Harper,  of  South  Carolina,  offered  an  amendment,  which 
was  carried  without  opposition,  prohibiting  the  introduction  into  the  new  Miss 
issippi  territory  of  slaves  from  without  the  limits  of  the  United  States. 

In  this  year,  1798,  the  constitution  of  Georgia  was  revised.  Following  the 
example  already  set  by  the  assembly  of  the  two  Carolinas,  the  further  impor 
tation  of  slaves  "  from  Africa  or  any  foreign  place  "  was  expressly  prohibited. 
By  a  further  provision,  any  person  maliciously  killing  or  dismembering  a  slave, 
was  to  suffer  the  same  punishments  as  if  the  acts  had  been  committed  on  a  free 
white  person,  except  in  cases  of  insurrection,  or  "  unless  such  death  should  hap 
pen  by  accident,  in  giving  such  slave  moderate  correction."  But  while  these 
concessions  were  made  to  the  antipathy  to  slavery,  that  institution  was  sustain 
ed  by  a  clause  copied  from  the  constitution  of  Kentucky,  but  still  more  strin 
gent,  by  which  the  legislature  was  forbidden  to  pass  laws  for  the  emancipation 


428  POLITICAL  HISTORY  OF   SLAVERY. 

of  slaves,  except  with  the  previous  consent  of  the  individual  owners ;  nor  were 
immigrants  to  be  prohibited  from  bringing  with  them  "  such  persons  as  may  be 
deemed  slaves  by  the  law  of  any  one  of  the  United  States." 

In  1799,  the  legislature  of  New  York  passed  a  law  for  the  gradual  extin 
guishment  of  slavery,  a  measure  which  Governor  Jay  had  much  at  heart,  and 
which,  after  three  previous  unsuccessful  attempts,  was  now  at  last  carried. 
Those  who  were  slaves  at  the  passage  of  the  act  were  to  continue  so  for  life ; 
but  all  their  children  born  after  the  4th  of  July  then  following  were  to  be  free, 
to  remain,  however,  with  the  owner  of  the  mother  as  apprentices,  males  till 
the  age  of  twenty-eight,  and  females  till  the  age  of  twenty-five.  The  expor 
tation  of  slaves  was  forbidden  under  a  pecuniary  penalty,  the  slave  upon  whom 
the  attempt  was'inade  to  become  free  at  once.  Persons  removing  into  the  state 
might  bring  with  them  slaves  whom  they  had  owned  for  a  year  previously ;  but 
slaves  so  brought  in  could  not  be  sold. 

In  1799,  a  convention  met  in  Kentucky  to  revise  the  constitution  of  that 
growing  state.  An  attempt  was  made  to  introduce  a  provision  for  the  grad 
ual  abolition  of  slavery,  which  was  supported  by  Henry  Clay,  a  recent  immi 
grant  from  Virginia,  a  young  lawyer,  who  commenced  a  political  career  of  half 
a  century  by  holding  a  seat  in  this  convention.  The  attempt  met,  however, 
with  very  feeble  support,  and,  so  far  as  related  to  the  subject  of  slavery,  the 
constitution  underwent  no  change. 

A  similar  proposition  for  the  gradual  abolition  of  slavery  had  been  intro 
duced  a  short  time  before  into  the  Maryland  assembly,  but  it  found  so  little  en 
couragement  there  as  to  be  withdrawn  by  the  mover.  Even  in  Pennsylvania, 
a  proposition  introduced  into  the  assembly  for  the  immediate  and  total  aboli 
tion  of  slavery,  though  supported  by  the  earnest  efforts  of  the  Pennsylvania 
abolition  society,  failed  of  success.  The  contemporaneous  act  of  the  state  of 
New  York  for  the  gradual  abolition  of  slavery  has  been  already  mentioned. 

On  the  2d  of  January,  1800,  a  petition  from  certain  free  colored  inhabitants 
of  the  city  and  county  of  Philadelphia  was  presented  to  congress  by  Wain,  the 
city  representative,  setting  forth  that  the  slave-trade  to  the  coast  of  Guinea, 
for  the  supply  of  foreign  nations,  was  clandestinely  carried  on  from  various 
ports  of  the  United  States ;  that  colored  freemen  were  seized,  fettered,  and 
sold  as  slaves  in  various  parts  of  the  country ;  and  that  the  fugitive  law  of 
1793  was  attended  in  its  execution  by  many  hard  and  distressing  circumstances. 
The  petitioners,  knowing  the  limits  of  the  authority  of  the  general  government, 
did  not  ask  for  the  immediate  emancipation  of  all  those  held  in  bondage ;  yet 
they  begged  congress  to  exert  every  means  in  its  power  to  undo  the  heavy  bur 
dens,  and  to  prepare  the  way  for  the  oppressed  to  go  free.  Attention  had  re 
cently  been  drawn  to  slavery  and  the  slave-trade,  not  only  by  alleged  violations 
of  the  act  forbidding  American  vessels  to  assist  in  the  supply  of  foreign  slave- 
markets,  but  much  more  forcibly  by  a  recent  conspiracy,  or  alleged  conspiracy ; 
in  Virginia,  which  had  produced  a  great  alarm,  resulting  in  the  execution  of 
several  slaves  charged  as  having  been  concerned  in  it.  A  great  clamor  was 
excited  by  Wain's  motion  to  refer  this  petition  to  a  committee  already  raised 


SLAVE  TRADE.  429 

on  the  subject  of  the  slave-trade  ;  a  reference  vehemently  opposed,  not  only  by 
Rutledge,  Harper,  Lee,  Randolph,  and  other  southern  members,  on  the  ground 
that  the  petition  intermeddled  with  matters  over  which  congress  had  no  con 
trol,  but  also  by  Otis,  of  Boston,  and  Brown,  of  Rhode  Issland,  whose  vehe 
mence  was  even  greater,  if  possible,  than  that  of  the  members  from  the  south. 
Wain,  Thacher,  Smilie,  Dana,  and  Gallatin  argued,  on  the  other  hand,  that,  as 
parts  of  the  petition  were  certainly  within  the  jurisdiction  of  congress,  it  ought 
to  be  received  and  acted  upon.  The  particulars  of  this  debate  are  very  im 
perfectly  preserved ;  but,  as  usual  on  this  subject,  it  was  a  very  warm  one. 
Rutledge  called  for  the  yeas  and  nays,  wishing,  as  he  said,  to  show  by  how  de 
cisive  a  majority  all  interference  had  been  declined,  and  so  to  allay  any  fear 
that  the  matter  would  ever  again  be  agitated  in  congress.  Wain,  however,  an 
ticipated  the  vote  by  withdrawing  his  motion,  and  substituting  another,  for  the 
reference  of  such  parts  of  the  petition  as  related  to  the  laws  of  the  United 
States  touching  fugitives  from  service,  and  the  supply  of  foreign  countries  with 
slaves.  Rutledge  raised  a  point  of  order  as  to  the  reference  of  a  part  of  a 
petition,  but  the  speaker  decided  against  him.  Gray,  of  Virginia,  then  moved 
to  amend  by  adding  a  declaration  that  the  unreferred  parts  of  the  petition,  in 
viting  congress  to  legislate  on  subjects  over  which  the  general  government  has 
no  jurisdiction,  "have  a  tendency  to  create  disquiet  and  jealousy,  and  ought, 
therefore,  to  receive  the  pointed  disapprobation  of  this  house. "  Objections  be 
ing  stated  to  this  amendment  by  Dana  and  Thacher,  Gray  agreed  to  modify 
it  by  substituting  for  the  last  clause,  "  ought  therefore  to  receive  no  encourage 
ment  or  countenance  from  this  house."  Against  the  amendment  thus  modified 
but  one  vote  was  given  in  the  negative,  that  of  Thacher,  who  had  represented 
the  district  of  Maine  ever  since  the  adoption  of  the  constitution,  and  who  had 
lost  no  opportunity  to  signalize  his  hostility  to  slavery.  In  the  course  of  the 
session,  the  committee  to  whom  the  petition  was  referred  brought  in  a  bill 
which  passed  to  be  enacted,  restricting,  by  more  stringent  provisions,  the  sup 
ply  of  slaves  to  foreign  countries  by  ships  of  the  United  States.* 


*Hildreth's  Hist.  U.  S. 
28 


430  POLITICAL  HISTORY  OF  SLAVERY. 

CHAPTER    XXV. 

POLITICAL  HISTORY  or  SLAVERY  IN  THE  UNITED  STATES,  FROM  1800  TO  1801. 

Slave  population  in  1800. — Georgia  cedes  territory — slavery  clause. — Territory  of  Indiana 
— attempt  to  introduce  Slavery  in  1803 — Petition  Congress — Com.  of  H.  R.  report 
against  it. — Session  of  1804,  committee  report  in  favor  of  it,  limited  to  ten  years. — No 
action  on  report. — Foreign  slave-trade  prohibited  with  Orleans  Territory,  1S04. — South 
Carolina  revives  slave-trade  ;  the  subject  before  Congress. — New  Jersey  provides  for 
gradual  extinction  of  slavery,  1804. — Attempt  to  gradually  abolish  slavery  in  District 
of  Columbia,  unsuccessful  in  Congress. — Renewed  attempt  to  introduce  slavery  into 
Territory  of  Indiana,  1806,  unsuccessful. — Legislature  of  Territory  in  favor  of  it, 
1807 — Congressional  committee  report  against  it. — Jefferson's  Message — recommenda 
tion  to  abolish  African  slave-trade — the  subject  before  Congress— bill  reported — the 
debate — Speeches  of  members — Act  passed  1807,  its  provisions. 


T 


HE  total  population  of  the  United  States  in  1800,  was  5,305,925  persons, 
of  whom  893,041  were  slaves.  The  following  table  exhibits  the  number  of 
slaves  in  each  State  : 

CENSUS  OF  1800— SLAVE  POPULATION. 

District  of  Columbia. .  3,244  New  Hampshire 8 

Connecticut 951  New  York 20,343 

Delaware 6,153  North  Carolina 133,296 

Georgia 59,404  Pennsylvania 1,706 

Indiana  Territory 135  Rhode  Island 381 

Kentucky 40,343  South  Carolina 146,151 

Maryland 105,635  Tennessee 13,584 

Mississippi  Territory. .  3,489  Virginia 345,796 

New  Jersey 12,422                        Aggregate,  893,041. 

Georgia,  in  1802,  April  2d,  ceded  the  territory  lying  west  of  her  present 
limits,  now  forming  the  states  of  Alabama  and  Mississippi.  Among  the  con 
ditions  exacted  by  her,  and  accepted  by  the  United  States,  is  the  following : 

"  That  the  territory  thus  ceded  shall  become  a  state,  and  be  admitted  into 
the  Union  as  soon  as  it  shall  contain  sixty  thousand  free  inhabitants,  or,  at  an 
earlier  period,  if  congress  shall  think  it  expedient,  on  the  same  conditions  and 
restrictions,  with  the  same  privileges,  and  in  the  same  manner,  as  provided  in 
the  ordinance  of  congress  of  the  13th  day  of  July,  1787,  for  the  government 
of  the  western  territory  of  the  United  States  :  which  ordinance  shall,  in  all  its 
parts,  extend  to  the  territory  contained  in  the  present  act  of  cession,  the  article 
only  excepted  which  forbids  slavery." 

When  Ohio  ,was'"onade  a  state  in  1802-3,  the  residue  of  the  territory  con 
veyed  by  the  ordinance  of  1787,  was  called  the  Indiana  Territory,  and  William 
Henry  Harrison!  was  appointed  governor.  The  new  territory  made  repeated 
efforts  to  procure  a  relaxation  in  her  favor  of  the  restrictive  clause  of  the  ordi 
nance  of  1787,  one  of  them  through  the  instrumentality  of  a  convention  as 
sembled  in  1802-3,  and  presided  over  by  the  territorial  governor ;  so  he,  with 


INDIANA  TERRITORY.  431 

•<<» 

the  great  body  of  his  fellow-delegates,  memorialized  congress,  among  other 
things,  to  suspend,  temporarily,  the  operation  of  the  sixth  article  of  the  ordi 
nance  aforesaid.  This  memorial  was  referred  in  the  house  to  a  select  com 
mittee  of  three,  two  of  them  from  slave  states,  with  the  since  celebrated  John 
Randolph  as  chairman.  On  the  2d  of  March,  1803,  Mr.  Randolph  made  what 
appears  to  have  been  a  unanimous  report  from  this  committee,  of  which  we 
give  so  much  as  relates  to  slavery,  as  follows : 

"  The  rapid  population  of  the  state  of  Ohio  sum"  ntly  evinces,  in  the 
opinion  of  your  committee,  that  the  labor  of  slaves  is  not .  yressary  to  promote 
the  growth  and  settlement  of  colonies  in  that  region.  That  this  labor — demon- 
strably  the  dearest  of  any — can  only  be  employed  in  the  cultivation  of  products 
more  valuable  than  any  known  to  that  quarter  of  the  United  States ;  that  the 
committee  deem  it  highly  dangerous  and  inexpedient  to  impair  a  provision 
wisely  calculated  to  promote  the  happiness  and  prosperity  of  the  northwestern 
country,  and  to  give  strength  and  security  to  that  extensive  frontier.  In  the 
salutary  operations  of  this  sagacious  and  benevolent  restraint,  it  is  believed 
that  the  inhabitants  of  Indiana  will,  at  no  very  distant  day,  find  ample  remu 
neration  for  a  temporary  privation  of  labor,  and  of  emigration." 

The  committee  proceed  to  discuss  other  subjects  set  forth  in  the  prayer  of 
the  memorial,  and  conclude  with  eight  resolves,  whereof  the  only  one  relating 
to  slavery  is  as  follows : 

"  Resolved,  That  it  is  inexpedient  to  suspend,  for  a  limited  time,  the  opera 
tion  of  the  sixth  article  of  the  compact  between  the  original  states  and  the 
people  and  states  west  of  the  river  Ohio." 

This  report,  having  been  made  at  the  close  of  the  session,  was  referred  at 
the  next  to  a  new  committee,  whereof  Caesar  Rodney,  a  new  representative 
from  Delaware,  was  chairman.  Mr.  Rodney,  from  this  committee,  reported, 
(February  17,  1804)— 

"  That,  taking  into  their  consideration  the  facts  stated  in  the  said  memorial 
and  petition,  they  are  induced  to  believe  that  a  qualified  suspension,  for  a  limit 
ed  time,  of  the  sixth  article  of  compact  between  the  original  states  and  the 
people  and  states  west  of  the  river  Ohio,  might  be  productive  of  benefit  and 
advantage  to  said  territory." 

The  report  goes  on  to  discuss  the  other  topics  embraced  in  the  Indiana  me 
morial,  and  concludes  with  eight  resolves,  of  which  the  first  (and  only  one  rela 
tive  to  slavery)  is  as  follows  : 

"That  the  sixth  article  of  the  ordinance  of  1787,  which  prohibited  slavery 
within  the  said  territory,  be  suspended  in  a  qualified  manner,  for  ten  years,  so 
as  to  permit  the  introduction  of  slaves,  born  within  the  United  States,  from 
any  of  the  individual  states ;  provided,  that  such  individual  state  does  not 
permit  the  importation  of  slaves  from  foreign  countries  :  and  provided  further, 
that  the  descendants  of  all  such  slaves  shall,  if  males,  be  free  at  the  age»of 
twenty-five  years,  and  if  female,  at  the  age  of  twenty-one  years." 

On  this  report  no  action  was  had ;  but  the  subject,  as  we  shall  presently  see, 
was  not  ^owed  to  rest  here,  being  repeatedly  urged  on  congress  by  the  inhabi- 


432  POLITICAL  HISTORY  OF  SLAVERY. 

tants  of  Indiana.  Had  the  decision  rested  with  them,  both  Indiana  and  Illinois 
would  have  come  into  the  Union  as  slave  states. 

The  annual  convention  of  delegates  from  the  state  societies  for  promoting 
the  abolition  of  slavery  and  improving  the  condition  of  the  African  race,  then 
in  session  at  Philadelphia,  presented  a  memorial,  early  in  the  session  of  1804—5, 
praying  congress  to  prohibit  the  further  importation  of  slaves  into  the  newly 
acquired  region  of  Louisiana.  The  memorial  was  referred  to  the  committee 
on  the  government  of  Louisiana,  and  a  provision  was  inserted  into  the  act  or 
ganizing  the  territory  of  Orleans,  that  no  slaves  should  be  carried  thither, 
except  from  some  part  of  the  United  States,  by  citizens  removing  into  the  ter 
ritory  as  actual  settlers.  This  provision  not  to  extend  to  negroes  introduced 
into  the  United  States  since  1798.  The  intention  of  the  latter  clause  was  to 
guard  against  the  effect  of  a  recent  act  of  South  Carolina  reviving  the  African 
slave-trade,  after  a  cessation  of  it  as  to  that  state  for  fifteen  years.  This  act 
of  South  Carolina,  if  not  guarded  against,  might  open  the  way  for  introducing 
an  indefinite  number  of  slaves  from  Africa  into  the  new  territories  of  Missis 
sippi  and  Orleans. 

In  order  to  express  the  sense  of  the  nation  upon  this  act  of  South  Carolina, 
Bard,  of  Pennsylvania,  introduced  at  this  session  a  resolution  to  impose  a  tax 
of  ten  dollars  on  every  slave  imported.  In  opposing  this  resolution  in  com 
mittee  of  the  whole,  Lowndes,  of  S.  C.,  apologized  for  the  conduct  of  his 
state  on  the  ground  of  an  alleged  impossibility  of  enforcing  the  prohibition. 
"  Such  was  the  nature  of  their  coast,  deeply  penetrated  by  navigable  rivers, 
that  the  people  of  South  Carolina,  especially  as  they  had  stripped  themselves 
of  means  by  giving  up  to  the  general  government  the  duties  on  imports,  could 
not  restrain  their  'eastern  brethren,'  who,  in  defiance  of  the  authority  of  the 
general  government,  allured  by  the  excitement  of  gain,  had  been  engaged  in 
this  trade.  The  repeal  had  become  necessary  to  remove  the  spectacle  of  the 
daily  violation  of  the  law." 

Lowndes  added  that,  personally,  he  was  opposed  to  the  slave-trade,  and  that 
he  wished  the  time  were  already  arrived  when  it  might  be  constitutionally  pro 
hibited  by  act  of  congress  ;  but  the  imposition  of  the  proposed  tax,  so  far 
from  checking  the  traffic,  would,  he  thought,  rather  tend  to  its  increase,  by 
seeming  to  give  to  it  a  congressional  sanction.  Another  effect  of  the  duty 
would  be  to  lay  so  much  additional  and  special  taxation  on  South  Carolina, 
which  he  thought  very  unjust. 

Bard  defended  his  resolution  on  two  grounds.  The  proposed  tax  was  a 
constitutional  and  fair  source  of  revenue.  Since  the  African  slave-trade  made 
men  articles  of  traffic,  they  must  be  subject  to  impost  like  other  merchandise. 
The  value  of  an  imported  slave  being  $400,  a  duty  of  ten  dollars  was  only  two 
a^d  a  half  per  cent,  on  the  value.  While  this  duty  would  add  to  the  revenue, 
it  would  also  accomplish  a  more  important  end,  by  showing  the  world  that  the 
general  government  was  opposed  to  slavery,  and  ready  to  exercise  its  powers 
as  far  as  they  would  go  for  preventing  its  extension.  "  We  owe  it  indispen 
sably  to  ourselves,"  said  Bard,  "and  to  the  world  whose  eyes  are  upon  us,  to 


CANE  FIELD. 


i 


TAX  ON  SLAVES  IMPORTED.  433 

maintain  the  republican  character  of  our  government."  As  additional  reasons 
in  favor  of  his  resolution,  he  dwelt  at  length  on  the  cruelty  and  immorality  of 
the  slave-trade,  and  the  danger  of  slave  insurrections,  of  which  St.  Domingo 
had  furnished  so  striking  an  example,  and  two  or  three  alarms  of  which  had 
recently  occurred  in  Virginia. 

Mr.  Speaker  Macon  expressed  the  opinion  that  the  morality  or  immorality 
of  the  slave-trade  had  nothing  to  do  with  the  question  before  the  house.  "  The 
question  is  not  whether  we*  shall  prohibit  the  trade,  but  whether  we  shall  tax 
it.  Gentlemen  think  that  South  Carolina  has  done  wrong  in  permitting  the 
importation  of  slaves.  That  may  be,  and  still  this  measure  may  also  be  wrong. 
Will  it  not  look  like  an  attempt  in  the  general  government  to  correct  a  state 
for  the  undisputed  exercise  of  its  constitutional  power  ?  It  appears  to  be 
something  like  putting  a  state  to  the  ban  of  the  empire." 

Lucas,  of  Pennsylvania,  denied  that  South  Carolina  had  any  right  to  com 
plain  of  the  proposed  duty.  If  she  had  the  right,  under  the  constitution,  to 
permit  the  importation,  congress,  under  the  same  constitution,  had  the  right  to 
impose  the  tax.  If  she  chose  to  exercise  her  constitutional  authority,  why 
complain  of  a  like  exercise  of  it  on  the  part  of  congress  ?  If  she  wished  to 
avoid  paying  the  tax,  let  her  prohibit  the  importation.  Nor  did  he  admit 
that,  by  taxing  the  importation,  congress  legalized  or  countenanced  the  traf 
fic.  The  importation  was  not  legalized  by  congress,  but  by  South  Carolina, 
congress  not  yet  having  the  power  to  prohibit  it.  The  tax  would  tend  to  check 
a  traffic  which,  in  four  years,  might  add  a  hundred  thousand  slaves  to  those 
already  in  the  Union.  The  thirst  for  gain  was  more  alive  in  the  country  than 
ever,  and  the  opening  of  the  trade  by  South  Carolina  would  virtually  amount 
to  a  general  opening ;  for,  African  slaves  once  introduced  into  one  state,  would 
find  their  way  into  all  others  in  which  slavery  was  allowed. 

Smilie  wished  to  steer  clear  of  the  question  of  morality ;  at  the  same  time, 
he  could  not  but  think  that  the  whole  Union  had  a  direct  interest  in  the  meas 
ure  adopted  by  South  Carolina,  inasmuch  as  it  tended  to  weaken  the  common 
defense  of  the  country.  Every  slave  brought  in  must  be  regarded  in  the  light 
of  an  imported  enemy. 

Stanton,  of  Rhode  Island,  insisted  strenuously  on  the  tax.  Nor  did  he  con 
fine  his  reprobation  to  the  foreign  slave-trade  merely  ;  he  described,  in  very 
strong  terms,  his  emotions  at  meeting,  on  his  way  to  the  seat  of  government, 
twenty  or  thirty  negroes  chained  together  and  driven  like  mules  to  market. 

Eppes,  the  son-in-law  of  Jefferson,  zealously  supported  the  resolution  ;  and, 
notwithstanding  an  attempt  at  postponement,  on  the  ground  that  perhaps 
South  Carolina  would  reenact  her  old  prohibitory  law,  it  was  finally  agreed  to  by 
the  house,  and  was  referred  to  a  committee,  to  bring  in  a  bill.  That  bill  was 
reported,  read  twice,  and  referred  to  a  committee  of  the  whole.  But  the  en 
treaties  of  the  South  Carolina  members,  and  their  promises  of  what  the  state 
would  do,  arrested  any  further  action. 

Just  previous  to  the  commencement  of  this  debate,  New  Jersey,  the  seventh 
and  the  last  of  the  old  confederation  to  do  so,  had  joined  the  circle  of  the  free 


434  SLAVERY  IN  INDIANA  TEREITORY. 

states,  by  an  act,  passed  by  an  almost  unanimous  vote,  securing  freedom  to  all 
persons  born  in  that  state  after  the  fourth  of  July  next  following ;  the  chil 
dren  of  slave  parents  to  become  free,  males  at  twenty-five,  and  females  at 
twenty-one — a  law  which  gave  great  satisfaction  to  Governor  Bloomfield,  who 
had  been  from  the  beginning  a  zealous  member  of  the  New  Jersey  society  for 
the  abolition  of  slavery.  A  new  effort  was  also  made  in  Pennsylvania  to 
hasten  the  operation  of  the  old  act  for  gradual  abolition,  by  giving  immediate 
freedom  to  all  slaves  above  the  age  of  twenty-eight  years  ;  but  this  attempt 
failed  as  before. 

In  January,  1805,  a  proposition  was  brought  before  congress  by  Sloan,  of 
New  Jersey,  that  all  children  born  of  slaves  within  the  District  of  Columbia, 
after  the  ensuing  fourth  of  July,  should  become  free  at  an  age  to  be  fixed  upon* 
This  proposition  was  refused  reference  to  the  committee  of  the  whole,  by  a 
vote  of  sixty-five  to  forty-seven,  and  was  then  rejected,  seventy-seven  to  thirty- 
one. 

At  the  session  of  1805-6,  the  renewed  African  slave-trade  with  South  Car 
olina  being  carried  on  with  great  vigor,  the  question  of  a  tax  on  slaves  import 
ed  was  again  revived  by  Sloan.  After  some  debate,  in  which  the  blame  of 
the  traffic  was  bandied  about  between  South  Carolina,  by  which  the  importa 
tion  was  allowed,  and  Rhode  Island,  accused  of  furnishing  ships  for  the  busi 
ness,  a  bill  was  ordered  by  a  decided  majority.  But  the  subject  was  passed 
over  to  the  next  session,  when  it  would  be  competent  for  congress  to  provide 
for  abolishing  the  trade  altogether. 

.At  the  same  session,  the  original  memorial  from  Indiana,  to  suspend  tem 
porarily  the  operation  of  the  sixth  article  of  the  ordinance  of  1787,  with  sev 
eral  additional  memorials  of  like  purport,  was  again  referred  by  the  house  to 
a  select  committee,  whereof  Mr.  Garnett,  of  Virginia,  was  chairman,  who,  on 
the  14th  of  February,  1806,  made  a  report  in  favor  of  the  prayer  of  the  peti 
tioners,  as  follows  : 

"  That,  having  attentively  considered  the  facts  stated  in  the  said  petition 
and  memorials,  they  are  of  opinion  that  a  qualified  suspension,  for  a  limited 
time,  of  the  sixth  article  of  compact  between  the  original  states  and  the  peo 
ple  and  states  west  of  the  river  Ohio,  would  be  beneficial  to  the  people  of  the 
Indiana  territory.  The  suspension  of  this  article  is  an  object  almost  univer 
sally  desired  m  that  territory. 

"  It  appears  to  your  committee  to  be  a  question  entirely  different  from  that 
between  slavery  and  freedom ;  inasmuch  as  it  would  merely  occasion  the  re 
moval  of  persons,  already  slaves,  from  one  part  of  the  country  to  another. 
The  good  effects  of  this  suspension,  in  the  present  instance,  would  be  to  accel 
erate  the  population  of  that  territory,  hitherto  retarded  by  the  operation  of 
that  article  of  compact,  as  slave-holders  emigrating  into  the  western  country 
might  then  indulge  any  preference  which  they  might  feel  for  a  settlement  in 
the  Indiana  territory,  instead  of  seeking,  as  they  are  now  compelled  to  do,  set 
tlements  in  other  states  or  countries  permitting  the  introduction  of  slaves. 
The  condition  of  the  slaves  themselves  would  be  much  ameliorated  by  it,  as  it 


REPORTS.  435 

is  evident,  from  experience,  that  the  more  they  are  separated  and  diffused,  the 
more  care  and  attention  are  bestowed  on  them  by  their  masters — each  proprie 
tor  having  it  in  his  power  to  increase  their  comforts  and  conveniences,  in  pro 
portion  to  the  smallness  of  their  numbers.  The  dangers,  too,  (if  any  are  to 
be  apprehended,)  from  too  large  a  black  population  existing  in  any  one  section 
of  country,  would  certainly  be  very  much  diminished,  if  not  entirely  removed. 
But,  whether  dangers  are  to  be  feared  from  this  source  or  not,  it  is  certainly  an 
obvious  dictate  of  sound  policy  to  guard  against  them,  as  far  as  possible.  If 
this  danger  does  exist,  or  there  is  any  cause  to  apprehend  it,  and  our  western 
brethren  are  not  only  willing  but  desirous  to  aid  us  in  taking  precautions 
against  it,  would  it  not  be  wise  to  accept  their  assistance  ?  We  should  benefit 
ourselves,  without  injuring  them,  as  their  population  must  always  so  far  exceed 
any  black  population  which  can  ever  exist  in  that  country,  as  to  render  the 
idea  of  danger  from  that  source  chimerical." 

After  discussing  other  subjects  embodied  in  the  Indiana  memorial,  the  com 
mittee  close  with  a  series  of  resolves,  which  they  commend  to  the  adoption  of 
the  house.  The  first  is  as  follows : 

"  Resolved,  That  the  sixth  article  of  the  ordinance  of  1787,  which  prohibits 
slavery  within  the  Indiana  territory,  be  suspended  for  ten  years,  so  as  to  per 
mit  the  introduction  of  slaves,  born  within  the  United  States,  from  any  of  the 
individual  states." 

This  report  and  resolve  were  committed  and  made  a  special  order  on  the 
Monday  following,  but  were  never  taken  into  consideration. 

At  the  next  session,  a  fresh  letter  from  Governor  William  Henry  Harrison, 
iuclosing  resolves  of  the  legislative  council  and  house  of  representatives  in  fa 
vor  of  suspending,  for  a  limited  period,  the  sixth  article  of  compact  aforesaid, 
was  received  January  21st,  1807,  and  referred  to  a  select  committee,  whereof 
Mr.  B.  Parke,  delegate  from  said  territory,  was  made  chairman.  The  com 
mittee  consisted  of  Messrs.  Alston,  of  North  Carolina,  Masters,  of  New  York, 
Morrow,  of  Ohio,  Parke,  of  Indiana,  Rhea,  of  Tennessee,  Sanford,  of  Ken 
tucky,  and  Trigg,  of  Virginia. 

Mr.  Parke,  from  this  committee,  made  February  12th,  a  third  report  to  the 
house  in  favor  of  granting  the  prayer  of  the  memorialists.  It  is  as  follows : 

"  The  resolutions  of  the  legislative  council  and  house  of  representatives  of 
the  Indiana  territory,  relate  to  a  suspension,  for  the  term  of  ten  years,  of  the 
sixth  article  of  compact  between  the  United  States  and  the  territories  and 
states  northwest  of  the  river  Ohio,  passed  the  13th  of  July,  1787.  That 
article  declares  that  there  shall  be  neither  slavery  nor  involuntary  servitude  in 
the  said  territory. 

"  The  suspension  of  the  said  article  would  operate  an  immediate  essential 
benefit  to  the  territory,  as  emigration  to  it  will  be  inconsiderable  for  many 
years,  except  from  those  states  where  slavery  is  tolerated. 

"And  although  it  is  not  considered  expedient  to  force  the  population  of  the 
territory,  yet  it  is  desirable  to  connect  its  scattered  settlements,  and,  in  admit 
ted  political  rights,  to  place  it  on  an  equal  footing  with  the  different  states. 


430  SLAVERY  IN  INDIANA  TERRITORY. 

From  the  interior  situation  of  the  territory,  it  is  not  believed  that  slaves  could 
ever  become  so  numerous  as  to  endanger  the  internal  peace  or  future  prosperity 
of  the  country.  The  current  of  emigration  flowing  to  the  western  country,  the 
territories  should  all  be  opened  to  their  introduction.  The  abstract  question 
of  liberty  and  slavery  is  not  involved  in  the  proposed  measure ;  as  slavery  now 
exists  to  a  considerable  extent  in  different  parts  of  the  Union,  it  would  not 
augment  the  number  of  slaves,  but  merely  authorize  the  removal  to  Indiana  of 
snch  as  are  held  in  bondage  in  the  United  States.  If  slavery  is  an  evil,  means 
ought  to  be  devised  to  render  it  least  dangerous  to  the  community,  and  by 
which  the  hapless  situation  of  the  slaves  would  be  most  ameliorated  ;  and  to 
accomplish  these  objects,  no  measure  would  be  so  effectual  as  the  one  pro 
posed.  The  committee,  therefore,  respectfully  submit  to  the  house  the  following 
resolution : 

"  Resolved,  That  it  is  expedient  to  suspend,  from  and  after  the  1st  day  of 
January,  1808,  the  sixth  article  of  compact  between  the  United  States  and  the 
territories  and  states  northwest  of  the  Ohio,  passed  the  13th  day  of  July, 
1787,  for  the  term  of  ten  years." 

This  report,  with  its  predecessors,  was  committed,  and  made  a  special  order, 
but  never  taken  into  consideration. 

The  same  letter  of  General  Harrison,  and  resolves  of  the  Indiana  legisla 
ture,  were  submitted  to  the  senate  January  21st,  1807.  They  were  laid  on  the 
table  "for  consideration,"  and  do  not  appear  to  have  even  been  referred  at 
that  session  ;  but  at  the  next,  or  first  session  of  the  fourth  congress,  which  con- 
rened  October  26th,  1807,  the  President,  November  7th,  submitted  a  letter 
from  General  Harrison  and  his  legislature — whether  a  new  or  old  one  does  not 
appear — and  it  was  now  referred  to  a  select  committee,  consisting  of  Messrs 
J.  Franklin,  of  North  Carolina,  Kitchel,  of  New  Jersey,  and  Tiffin,  of  Ohio. 

November  13th,  Mr.  Franklin,  from  said  committee,  reported  as  follows  : 

"  The  legislative  council  and  house  of  representatives,  in  their  resolution, 
express  their  sense  of  the  propriety  of  introducing  slavery  into  their  territory, 
and  solicit  the  congress  of  the  United  States  to  suspend,  for  a  given  number 
of  years,  the  sixth  article  of  compact  in  the  ordinance  for  the  government  of 
the  territory  northwest  of  the  Ohio,  passed  the  13th  day  of  July,  1787.  That 
sirticle  declares  :  '  There  shall  be  neither  slavery  nor  involuntary  servitude 
within  the  said  territory.' 

"  The  citizens  of  Clark  county,  in  their  remonstrance,  express  their  sense  of 
the'  impropriety  of  the  measure,  and  solicit  the  congress  of  the  United  States 
not  to  act  on  the  subject,  so  as  to  permit  the  introduction  of  slaves  into  the 
territory ;  at  least,  until  their  population  shall  entitle  them  to  form  a  constitu 
tion  and  state  government. 

"  Your  committee,  after  duly  considering  the  matter,  respectfully  submit  the 
following  resolution  : 

"  Resolved,  That  it  is  not  expedient  at  this  time  to  suspend  the  sixth  article 
of  compact  for  the  government  of  the  territory  of  the  United  States  northwest 
of  the  river  Ohio." 


RESOLUTIONS.  437 

Here  ended  the  effort,  so  long  and  earnestly  persisted  in,  to  procure  a  sus 
pension  of  the  restriction  in  the  ordinance  of  1781,  so  as  to  admit  slavery,  for 
a  limited  terra,  into  the  territory  lying  between  the  Ohio  and  Mississippi  rivers. 

The  following  is  a  copy  of  the  resolutions  ab6ve  referred  to,  passed  by  the 
legislative  council  and  house  of  representatives  of  the  territory  of  Indiana, 
and  laid  before  congress  : 

Resolved,  unanimously,  by  the  legislative  council  and  house  of  represen 
tatives  of  the  Indiana  Territory,  That  a  suspension  of  the  sixth  article  of 
compact  between  the  United  States  and  the  territories  and  states  northwest  of 
the  river  Ohio,  passed  the  13th  day  of  July,  1787,  for  the  term  of  ten  years, 
would  be  highly  advantageous  to  the  said  territory,  and  meet  the  approbation 
of  at  least  nine-tenths  of  the  good  citizens  of  the  same. 

Resolved,  unanimously,  That  the  abstract  question  of  liberty  and  slavery 
is  not  considered  as  involved  in  a  suspension  of  the  said  article,  inasmuch  as  the 
number  of  slaves  in  the  United  States  would  not  be  augmented  by  the  measure. 

Resolved,  unanimously,  That  the  suspension  of  the  said  article  would  be 
equally  advantageous  to  the  territory,  to  the  states  from  whence  the  negroes 
would  be  brought,  and  to  the  negroes  themselves.  To  the  territory,  because  of 
its  situation  with  regard  to  the  other  states ;  it  must  be  settled  by  emigrants 
from  those  in  which  slavery  is  tolerated,  or  for  many  years  remain  in  its  pres 
ent  situation,  its  citizens  deprived  of  the  greater  part  of  their  political  rights, 
and,  indeed,  of  all  those  which  distinguish  the  American  from  the  citizens  and 
subjects  of  other  governments.  The  states  which  are  overburdened  with  ne 
groes  would  be  benefited  by  their  citizens  having  an  opportunity  of  disposing 
of  the  negroes  which  they  cannot  comfortably  support,  or  of  removing  with 
them  to  a  country  abounding  with  all  the  necessaries  of  life ;  and  the  negro 
himself  would  exchange  a  scanty  pittance  of  the  coarsest  food  for  a  plentiful 
and  nourishing  diet ;  and  a  situation  which  admits  not  the  most  distant  pros 
pect  of  emancipation,  for  one  which  presents  no  considerable  obstacle  to  his 
wishes. 

Resolved,  unanimously,  That  the  citizens  of  this  part  of  the  former  north 
western  territory  consider  themselves  as  having  claims  upon  the  indulgence  of 
congress  in  regard  to  a  suspension  of  the  said  article,  because  at  the  time  of  the 
adoption  of  the  ordinance  of  1787,  slavery  was  tolerated,  and  the  slaves  generally 
possessed  by  the  citizens  then  inhabiting  the  country,  amounting  at  least  to  one- 
half  the  present  population  of  Indiana,  and  because  the  said  ordinance  was 
passed  in  congress  when  the  said  citizens* were  not  represented  in  that  body, 
without  their  being  consulted,  and  without  their  knowledge  and  approbation. 

Resolved,  unanimously,  That  from  the  situation,  soil,  climate,  and  produc 
tions  of  the  territory,  it  is  not  believed  that  the  number  of  slaves  would  ever 
bear  such  proportion  to  the  white  population  as  to  endanger  the  internal 
peace  and  prosperity  of  the  country. 

The  remaining  resolutions  require  copies  of  the  above  to  be  laid  before  con 
gress,  and  instruct  the  delegate  of  the  territory  to  use  his  best  endeavors  to 
obtain  a  suspension  of  the  article. 


438  PROHIBITION  OF  SLAVE  TRADE. 

In  his  message,  at  the  commencement  of  the  session  of  1806-7,  President 
Jefferson  suggested  to  congress  the  interposition  of  its  authority  for  the  abo 
lition  of  the  African  slave-trade.  He  says  : 

"  I  congratulate  you,  fellow-citizens,  on  the  approach  of  the  period  at  which 
you  may  interpose  your  authority,  constitutionally,  to  withdraw  the  citizens  of 
the  United  States  from  all  further  participation  in  those  violations  of  human 
rights  which  have  so  long  been  continued  on  the  unoffending  inhabitants  of  Af 
rica,  and  which  the  morality,  the  reputation,  and  the  best  interests  of  our  coun 
try  have  long  been  eager  to  proscribe." 

This  portion  of  the  message  was  referred  to  a  select  committee  of  the  house 
consisting  of  Messrs.  Early,  of  Georgia,  T.  M.  Randolph,  of  Ya.,  J.  Camp 
bell,  of  Md.,  Thomas  Kenan,  of  N.  C.,  Cook,  of  Mass.,  Kelly,  of  Pa.,  and 
Van  Ransellaer,  of  New  York. 

The  committee  reported  a  bill  "  to  prohibit  the  importation  or  bringing  of 
slaves  into  the  United  States  or  the  territories  thereof  after  the  31st  day  of 
December,  1807." 

As  originally  reported  by  the  committee,  of  which  Early,  of  Georgia,  was 
chairman,  the  bill  provided  that  all  negroes,  mulattoes,  and  persons  of  color 
illegally  introduced,  "should  be  forfeited  and  sold  for  life  for  the  benefit  of  the 
United  States."  Sloan,  of  N.  J.,  moved  to  substitute  "  shall  be  entitled  to 
his  or  her  freedom,"  an  amendment  very  violently  opposed  by  the  southern 
members.  Early  maintained  with  great  earnestness  that  the  persons  so  ille 
gally  introduced  must  not  only  be  forfeited,  but  must  be  sold  as  slaves  and  con 
tinued  as  such.  "  What  else  can  be  done  with  them  ?  We  of  the  south  con 
sider  slavery  a  dreadful  evil,  but  the  existence  of  large  numbers  of  free  blacks 
among  us  as  a  greater  evil ;  and  yet  you  would  by  this  amendment  turn  loose 
all  who  may  be  imported.  You  can  not  execute  such  a  law,  for  no  man  will 
inform  who  loves  himself  or  his  neighbor." 

The  same  view,  the  impossibility  of  enforcing  the  law,  if  negroes  illegally 
imported  were  to  become  free,  was  urged  by  Macon,  the  speaker.  Other  ar 
guments  were  added  by  his  colleague,  Willis  Alston.  "  Should  a  state  by 
law  forbid  the  freeing  of  any-  slaves,  congress  could  not  contravene  such  a 
law."  "Slaves  being  property  by  the  laws  of  a  state,  congress  could  not,  in 
opposition  to  those  laws,  consider  them  otherwise." 

On  the  other  hand,  Smilie,  of  Pa.,  called  attention  to  the  inconsistency  of 
laying  severe  penalties,  as  this  bill  did,  upon  all  concerned  in  buying  or  selling 
imported  slaves,  while,  at  the  same  time,  the  United  States  set  themselves  up 
as  sellers !  Barker,  of  Massachusetts,  argued  that  the  United  States  ought 
not  only  to  declare  all  illegally  imported  Africans  free,  but  to  convey  them 
safely  back  to  their  native  country.  That,  Macon  thought,  would  be  imprac 
ticable.  Quincy  opposed  the  amendment,  because  it  was  not  right  to  say  that 
a  certain  class  of  people  should  be  free,  who  could  not  be  so  according  to  the 
laws  of  the  state  where  they  might  be,  and  whose  freedom  might  produce  a 
fatal,  injurious,  or  disagreeable  effect.  Only  nineteen  members  voted  in  favor 
of  Sloan's  amendment ;  but  the  next  day,  Pitkin,  of  Connecticut,  urged  some 


FORFEITED  NEGROES.  439 

very  strong  objections  against  forfeiting  imported  Africans,  and  selling  them 
at  public  auction  like  bales  of  goods.  He  admitted  the  inconvenience  that 
might  arise  in  some  of  the  states  from  setting  them  free  ;  but  that  might  be 
obviated  by  binding  them  out  for  terms  of  years,  and  appointing  some  proper 
officer  to  look  after  them.  As  the  bill  now  stood,  it  authorized  the  selling  of 
forfeited  slaves  even  in  Massachusetts,  where  slavery  was  totally  prohibited. 
He  moved  to  recommit  the  bill,  and  after  an  animated  debate,  that  motion 
prevailed. 

When  the  bill  came  back  from  the  select  committee  to  which  it  had  been  re 
ferred,  some  debate  arose  upon  the  punishment  of  death  to  be  inflicted  on 
those  engaged  in  the  slave-trade.  This,  Early  said,  had  been  introduced  to 
gratify  some  of  the  committee,  and  test  the  sense  of  the  house.  He  moved  to 
strike  it  out,  with  a  view  to  substitute  imprisonment ;  and,  after  some  debate, 
that  motion  was  carried. 

When  the  disposal  of  the  forfeited  negroes  was  again  resumed,  Findley  ad 
vocated  binding  them  out  for  terms  of  years.  Bidwell  strongly  opposed  the 
forfeiture,  as  implicating  the  United  States  in  the  same  crime  with  the  traders. 
He  hoped  the  statute  book  would  never  be  disgraced  by  such  a  law.  This  ver 
bal  implication  of  the  United  States  being,  however,  avoided,  he  was  quite 
willing  to  leave  the  imported  Africans  to  the  laws  of  the  states,  whatever  they 
might  be.  Quincy,  of  Mass.,  in  reply,  insisted  on  the  forfeiture,  not  only  be 
cause  the  southern  gentlemen  regarded  it  as  the  only  means  of  enforcing  the 
law,  but  because  it  was  also  the  only  means  by  which  the  United  States  could 
obtain  a  control  over  these  unfortunate  creatures,  so  as  to  be  certain  that  the 
best  was  done  for  them  that  circumstances  would  admit.  It  did  not  follow 
that  they  must  be  sold  because  they  were  forfeited.  "  May  you  not  do  with 
them  what  is  best  for  human  beings  in  that  condition — naked,  helpless,  igno 
rant  of  our  laws,  character,  and  manners  ?  You  are  afraid  to  trust  the  nation 
al  government,  and  yet,  by  refusing  to  forfeit,  you  will  throw  them  under  the 
control  of  the  states,  all  of  which  may,  and  some  of  which  will  and  must 
retain  them  in  slavery.  The  great  objection  to  forfeiture  is  that  it  admits  a 
title.  But  this  does  not  follow.  All  the  effect  of  forfeiture  is,  that  whatever 
title  can  be  acquired  in  the  cargo  shall  be  vested  in  the  United  States.  If  the 
cargo  be  such  that,  from  the  nature  of  the  thing,  no  title  can  be  acquired  in  it, 
then  nothing  vests  in  the  United  States.  The  only  operation  of  the  forfeiture 
is  to  vest  the  importer's  color  of  title  by  the  appropriate  commercial  term, 
perhaps  the  only  term  we  can  effectually  use,  to  this  purpose,  without  interfer 
ing  with  the  rights  of  the  states.  Grant  that  these  persons  have  all  the  rights 
of  man  :  will  not  those  rights  be  as  valid  against  the  United  States  as  against 
the  importer  ?  And,  by  taking  all  color  of  title  out  of  the  importer,  do  we 
not  place  the  United  States  in  the  best  possible  situation  to  give  efficiency  to 
the  rights  of  man  in  the  case  of  the  persons  imported  ? 

"  But  let  us  admit  that  forfeiture  does  imply  a  species  of  title  lost  on 
one  side  and  acquired  on  the  other,  such  as  we  can  not  prevent  being  recog 
nized  in  those  states  into  which  these  importations  will  most  frequently  take 


440  PROHIBITION  OF  SLAVE  TRADE. 

place  :  which  is  best  ?  which  is  most  humane  ?  To  admit  a  title,  gain  it  for  the 
United  States,  and  then  to  .make  these  miserable  creatures  free,  under  such 
circumstances  and  at  such  time  as  the  condition  into  which  they  are  forced  per 
mits,  or,  by  denying  the  possibility  of  title,  to  leave  them  to  be  slaves  ?  But 
my  colleague  has  a  sovereign  specific  for  this.  We  do  not  make  them  slaves, 
he  says,  \ve  only  leave  them  to  the  laws  of  the  states.  But  if  the  laws  of  all 
the  states  may,  and  if  some  of  them  do  and  will  make  them  slaves,  by  leaving 
them  to  the  operation  of  the  laws  of  those  states,  do  we  not  as  absolutely 
make  them  slaves  as  though  we  voted  them  to  be  so  in  express  terms  ?  To 
my  mind,  if,  when  we  have  the  power,  we  fail  to  secure  to  ourselves  the  means 
of  giving  freedom  to  them  under  proper  modifications,  we  have  an  agency  in 
making  them  slaves.  To  strike  out  the  forfeiture,  as  it  seems  to  me,  will  de 
feat  the  very  end  its  advocates  have  in  view." 

Fiske,  of  Vermont,  denied  that,  in  order  to  give  the  United  States  the  de 
sired  control  over  Africans  or  others  illegally  imported,  any  forfeiture  was 
necessary.  It  was  never  thought  that  shipwrecked  people  belonged  to  the 
finder.  Just  so  with  the  alleged  slaves  brought  here.  It  was  our  duty  to 
take  them  into  our  custody,  and,  if  they  needed  assistance,  to  provide  for 
them  ;  and  this  might  be  done  without  seeming  to  recognize  any  title  in  the 
importer.  He  was  inclined  to  the  apprenticeship  plan. 

Clay,  of  Philadelphia,  and  Macon,  strongly  urged  the  bill  as  it  stood,  on  the 
ground  that  it  was  only  as  a  commercial  question  that  congress  had  any  juris 
diction  over  the  slave-trade.  Smilie,  of  Pa.,  insisted  that  this  was  something 
more  than  a  mere  commercial  question,  and  that  the  bill  could  not  be  passed 
with  this  clause  of  forfeiture  in  it  without  damage  to  the  national  character. 
He  quoted  the  declaration  of  independence  ;  to  which  Cfey  replied  that  the 
declaration  of  independence  must  be  taken  with  great  qualifications.  It  de 
clared  that  men  have  an  inalienable  right  to  life — yet  we  hang  criminals ;  to 
liberty — yet  we  imprison ;  to  the  pursuit  of  happiness — and  yet  men  must  not 
infringe  on  the  rights  of  others.  If  that  declaration  were  to  be  taken  in  its 
fullest  extent,  it  would  warrant  robbery  and  murder,  for  some  might  think  even 
these  crimes  necessary  to  their  happiness.  Hastings,  of  Massachusetts,  hoped 
the  general  government  would  never  be  disgraced  by  undertaking  to  sell  hu 
man  beings  like  goods,  wares  and  merchandise.  Yet,  in  spite  of  all  these  ob 
jections,  the  house  refused  to  strike  out  the  forfeiture,  sixty-three  to  thirty- 
six. 

The  debate  then  turned  upon  the  punishment  to  be  inflicted  on  the  masters 
and  owners  of  vessels  engaged  in  the  slave-trade.  The  substitution,  which 
had  been  adopted  in  committee  of  the  whole,  of  imprisonment  for  death,  was 
warmly  opposed  by  the  greater  part  of  the  northern  members,  a  few  excepted, 
who  professed  scruples  at  inflicting  capital  punishment  at  all.  "  We  have 
been  repeatedly  told,"  said  Mosely,  of  Connecticut,  "and  told  with  an  air  of 
triumph,  by  gentlemen  from  the  south,  that,  their  citizens  have  no  concern  in 
this  infamous  traffic ;  that  people  from  the  north  are  the  importers  of  negroes, 
and  thereby  the  seducers  of  southern  citizens  to  buy  them.  We  have  a  right 


PENALTY  DISCUSSED. 

to  presume,  then,  that  the  citizens  of  the  south  will  entertain  no  particular 
partiality  for  these  wicked  traffickers,  but  will  be  ready  to  subject  them  to  the 
most  exemplary  punishment.  So  far  as  the  people  of  Connecticut  are  con 
cerned,  I  am  sure  that,  should  any  citizen  of  the  north  be  convicted  under 
this  law,  so  far  from  thinking  it  cruel  in  their  southern  brethren  to  hang  them, 
such  a  punishment  of  such  culprits  would  be  acknowledged  with  gratitude  as  a 
fuvor." 

The  southern  members  all  opposed  the  punishment  of  death  as  too  severe  to 
be  carried  into  execution.  "  A  large  majority  of  the  people  in  the  southern 
states,"  said  Early,  "  do  not  consider  slaveholding  as  a  crime.  They  do  not 
believe  it  immoral  to  hold  men  in  bondage.  Many  deprecate  slavery  as  an 
evil— a  political  evil — but  not  as  a  crime.  Reflecting  men  apprehend  incalcu 
lable  evils  from  it  some  future  day,  but  very  few  consider  it  a  crime.  It  is 
best  to  be  candid  on  this  subject.  If  they  considered  the  holding  men  in 
slavery  as  a  crime,  they  would  necessarily  accuse  themselves.  I  will  tell  the 
truth,  a  large  majority  of  people  in  the  southern  states  do  not  consider  slavery 
even  an  evil.  Let  gentlemen  go  and  travel  in  that  quarter  of  the  union,  and 
they  will  find  this  to  be  the  fact." 

Holland,  of  North  Carolina,  gave  a  similar  account  of  the  public  sentiment 
of  the  south  :  "  Slavery  is  generally  considered  a  political  evil,  and,  in  that 
point  of  view,  nearly  all  are  disposed  to  stop  the  trade  for  the  future.  But 
has  capital  punishment  been  usually  inflicted  on  offenses  merely  political  ? 
Fine  and  imprisonment  are  the  common  punishments  in  such  cases.  The  peo 
ple  of  the  south  do  not  generally  consider  slaveholding  as  a  moral  offense. 
The  importer  might  say  to  the  informer,  I  have  done  no  worse  than  you,  nor 
even  so  bad.  It  is  true,  I  have  brought  these  slaves  from  Africa ;  but  I  have 
only  transported  them  from  one  master  to  another.  I  am  not  guilty  of  hold 
ing  human  beings  in  bondage  ;  you  are.  You  have  hundreds  on  your  planta 
tion  in  that  miserable  condition.  By  your  purchase  you  tempt  traders  to  in 
crease  that  evil  which  your  ancestors  introduced  into  the  country,  and  which 
you  yourself  contribute  to  augment.  And  the  same  language  the  importer  might 
hold  to  the  judge  or  jury  who  might  try  him.  Under  such  circumstances,  the 
law  inflicting  death  could  not  be  executed.  But  if  the  punishment  should  be 
fine  and  imprisonment  only,  the  people  of  the  south  will  be  ready  to  execute 
the  law."  Holland,  like  all  the  other  southern  speakers  on  this  subject,  wished  to 
place  the  prohibition  of  the  slave-trade  on  political,  and  not  on  moral  grounds. 
The  negroes,  he  said,  brought  from  Africa  were  unquestionably  brought  from 
a  state  of  slavery.  All  admitted  that,  as  slaves,  they  were  infinitely  better  off 
in  America  than  in  Africa.  How,  then,  he  argued,  could  the  trade  be  im 
moral  ? 

The  infliction  of  capital  punishment  was  also  objected  to  by  Stanton,  one  of 
the  democratic  members  from  Rhode  Island.  "  Some  people  of  my  state," 
he  remarked,  "  have  been  tempted  by  the  high  price  offered  for  negroes  by  the 
southern  people  to  enter  into  this  abominable  traffic.  I  wish  the  law  made 
strong  enough  to  prevent  the  trade  in  future,  but  I  can  not  believe  that  a  man 


442  PROHIBITION  OF   SLAVE  TRADE. 

ought  to  be  hung  for  only  stealing  a  negro  1  " — a  declaration  received  by  the 
house  with  a  loud  laugh.  "  Those  who  buy  are  as  bad  as  those  who  import, 
and  deserve  hanging  just  as  much." 

"We  are  told,"  said  Theodore  Dwight,  of  Connecticut,  "that  morality  has 
nothing  to  do  with  this  traffic ;  that  it  is  not  a  question  of  morals,  but  of  pol 
itics.  The  president,  in  his  message  at  the  opening  of  the  session,  has  ex 
pressed  a  very  different  opinion.  He  speaks  of  this  traffic  as  a  violation  of 
human  rights,  which  those  who  regarded  morality,  and  the  reputation  and  best 
interests  of  the  country,  have  long  been  eager  to  prohibit.  The  gentleman 
from  North  Carolina  has  argued  that,  in  importing  Africans,  we  do  them  no 
harm  ;  that  we  only  transfer  them  from  a  state  of  slavery  at  home  to  a  state 
of  slavery  attended  by  fewer  calamities  here.  But  by  what  authority  do  we 
interfere  with  their  concerns  ?  Who  empowered  us  to  judge  for  them  which  in 
the  worse  and  which  is  the  better  state  ?  Have  these  miserable  beings  ever 
been  consulted  as  to  their  removal  ?  Who  can  say  that  the  state  in  which 
they  were  born,  and  to  which  they  are  habituated,  is  not  more  agreeable  to 
them  than  one  altogether  untried,  of  which  they  hav.e  no  knowledge,  and  about 
which  they  can  not  even  make  any  calculations  ?  Let  the  gentleman  ask  hia 
own  conscience  whether  it  be  not  a  violation  of  human  rights  thus  forcibly  to 
carry  these  wretches  from  their  home  and  their  country  ?  " 

Clay  insisted  that  capital  punishment  under  this  law  could  not  be  carried 
into  execution  even  in  Pennsylvania,  of  which  state  it  had  been  the  policy  to 
dispense  with  the  penalty  of  death  in  all  cases  except  for  murder  in  the  first 
degree.  But  on  this  point  Findley  and  Smilie  expressed  very  decidedly  an 
opposite  opinion.  This  was  a  crime,  they  said,  above  murder ;  it  was  man- 
stealing  added  to  murder.  In  spite,  however,  of  all  efforts,  the  substitution  of 
imprisonment  for  death  prevailed  by  a  vote  of  sixty-three  to  fifty-two. 

Another  attempt  was  afterwards  made  by  Sloan,  of  New  Jersey,  to  strike 
out  the  forfeiture  clause ;  but  he  could  not  even  succeed  in  obtaining  the  yeas 
and  nays  upon  it.  Three  days  after,  the  bill  having  been  engrossed  and  the 
question  being  on  its  passage,  the  northern  members  seemed  suddenly  to  recol 
lect  themselves.  Again  it  was  urged  that  by  forfeiting  the  slaves  imported, 
and  putting  the  proceeds  into  the  public  treasury,  the  bill  gave  a  direct  sanc 
tion  to  the  principle  of  slavery,  and  cast  a  stain  upon  the  national  character. 
In  order  that  some  other  plan  might  be  devised,  consistent  at  once  with  the 
honor  of  the  Union  and  the  safety  of  the  slave-holding  states,  it  was  moved 
to  recommit  the  bill  to  a  committee  of  seventeen— one  from  each  state.  This 
motion,  made  by  Bedinger,  of  Kentucky,  was  supported  not  only  by  Slo*»n, 
Bidwell,  Findley,  and  Smilie,  but  also  by  Quincy,  of  Boston,  and  Clay,  of 
Philadelphia,  who  seemed  at  length  to  have  taken  the  alarm  at  the  extent  to 
which  they  had  been  playing  into  the  hands  of  the  slaveholders.  It  was 
urged,  on  the  other  side,  that  the  bill,  as  it  stood,  was  satisfactory  to  nearly  or 
quite  all  the  members  from  the  southern  states,  who  alone  were  interested  in 
the  matter,  and  that  to  recommit  a  bill  at  this  stage  was  very  unusual.  Tha 
motion  to  recommit  was  carried,  however,  seventy-six  to  forty-nine. 


SENATE  BILL.  443 

The  committee  of  seventeen  proposed  that  all  persons  imported  in  violation 
of  the  act  should  be  sent  to  such  states  as  had  prohibited  slavery,  or  had  en 
acted  laws  for  its  gradual  abolition,  and  should  there  be  bound  out  as  appren 
tices  for  a  limited  time,  at  the  expiration  of  which  they  were  to  become  free. 

When  this  report  came  up  for  discussion,  a  very  extraordinary  degree  of 
excitement  was  exhibited  by  several  of  the  southern  members.  Early  declared 
that  the  people  of  the  south  would  resist  this  provision  with  their  lives ;  and 
he  moved,  by  way  of  compromise,  as  he  said,  to  substitute  for  it  a  delivery  of 
the  imported  negroes  to  the  state  authorities,  to  be  disposed  of  as  they  might 
see  fit — the  same,  in  substance,  with  Bidwell's  suggestion.  This  Smilie  pro 
nounced  a  new  scene  indeed  I  Was  the  house  to  be  frightened  by  threats  of 
civil  war  ?  Early  denied  having  made  any  such  threats.  He  merely  meant  to 
intimate  that  troops  would  be  necessary  to  enforce  the  act.  The  whole  day, 
thus  commenced,  was  consumed  in  a  very  violent  debate,  of  which  no  detailed 
report  has  been  preserved. 

While  this  subject  had  been  under  discussion  in  the  house,  the  senate  had 
passed  and  sent  down  a  bill  having  the  same  object  in  view.  The  house  bill, 
with  the  report  of  the  committee,  having  been  laid  upon  the  table,  the  senate 
bill  was  taken  up.  That  bill  provided  that  neither  the  importer,  nor  any  pur 
chaser  under  him,  should  "have  or  gain  "  any  title  to  the  persons  illegally  im 
ported,  leaving  them  to  be  disposed  of  as  the  states  might  direct.  Williams, 
of  South  Carolina,  moved  to  substitute  the  word  "  retain  "  instead  of  the  words 
" have  or  gain.7'  The  motion  to  strike  out  prevailed,  but,  instead  of  "retain," 
the  word  "  hold  "  was  substituted ;  whereupon  Williams  declared,  in  a  very  ve 
hement  speech,  that  he  considered  this  word  "  hold  "  as  leading  to  the  destruc 
tion  and  massacre  of  all  the  whites  in  the  southern  states ;  and  he  attacked  Bid- 
well  with  great  violence  as  the  author  of  this  calamity.  The  punishment  of 
death  was  also  stricken  from  the  bill,  and,  thus  amended,  it  was  reported  to 
the  house.  These  amendments  being  concurred  in,  the  bill  was  passed,  one 
hundred  and  thirteen  to  five,  and  was  sent  back  to  the  senate. 

But,  notwithstanding  this  concession  to  the  south,  the  trouble  was  not  yet 
over.  Among  other  precautions  against  the  transportation  coastwise  of  im 
ported  slaves,  the  senate  bill  had  forbidden  the  transport,  for  the  purpose  of 
sale,  of  any  negro  whatever  on  board  any  vessel  under  forty  tons  burden.  A 
proviso  had  been  added  by  the  house,  excluding  from  the  operation  of  this 
section  the  coastwise  transportation  of  slaves  accompanied  by  the  owner  or  his 
agent.  The  refusal  of  the  senate  to  concur  in  this  amendment  called  out  John 
Randolph,  who  hitherto  had  hardly  spoken.  "  If  the  bill  passed  without  this 
proviso,  the  southern  people,"  he  said,  "  would  set  the  act  at  defiance.  He 
would  set  the  first  example.  He  would  go  with  his  own  slaves,  and  be  at  the 
expense  of  asserting  the  rights  of  the  slaveholders.  The  next  step  would  be 
to  prohibit  the  slaveholder  himself  going  from  one  state  to  another.  The  bill 
without  the  amendment  was  worse  than  the  exaction  of  ship-money.  The  pro 
prietor  of  sacred  and  chartered  rights  was  prevented  from  the  constitutional 
use  of  his  property." 
29 


444  PROHIBITION  OF  SLAVE  TRADE. 

Other  speeches  were  made  in  the  same  high  strain,  and  finally  a  committee 
of  conference  was  appointed,  by  which  an  amended  proviso  was  agreed  to,  al 
lowing  the  transportation  of  negroes,  not  imported  contrary  to  the  provisions 
of  the  act,  in  vessels  of  any  sort  on  any  river  or  inland  bay  within  the  juris 
diction  of  the  United  States.  This,  however,  was  far  from  satisfying  the  more 
violent  southern  members.  Randolph  still  insisted  "that  the  provisions  of  the 
bill,  so  far  as  related  to  the  coastwise  transportation  of  slaves,  touched  upon 
the  right  of  private  property,"  and  he  expressed  a  fear  lest  at  any  future  period 
this  claim  of  power  might  be  made  the  pretext  for  a  general  emancipation. 
"  He  would  rather  lose  all  the  bills  of  the  session,  every  bill  passed  since  the 
establishment  of  the  government,  than  submit  to  such  a  provision.  It  went  to 
blow  the  constitution  into  ruins.  If  disunion  should  ever  take  place,  the  line 
of  disseverance  would  not  be  between  the  east  and  the  west,  lately  the  topic  of 
so  much  alarm,  but  between  the  slaveholding  and  the  non-slaveholding  states." 
Early  and  Williams  joined  in  these  demonstrations  ;  but  the  report  of  the 
committee  of  conference  was  agreed  to,  sixty-three  to  forty-nine.* 

The  act,  as  finally  passed,  imposed  a  fine  of  $20,000  upon  all  persons  con 
cerned  in  fitting  out  any  vessel  for  the  slave-trade,  with  the  forfeiture  of  the 
vessel ;  likewise  a  fine  of  $5,000,  with  forfeiture  also  of  the  vessel,  for  taking 
on  board  any  negro,  mulatto,  or  person  of  color  in  any  foreign  country,  with 
the  purpose  of  selling  such  person  within  the  jurisdiction  of  the  United  States 
as  a  slave.  For  actually  transporting  from  any  foreign  country  and  selling  as 
a  slave,  or  to  be  held  to  service  or  labor  within  the  United  States,  any  such 
person  as  above  described,  the  penalty  was  imprisonment  for  not  less  than  five 
nor  more  than  ten  years,  with  a  fine  not  exceeding  $10,000  nor  less  than  $1,000. 
The  purchaser,  if  cognizant  of  the  facts,  was  also  liable  to  a  fine  of  $800  for 
every  person  so  purchased.  Neither  the  importer  nor  the  purchaser  were  to 
hold  any  right  or  title  to  such  person,  or  to  his  or  her  service  or  labor ;  but  all 
such  persons  were  to  remain  subject  to  any  regulations  for  their  disposal,  not 
contrary  to  the  provisions  of.  this  act,  which  might  be  made  by  the  respective 
states  and  territories.  Coasting  vessels  transporting  slaves  from  one  state  to 
another  were  to  have  the  name,  age,  sex,  and  description  of  such  slaves,  with 
the  names  of  the  owners,  inserted  in  their  manifests,  and  certified  also  by  the 
officers  of  the  port  of  departure ;  which  manifests,  before  landing  any  of  the 
slaves,  were  to  be  exhibited  and  sworn  to  before  the  officer  of  the  port  of 
arrival,  under  pain  of  forfeiture  of  the  vessel,  and  a  fine  of  $1,000  for  each 
slave  as  to  whom  these  formalities  might  be  omitted.  No  vessel  of  less  than 
forty  tons  burden  was  to  take  any  slaves  on  board  except  for  transportation  on 
the  inland  bays  and  rivers  of  the  United  States  ;  and  any  vessel  found  hover 
ing  on  the  coast  with  slaves  on  board,  in  contravention  of  this  act,  was  liable 
to  seizure  and  condemnation  j  for  which  purpose  the  president  was  authorized 
to  employ  the  ships  of  the  navy,  half  the  proceeds  of  the  captured  vessels  and 
their  cargoes  to  go  to  the  captors.  The  masters  of  vessels  so  seized  were  lia- 

*  Annals  of  Congress,  1806-7 :  Gales  &  Beaton.—  Hildreth's  Hist.  U.  S. 


STATE  LEGISLATION.  445 

ble  to  a  fine  of  $10,000,  and  imprisonment  for  not  less  than  two  nor  more  than 
four  years.  The  negroes  found  on  board  were  to  be  delivered  to  such  persons 
as  the  states  might  respectively  appoint  to  receive  them,  or,  in  default  of  such 
appointment,  to  the  overseers  of  the  poor  of  the  place  to  which  they  might  be 
brought ;  and  if,  under  state  regulations,  they  should  be  "  sold  or  disposed  of," 
the  penalties  of  this  act  upon  the  seller  and  purchaser  were  not  to  attach  in 
such  cases. 

"The  importation  of  Africans  into  South  Carolina,"  says  Hildreth,  "during 
the  four  years  from  the  reopening  of  the  traffic  up  to  the  period  when  the  law 
of  the  United  States  went  into  effect,  amounted  to  about  40,000,  of  whom  half 
were  brought  by  English  vessels.  A  very  large  proportion  of  the  remainder 
sewn  to  have  been  introduced  by  Rhode  Islanders.  The  English  act  for  the 
abolition  of  the  slave-trade,  and  especially  the  commercial  restrictions  which 
went  into  operation  simultaneously  with  the  American  act,  contributed  to  give 
it  an  efficacy  which  otherwise  it  might  not  have  had.  At  a  subsequent  period, 
after  the  reestablishment  of  freedom  of  navigation,  additional  provisions,  as 
we  shall  see,  became  necessary. 

"  Th,e  convention  of  delegates  from  the  various  abolition  societies  had  con 
tinued,  since  its  institution  in  1793,  to  meet  annually  at  Philadelphia;  but  of 
late  the  delegations  from  the  south  had  greatly  fallen  off,  and  the  convention 
of  the  present  year  resolved  that  its  future  meetings  should  be  only  triennial. 
That  spirit,  twin-born  with  the  struggle  for  liberty  and  independence,  which 
had  produced  in  three  states  (Massachusetts,  Yermont,  and  Ohio,)  the  total 
prohibition  of  slavery,  in  six  others  provisions  for  its  gradual  abolition,  and,  in 
spite  of  the  efforts  of  the  people  of  Indiana  for  its  temporary  introduction, 
(efforts  renewed  again  at  the  present  session,  but  again,  notwithstanding  the 
favorable  report  of  a  committee,  without  success,)  its  continued  prohibition  in 
the  territories  northwest  of  the  Ohio,  culminating  now  in  the  total  prohibition 
of  the  foreign  slave-trade,  seems  to  have  become,  for  a  considerable  interval, 
less  active,  or  at  least,  less  marked  in  its  manifestations.  The  greater  part  of 
the  societies  whence  the  delegates  came  gradually  died  out,  and  even  the  tri 
ennial  convention  presently  ceased.  Jefferson  preserved,  with  all  his  zeal  on 
this  subject,  a  dead  silence.  In  his  private  letters  he  sometimes  alluded  to  the 
necessity  of  steps  for  getting  rid  of  the  evil  of  slavery ;  but  he  took  good  care 
not  to  hazard  his  popularity  at  the  south  by  any  public  suggestions  on  the 
subject. 

"  That  dread  of  and  antipathy  to  free  negroes  which  had  been  evinced  in 
the  debate  on  the  slave-trade  prohibition  act  had  not  been  without  its  influence 
upon  the  legislation  of  the  states.  Indeed,  it  had  led  to  some  serious  infrac 
tions  of  these  alleged  rights  of  property,  but  a  very  distant  approach  to  which 
by  the  general  government  had  thrown  Randolph  into  such  excitement.  In 
1796,  North  Carolina  had  reenforced  and  reenacted  her  law  prohibiting  eman 
cipation  except  for  meritorious  services  and  by  allowance  of  the  county  courts. 
South  Carolina,  in  1800,  had  prohibited  emancipation  except  by  consent  of  a 
justice  of  the  peace  and  of  five  indifferent  freeholders.  Another  South  Caro- 


446  STATE  LEGISLATION. 

lina  act  of  the  same  year  had  declared  it  unlawful  for  any  number  of  slaves, 
free  negroes,  mulattoes,  or  mestizoes  to  assemble  together,  even  though  in  the 
presence  of  white  persons,  "for  mental  instruction  or  religious  worship."  The 
same  influences  were  felt  in  Virginia,  aggravated,  perhaps,  by  two  successive 
alarms  of  insurrection,  one  in  1799,  the  other  in  1801.  The  freedom  of  eman 
cipation  allowed  by  the  act  of  1782  was  substantially  taken  away  in  1805,  by 
a  provision  that  thenceforward  emancipated  slaves  remaining  in  the  state  for 
twelve  months  after  obtaining  their  freedom  should  be  apprehended  and  sold 
for  the  benefit  of  the  poor  of  the  county — a  forfeiture  given  afterward  to  the 
literary  fund.  Overseers  of  the  poor,  binding  out  black  or  mulatto  orphans  as 
apprentices,  were  forbidden  to  require  their  masters  to  teach  them  reading, 
writing,  or  arithmetic.  Free  blacks  coming  into  the  state  were  to  be  sent  back 
to  the  places  whence  they  came.  The  legislature  of  Kentucky  presently  (1808) 
went  so  far  as  to  provide  that  free  negroes  coming  into  that  state  should  give 
security  to  depart  within  twenty  days,  and  on  failure  to  do  so  should  be  sold 
for  a  year — the  same  process  to  be  repeated  if,  twenty  days  after  the  end  of  the 
year,  they  were  still  found  within  the  state.  '  Such  is  the  fate,'  exclaims  Mar 
shall,  the  historian  of  Kentucky,  indignant  at  this  barbarous  piece  of  legisla 
tion,  '  of  men  not  represented,  at  the  hands  of  law-makers,  often  regardless  of 
the  rights  of  others,  and  even  of  the  first  principles  of  humanity.'  Yet  this 
statute  remains  in  force  to  the  present  day,  and  many  like  ones,  in  other  states, 
have  since  been  added  to  it.  Whether  the  excessive  dread  of  the  increase  of 
free  negroes,  which  still  prevails,  and  which  seems  every  day  to  grow  more  and 
more  rabid  throughout  the  southern  states,  has  any  better  foundation  than  mere 
suspicion  and  fear,  is  not  so  certain.  In  Delaware  and  Maryland  the  free  col 
ored  population  is  far  greater  in  proportion  than  elsewhere ;  yet  life  and  prop 
erty  are  more  secure  in  those  than  in  any  other  «laveholding  states,  nor  are 
they  inferior  in  wealth  and  industry."  * 

*  Hildreth. 


POLITICAL  HISTORY.  447 

CHAPTER     XXVI. 

POLITICAL  HISTORY  OP  SLAVERY  IN  THE  UNITED  STATES  FROM  180t  TO  1820. 

Slave  population  in  1810. — Period  of  the  war. — John  Randolph's  denunciations. — Pro 
clamation  of  Admiral  Cochrane  to  the  slaves. — Treaty  of  Peace — arbitration  on  slave 
property. — Opinions  of  the  domestic  slave-trade  by  southern  statesmen. — Constitution 
of  Mississippi — slave  provisions. — The  African  slave-trade  and  fugitive  law. — Missouri 
applies  for  admission — proviso  to  prohibit  slavery. — Debate — speeches  of  Fuller,  Tall- 
madge,  Scott,  Cobb,  and  Livermore. — Proceedings,  1820. — Bill  for  organizing  Arkansas 
Territory — proviso  to  prohibit  slavery  lost. — Excitement  in  the  North. — Public  meet 
ings. — Massachusetts  memorial. — Resolutions  of  State  Legislatures  of  New  York,  New 
Jersey,  Pennsylvania,  Delaware,  and  Kentucky. — Congress — the  Missouri  struggle  re 
newed. — The  compromise. — Proviso  to  exclude  slavery  in  territory  north  of  36°  30' 
carried. — Proviso  to  prohibit  slavery  in  Missouri  lost. — Opinions  of  Monroe's  cabinet. 
Reflections  of  J.  Q.  Adams. — State  Constitution  of  Missouri — final  struggle. — Missouri 
admitted  as  a  slave  state. 


I 


N  the  period  between  1800  and  1810,  the  slave  population  of  the  states  and 
territories  increased  298,323,  exhibiting  a  total  in  1810  of  1,191,364,  a  rate 
of  increase  of  about  33  per  cent. 

CENSUS  OF  1810.— SLAVE  POPULATION. 

District  of  Columbia 5,395                Georgia 105,218 

Rhode  Island 108                Maryland 111,502 

Connecticut 310                North  Carolina 168,824 

Pennsylvania 795                South  Carolina 196,365 

Delaware 4,177                Virginia 392,518 

New  Jersey 10,851  Mississippi  Territory. ...  17,088 

New  York 15,017                Indiana  Territory 237 

Louisiana 34, 660                Louisiana  Territory 3,011 

Tennessee 44,535                Illinois  Territory 168 

Kentucky 80,561                Michigan  Territory 24 

About  this  period  the  foreign  relations  of  the  country  absorbed  the  attention 
of  congress,  and  the  subject  of  slavery  was  only  incidentally  alluded  to. 
John  Randolph,  of  Yirginia,  in  a  speech  in  opposition  to  the  contemplated 
war  with  England,  in  his  usual  discursive  style,  thus  denounces  the  slavery 
agitation  and  the  "infernal  principles"  of  the  French  democracy,  as  inconsis 
tent  with  the  safety  of  the  south  : 

"  No  sooner  was  the  present  report  laid  on  the  table,  than  the  vultures  came 
flocking  round  their  prey — the  carcass  of  a  great  military  establishment.  Men 
of  tainted  reputation,  of  broken  fortunes  (if  they  ever  had  any),  of  battered 
constitutions,  'choice  spirits,  tired  of  the  dull  pursuits  of  civil  life,'  seeking 
after  agencies  and  commissions,  and  wishing  to  light  the  public  candle  at  both 
ends. 

"  Such  a  war  might  hold  out  inducements  to  gentlemen  from  Tennessee  and 
Genesee  (Grundy  and  Porter).  Western  hemp  would  rise  in  the  market,  and 
western  New  York  might  grow  rich  by  provisioning  our  armies ;  not  to  mention 
\e  political  interest  which  that  state  had  in  the  acquisition  of  Canada.  But 


445  JOHN  RANDOLPH. 

how  absurd  to  commence  a  war  for  maritime  rights  by  invading  that  province, 
while  our  whole  sea-coast  lay  exposed  to  the  enemy ;  not  a  spot  on  all  the 
shores  of  Chesapeake  bay,  the  city  of  Baltimore  alone  excepted,  safe  from  at 
tack  or  capable  of  defense  ! 

"  If  it  were  true  that  Britain  had  stimulated  the  late  Indian  hostilities,  that 
might  justify  the  proposed  .invasion ;  but  that  was  a  rash  charge,  with  no 
foundation  beyond  suspicion  and  surmise.  There  was,  indeed,  an  easy  and 
natural  solution  of  the  events  on  the  Wabash,  without  resort  to  any  such  con 
jecture.  It  was  our  own  thirst  for  territory,  our  want  of  moderation  that  had 
driven  those  sons  of  nature  to  despair. 

"But  this  Canadian  campaign,  it  seems,  is  to  be  a  holiday  matter.  There 
is  to  be  no  expense  of  blood  or  treasure  on  our  part.  Canada  is  to  conquer 
herself — is  to  be  subdued  by  the  principles  of  French  fraternity  1  We  are  to 
succeed  by  this  French  method  !  Our  whole  policy,  indeed,  is  French  1  But 
how  dreadfully  might  not  this  sort  of  warfare  be  retorted  on  our  own  southern 
states ! 

"  During  the  war  of  the  revolution,  so  fixed  among  the  slaves  was  the  habit 
of  obedience,  that  while  the  whole  country  was  overrun  by  the  enemy,  who  in 
vited  them  to  desert,  no  fears  were  entertained  of  insurrection.  But  should 
we  therefore  be  unobservant  spectators  of  the  progress  of  society  with  the  last 
twenty  years  ?  Even  the  poor  slaves  have  not  escaped.  The  French  revolu 
tion  has  polluted  even  them.  Nay,  there  have  not  been  wanting  members  of 
this  house — witness  our  legislative  Legendre,  the  butcher — [this  referred  to 
Sloan,  who  had  proposed  the  abolition  of  slavery  in  the  District  of  Columbia] 
to  preach  upon  this  very  floor  the  doctrine  of  imprescriptible  rights  to  a 
crowded  audience  of  blacks  in  the  galleries ;  teaching  them  that  they  are  equal 
to  their  masters ;  in  other  words,  advising  them  to  cut  their  masters'  throats  ! 
Similar  doctrines  are  spread  throughout  the  south  by  Yankee  peddlers ;  and 
there  are  even  owners  of  slaves  so  infatuated,  as  by  the  general  tenor  of  their 
conversation,  by  contempt  of  order,  morality,  and  religion,  unthinkingly  to 
cherish  these  seeds  of  destruction.  And  what  has  been  the  consequence  ? 
Within  the  last  ten  years  repeated  alarms  of  slave  insurrections,  some  of  them 
awful  indeed.  By  the  spreading  of  this  infernal  doctrine,  the  whole  south  has 
been  thrown  into  a  state  of  insecurity.  Men  dead  to  the  operation  of  moral 
causes  have  taken  from  the  poor  slave  those  habits  of  loyalty  and  obedience 
which  lightened  his  servitude  by  a  double  operation,  beguiling  his  own  labors 
and  disarming  his  master's  suspicions  and  severity ;  and  now,  like  true  empi 
rics  in  politics,  you  propose  to  trust  to  the  mere  physical  strength  of  the 
shackle  that  holds  him  in  bondage.  You  have  deprived  him  of  all  moral  re 
straint  ;  you  have  tempted  him  to  eat  of  the  tree  of  knowledge  just  enough 
to  perfect  him  in  wickedness ;  you  have  opened  his  eyes  to  his  nakedness ;  you 
have  roused  his  nature  against  the  hand  that  has  fed  him,  and  has  clothed  him, 
and  has  cherished  him  in  sickness — that  hand  which,  before  he  became  a  pupil 
in  your  school,  he  was  accustomed  to  press  to  his  lips  with  respectful  affection ; 
you  have  done  all  this — and  now  you  point  him  to  the  whip  and  the  gibbet 


COMPENSATION  FOR  SLAVES.  449 

as  incentives  to  a  sullen,  reluctant  obedience.  God  forbid  that  the  southern 
states  should  ever  see  an  enemy  on  their  shores  with  these  infernal  principles 
of  French  fraternity  in  the  van  !  While  talking  of  Canada,  we  have  too 
much  reason  to  shudder  for  our  own  safety  at  home.  I  speak  from  facts  when 
I  say  that  the  night-bell  never  tolls  for  fire  in  Richmond  that  the  frightened 
mother  does  not  hug  her  infant  the  more  closely  to  her  bosom,  not  knowing 
what  may  have  happened.  I  have  myself  witnessed  some  of  the  alarms  in  the 
capital  of  Virginia." 

The  infernal  principles  spoken  of  by  Randolph,  were,  it  seems,  reduced  tc 
practice  in  1814  by  admiral  Cochrane,  of  the  Chesapeake  blockading  squadron, 
who  issued  a  proclamation,  addressed  to  the  slaves,  under  the  denomination  of 
" persons  desirous  to  emigrate."  They  were  offered  a  reception,  with  their 
families,  on  board  the  British  vessels  of  war,  with  the  choice  of  entering  into 
the  service,  or  of  being  sent  to  the  British  possessions  as  free  settlers.  "There 
is  reason,  indeed,  to  believe,"  says  Hildreth,  "  that  a  plan  suggested  by  some 
of  the  British  officers,  for  taking  possession  of  the  peninsula  between  Delaware 
and  Chesapeake  bays,  and  then  training  a  black  army,  was  only  rejected  because 
the  British,  being  then  slaveholders  themselves,  did  not  like  to  encourage  in 
surrection  elsewhere." 

Subsequent  to  the  ratification  of  the  treaty  of  peace,  a  question  arose  whether 
the  United  States  were  entitled,  under  the  treaty,  to  compensation  for  slaves 
within  the  territory  or  places  occupied  by  the  British  forces  at  the  time  of 
the  making  of  the  treaty,  and  directed  by  that  treaty  to  be  restored  to  the 
United  States.  The  question  was  referred,  by  agreement,  to  the  emperor  of 
Russia,  who  gave  his  decision  as  follows  : 

"  That  the  United  States  were  entitled  to  indemnification  for  all  the  slaves 
carried  away  by  the  British  forces  from  places  and  territories  which  the  treaty 
stipulated  to  restore,  in  quitting  these  same  places  and  territories :  That  all 
slaves  were  to  *be  considered  as  having  been  so  carried  away,  who  had  been 
transferred  from  these  territories  to  British  vessels  within  the  said  territories, 
and  who  for  this  reason  had  not  been  restored  :  But  that  for  slaves  carried  away 
from  territories  which  the  treaty  did  not  stipulate  to  restore,  the  United  States 
are  not  entitled  to  indemnification.  The  emperor  also  appointed  two  of  his 
privy  councilors,  Count  Nesselrode  and  Count  Capodistrias,  together  with 
Henry  Middleton,  the  American  minister  at  St.  Petersburgh,  and  Charles 
Bagot,  the  British  minister  at  the  same  place,  to  provide  the  mode  of  ascer 
taining  the  value  of  the  slaves,  and  of  other  private  property  unlawfully  car 
ried  away,  and  for  which  indemnification  was  to  be  made. 

The  settlement  of  the  southwest  proceeded  rapidly  after  the  war.  The 
great  profits  derived  from  the  cultivation  of  cotton,  kept  the  African  slave- 
trade  alive  in  spite  of  the  prohibitory  laws.  The  domestic  slave-trade  increased, 
and  Washington  became  a  great  resort  of  the  traders,  who  were  engaged  in 
buying  up  slaves  in  Maryland  and  Virginia  for  transportation  to  the  south 
west.  John  Randolph,  of  Virginia,  in  congress  denounced  this  new  traffic  as 
heinous  and  abominable,  inhuman  and  illegal,  and  moved  a  committee  of  in- 


450  DOMESTIC  SLAVE  TRADE. 

quiry,  whose  report  justified  some  of  the  epithets.  Governor  Williams,  of 
South  Carolina,  in  a  message  to  the  legislature,  denounced  "this  remorsless 
and  merciless  traffic,  this  ceasless  dragging  along  the  streets  and  highways  of 
a  crowd  of  suffering  victims  to  minister  to  insatiable  avarice,"  as  condemned 
alike  by  "enlightened  humanity,  wise  policy  and  the  prayers  of  the  just."  The 
legislature  accordingly  passed  an  act  forbidding  the  introduction  of  slaves 
from  abroad ;  which  was  repealed,  however,  in  two  years. 

About  this  time  the  American  Colonization  Society  sprung  into  existence, 
as  related  in  a  former  chapter. 

The  new  state  of  Mississippi  was  admitted  into  the  Union  December  10, 
1817.  By  one  of  the  provisions  of  its  constitution,  grand  juries  were  dispensed 
with  in  the  indictment  of  slaves ;  and  slaves  were  not  allowed  trial  by  jury 
except  in  capital  cases. 

At  the  session  of  1817-18,  the  Maryland  Quakers  sent  in  a  petition  to  con 
gress  praying  further  provisions  for  the  security  of  free  persons  of  color  against 
the  increased  danger  of  being  kidnapped,  growing  out  of  the  domestic  slave- 
trade.  The  Quaker  memorial  was  referred,  and  Burrell,  of  Rhode  Island, 
moved  instructions  to  the  committee,  also  to  inquire  into  the  expediency  of 
additional  provisions  for  the  suppression  of  the  African  slave-trade,  and  espe 
cially  of  concert  with  other  nations  for  that  purpose. 

At  this  session,  Pindall,  of  Virginia,  obtained  a  committee,  which  brought 
in  a  bill  to  give  new  stringency  to  the  old  fugitive  slave  act.  The  bill  provided 
for  assimilating  the  proceedings  in  the  case  of  fugitives  from  labor  to  those  in 
the  case  of  fugitives  from  justice.  The  claimant,  having  made  out  a  title  be 
fore  some  judge  of  his  own  state,  was  then  to  be  entitled  to  an  executive  demand 
on  the  governor  of  the  state  where  the  fugitive  was,  with  the  imposition  of 
heavy  penalties  upon  those  who  refused  to  aid  in  the  arrest. 

Strong,  Fuller,  and  Whitman,  of  Massachusetts,  Williams,  of  Connecticut, 
Livermore,  of  New  Hampshire,  and  several  Pennsylvania  representatives, 
warmly  opposed  this  bill,  as  going  entirely  beyond  the  constitutional  provision 
on  the  subject  of  fugitives  from  labor.  The  old  law,  in  their  opinion,  went 
quite  far  enough  already.  The  personal  rights  of  one  class  of  citizens  were 
not  to  be  trampled  upon  to  secure  the  rights  of  property  of  other  citizens. 
The  question  of  servitude  ought  to  be  tried  in  the  state  where  the  fugitive  was. 
A  motion  was  made  by  Sergeant  to  modify  the  bill  in  accordance  with  this 
idea  ;  but  it  did  not  succeed.  On  the  other  hand,  the  bill  was  supported  by 
Cobb,  of  Georgia,  as  a  right  of  the  slaveholders  secured  by  the  constitution, 
by  Mr.  Speaker  Clay,  and  by  Baldwin,  of  Pennsylvania.  The  bill  was  also 
supported  by  Holmes,  of  Massachusetts,  by  Storrs,  of  New  York,  who  thought 
that,  for  the  sake  of  union  and  harmony,  northern  men  must  learn  to  sacrifice 
their  prejudices ;  and  by  Mason,  the  new  Boston  representative,  who  professed, 
indeed,  a  personal  interest  in  the  question,  from  his  fear  lest,  if  the  bill  failed 
to  pass,  his  own  town  of  Boston  might  be  inconveniently  infested  by  southern 
runaways.  Thus  sustained,  the  bill  passed  the  house,  84  to  69.  Among  the 
yeas  were  ten  from  New  York,  still  a  slaveholding  state,  five  from  Massachu 


FUGITIVE  ACT.  451 

setts,  four  from  Pennsylvania,  and  one  from  New  Jersey,  that  of  the  late  gov 
ernor  and  general,  Bloomfield,  in  his  earlier  days  a  most  zealous  member  of  the 
New  Jersey  society  for  the  abolition  of  slavery. 

Having  reached  the  senate,  this  bill  was  referred  to  a  committee,  of  which 
Crittenden  was  chairman.  He  reported  it  back  with  several  amendments,  one 
of  which  provided  that  the  identity  of  the  alleged  fugitive,  after  being  carried 
back,  should  be  established  by  some  testimony  other  than  that  of  the  claimant. 
Thus  amended,  the  bill  was  carried  in  the  senate ;  but  not  without  a  very  warm 
debate,  of  which,  however,  not  a  syllable  has  been  preserved.  The  vote  stood 
IT  to  13,  the  Delaware  senators  against  it;  Otis,  of  Massachusetts,  Sanford, 
of  New  York,  and  Taylor,  of  Indiana,  for  it,  But  by  the  time  the  bill  got 
back  to  the  house,  its  northern  supporters  seem  to  have  taken  some  alarm ; 
and,  in  spite  of  repeated  efforts  of  its  authors  to  get  some  action  upon  it,  it 
was  suffered  to  lie  and  to  die  on  the  table. 

Burrell's  resolution  in  the  senate,  especially  that  part  of  it  relating  to  coop 
eration  with  foreign  nations,  was  strongly  opposed  by  Barbour  and  Troup,  as 
leading  to  foreign  entanglements,  and  involving  a  pledge  which  congress  had 
no  right  to  give.  Morrell,  a  new  democratic  senator  from  New  Hampshire, 
launched  out,  in  reply,  into  a  most  emphatic  denunciation  of  slavery.  King 
defended  the  resolution,  since  the  concert  which  it  suggested  was  one,  not  of 
arms,  but  of  opinion,  example,  and  influence,  to  prevail  on  Spain  and  Portugal 
to  join  in  the  abolition  of  the  traffic ;  but  he  suggested  that  the  debate  had 
taken  quite  too  wide  a  range,  the  subject  of  the  resolution  being,  not  slavery 
in  general,  a  topic,  as  he  remarked,  always  alluded  to  in  the  senate  with  very 
great  reserve,  but  the  abolition  of  the  slave-trade,  as  to  which  they  were  all 
agreed.  The  resolution  was  adopted ;  and  the  committee  to  which  it  was  re 
ferred  reported  a  bill,  which  became  a  law,  throwing  the  burden  of  proof,  in  all 
cases  where  negroes  were  found  on  board  a  ship,  on  those  in  possession ;  and 
extending  the  penalties  of  the  prohibitory  act  to  the  fitting  out  of  vessels  for 
the  slave-trade,  or  the  transporting  slaves  to  any  country  whatever. 

At  the  session  of  1818-19,  an  act  was  passed  allowing  a  premium  of  fifty 
dollars  to  the  informer  for  every  illegally-imported  African  seized  within  the 
United  States,  and  half  as  much  for  those  taken  at  sea ;  with  authority  to  the 
president  to  cause  them  to  be  removed  beyond  the  limits  of  the  United  States, 
and  to  appoint  agents  on  the  coast  of  Africa  for  their  reception.  An  attempt 
was  also  made  to  punish  slave-trading  with  death,  as  had  been  contended  for 
at  the  time  of  the  original  abolition  act.  Such  a  provision  passed  the  house, 
but  was  struck  out  in  the  senate. 

In  March,  1818,  the  delegate  from  Missouri  presented  petitions  from  sundry 
inhabitants  of  that  territory,  praying  for  the  admission  of  Missouri  into  the 
Union  as  a  state.  These  petitions  were  referred  to  a  select  committee,  which 
reported  a  bill  to  authorize  the  people  of  that  territory  to  form  a  constitution 
and  state  government,  and  for  the  admission  of  such  state  into  the  Union  on 
an  equal  footing  with  the  original  states.  The  bill  was  read  the  first  and 
second  time  and  sent  to  the  committee  of  the  whole,  where  it  slept  the  remain- 


452  MISSOURI  APPLIES  FOR  ADMISSION. 

der  of  the  session.  At  the  next  session,  on  the  13th  February,  1819,  the  house 
went  into  committee  of  the  whole,  Gen.  Smith,  of  Maryland,  in  the  chair,  and 
took  up  the  Missouri  bill,  which  was  considered  through  that  sitting,  and  also 
on  Monday,  the  15th.  Gen.  Tallmadge,  of  New  York,  moved  the  following 
amendment : 

"And  provided  that  the  introduction  of  slavery,  or  involuntary  servitude,  be 
prohibited,  except  for  the  punishment  of  crimes,  whereof  the  party  has  been 
duly  convicted,  and  that  all  children  born  within  the  said  state,  after  the  ad 
mission  thereof  into  the  Union,  shall  be  declared  free  at  the  age  of  twenty-five 
years." 

Mr.  Fuller,  of  Massachusetts,  said,  that  in  the  admission  of  new  states  into 
the  Union,  he  considered  that  congress  had  a  discretionary  power.  By  the 
4th  article  and  3d  section  of  the  constitution,  congress  are  authorized  to  ad 
mit  them ;  but  nothing  in  that  section,  or  in  any  part  of  the  constitution,  en 
joins  the  admission  as  imperative,  under  any  circumstances.  If  it  were  other 
wise,  he  would  request  gentlemen  to  point  out  what  were  the  circumstances  or 
conditions  precedent,  which  being  found  to  exist,  congress  must  admit  the 
new  state.  All  discretion  would,  in  such  case,  be  taken  from  congress,  Mr. 
Fuller  said,  and  deliberation  would  be  useless.  The  honorable  speaker  (Mr. 
Clay)  has  said  that  congress  has  no  right  to  prescribe  any  condition  whatever 
to  the  newly-organized  states,  but  must  admit  them  by  a  simple  act,  leaving 
their  sovereignty  unrestricted.  [Here  the  speaker  explained — he  did  not  in 
tend  to  be  understood  in  so  broad  a  sense  as  Mr.  Fuller  stated.]  With  the 
explanation  of  the  honorable  gentleman,  Mr.  Fuller  said,  I  still  think  his 
ground  as  untenable  as  before.  We  certainly  have  a  right,  and  our  duty  to 
the  nation  requires,  that  we  should  examine  the  actual  state  of  things  in  the 
proposed  state ;  and,  above  all,  the  constitution  expressly  makes  a  REPUBLICAN 
form  of  government  in  the  several  states  a  fundamental  principle,  to  be  pre 
served  under  the  sacred  guarantee  of  the  national  legislature. — [Art.  4,  sec 
4.  ]  It  clearly,  therefore,  is  the  duty  of  congress,  before  admitting  a  new  sister 
into  the  Union,  to  ascertain  that  her  constitution  or  form  of  government  u  re 
publican.  Now,  sir,  the  amendment  proposed  by  the  gentleman  from  New 
York,  Mr.  Tallmadge,  merely  requires  that  slavery  shall  be  prohibited  in  Mis 
souri.  Does  this  imply  anything  more  than  that  its  constitution  shall  be  re 
publican  ?  The  existence  of  slavery  in  any  state  is,  so  far,  a  departure  from 
republican  principles.  The  Declaration  of  Independence,  penned  by  the  illus 
trious  statesman  then,  and  at  this  time,  a  citizen  of  a  state  which  admits  slave 
ry,  defines  the  principle  on  which  our  national  and  state  constitutions  are  all 
professedly  founded.  The  second  paragraph  of  that  instrument  begins  thus  : 
"We  hold  these  truths  to  be  self-evident — that  all  men  are  created  equal — that 
they  are  endowed  by  their  Creator  with  certain  inalienable  rights ;  that  among 
these  are  life,  LIBERTY,  and  the  pursuit  of  happiness. "  Since,  then,  it  cannot 
be  denied  that  slaves  are  men,  it  follows  that  they  are,  in  a  purely  republican 
government,  born  free,  and  are  entitled  to  liberty  and  the  pursuit  of  happi 
ness.  [Mr.  Fuller  was  here  interrupted  by  several  gentlemen,  who  thought  it 


DEBATE.  453 

improper  to  question  in  debate  the  republican  character  of  the  slaveholding 
states,  which  had  also  a  tendency,  as  one  gentleman  (Mr.  Colston,  of  Yirginia,) 
said,  to  deprive  those  states  of  the  right  to  hold  slaves  as  property,  and  he  ad 
verted  to  the  probability  that  there  might  be  slaves  in  the  gallery,  listening  to 
the  debate.]  Mr.  Fuller  assured  the  gentleman  that  nothing  was  farther  from 
his  thoughts,  than  to  question  on  that  floor,  the  right  of  Virginia  and  other 
states,  which  held  slaves  when  the  constitution  was  established,  to  continue  to 
hold  them.  With  that  subject  the  national  legislature  could  not  interfere,  and 
ought  not  to  attempt  it.  But,  Mr,  Fuller  continued,  if  gentlemen  will  be  pa 
tient,  they  will  see  that  my  remarks  will  neither  derogate  from  the  constitu 
tional  rights  of  the  states,  nor  from  a  due  respect  to  their  several  forms  of  gov 
ernment.  Sir,  it  is  my  wish  to  allay,  and  not  to  excite  local  animosities,  but 
I  shall  never  refrain  from  advancing  such  arguments  in  debate  as  my  duty  re 
quires,  nor  do  I  believe  that  the  reading  of  our  Declaration  of  Independence, 
or  a  discussion  of  republican  principles  on  any  occasion,  can  endanger  the 
rights,  or  merit  the  disapprobation  of  any  portion  of  the  Union. 

My  reason,  Mr.  Chairman,  for  recurring  to  the  Declaration  of  our  Independ 
ence,  was  to  draw  from  an  authority  admitted  in  all  parts  of  the  Union,  a 
definition  of  the  basis  of  republican  government.  If,  then,  all  men  have  equal 
rights,  it  can  no  more  comport  with  the  principles  of  a  free  government  to  ex 
clude  men  of  a  certain  color  from  the  enjoyment  of  "  liberty  and  the  pursuit  of 
happiness,"  than  to  exclude  those  who  have  not  attained  a  certain  portion  of 
wealth,  or  a  certain  stature  of  body,  or  to  found  the  exclusion  on  any  other 
capricious  or  accidental  circumstance.  Suppose  Missouri,  before  her  admission 
as  a  state,  were  to  submit  to  us  her  constitution  by  which  no  person  could  elect, 
or  be  elected  to  any  office,  unless  he  possessed  a  clear  annual  income  of  twenty 
thousand  dollars ;  and  suppose  we  had  ascertained  that  only  five,  or  a  very 
small  number  of  persons  had  such  an  estate,  would  this  be  anything  more  or 
less  than  a  real  aristocracy,  under  a  form  nominally  republican  ?  Election 
and  representation,  which  some  contend  are  the  only  essential  principles  of  re 
publics,  would  exist  only  in  name — a  shadow  without  substance,  a  body  with 
out  a  soul.  But  if  all  the  other  inhabitants  were  to  be  made  slaves,  and  mere 
property  of  the  favored  few,  the  outrage  on  principle  would  be  still  more  pal 
pable.  Yet,  sir,  it  is  demonstrable  that  the  exclusion  of  the  black  popula 
tion  from  all  political  freedom,  and  making  them  the  property  of  the  whites, 
is  an  equally  palpable  invasion  of  right,  and  abandonment  of  principle.  If 
we  do  this  in  the  admission  of  new  states,  we  violate  the  constitution,  and  we 
have  not  now  the  excuse  which  existed  when  our  national  constitution  was  es 
tablished.  Then,  to  effect  a  concert  of  interests,  it  was  proper  to  make  con 
cessions.  The  states  where  slavery  existed  not  only  claimed  the  right  to  con 
tinue  it,  but  it  was  manifest  that  a  general  emancipation  of  slaves  could  not 
be  asked  of  them.  Their  political  existence  would  have  been  in  jeopardy ; 
both  masters  and  slaves  must  have  been  involved  in  the  most  fatal  conse 
quences. 

To  guard  against  such  intolerable  evils,  it  is  provided  in  the  constitution 


454  MISSOURI  APPLIES  FOR  ADMISSION. 

"  that  the  migration  or  importation  of  such  persons,  as  any  of  the  existing 
states  think  proper  to  admit,  shall  not  be  prohibited  till  1808." — Art.  1,  sec. 
9.  And  it  is  provided  elsewhere,  that  persons  held  to  service  by  the  laws  of 
any  state,  shall  be  given  up  by  other  states,  to  which  they  may  have  escaped, 
etc. — Art.  4,  sec.  2. 

These  provisions  effectually  recognized  the  right  in  the  states,  which  at  the 
time  of  framing  the  constitution  held  the  blacks  in  slavery,  to  continue  so  to 
hold  them  until  they  should  think  proper  to  meliorate  their  condition.  The 
constitution  is  a  compact  among  all  the  states  then  existing,  by  which  certain 
principles  of  government  are  established  for  the  whole,  and  for  each  individual 
state.  The  predominant  principle  in  both  respects  is,  that  ALL  MEN  are  FREE, 
and  have  an  EQUAL  RIGHT  TO  LIBERTY,  and  all  other  privileges ;  or,  in  other 
words,  the  predominant  principle  is  REPUBLICANISM,  in  its  largest  sense.  But, 
then,  the  same  compact  contains  certain  exceptions.  The  states  then  holding 
slaves  are  permitted,  from  the  necessity  of  the  case,  and  for  the  sake  of  union, 
to  exclude  the  republican  principle  so  far,  and  only  so  far,  as  to  retain  their 
slaves  in  servitude,  and  also  their  progeny,  as  had  been  the  usage,  until  they 
think  it  proper  or  safe  to  conform  to  the  pure  principle,  by  abolishing  slavery. 
The  compact  contains  on  its  face  the  general  principle  and  the  exceptions 
But  the  attempt  to  extend  slavery  to  the  new  states,  is  in  direct  violation  of 
the  clause,  which  guarantees  a  republican  form  of  government  to  all  the  states. 
This  clause,  indeed,  must  be  construed  in  connection  with  the  exceptions  be 
fore  mentioned  ;  but  it  cannot,  without  violence,  be  applied  to  any  other  states 
than  those  in  which  slavery  was  allowed  at  the  formation  of  the  constitution. 

The  honorable  speaker  cites  the  first  clause  in  the  2d  section  of  the  4th  ar 
ticle,  "  the  citizens  of  each  state  shall  be  entitled  to  all  the  privileges  and  im 
munities  of  citizens  of  the  several  states,"  which  he  thinks  would  be  violated 
by  the  condition  proposed  in  the  constitution  of  Missouri.  To  keep  slaves,  to 
make  one  portion  of  the  population  the  property  of  another,  hardly  deserves 
to  be  called  a  privilege,  since  what  is  gained  by  the  masters  must  be  lost  by 
the  slaves.  But,  independently  of  this  consideration,  I  think  the  observations 
already  offered  to  the  committee,  showing  that  holding  the  black  population  in 
servitude  is  an  exception  to  the  general  principles  of  the  constitution,  and  can 
not  be  allowed  to  extend  beyond  the  fair  import  of  the  terms  by  which  that 
exception  is  provided,  are  a  sufficient  answer  to  the  objection.  The  gentleman 
proceeds  in  the  same  train  of  reasoning,  and  asks  if  congress  can  require  one 
condition,  how  many  more  can  be  required,  and  where  these  conditions  will 
end  ?  With  regard  to  a  republican  constitution,  congress  are  obliged  to  re 
quire  that  condition,  and  that  is  enough  for  the  present  question  ;  but  I  con 
tend,  further,  that  congress  has  a  right,  at  their  discretion,  to  require  any  other 
reasonable  condition.  Several  others  were  required  of  Ohio,  Indiana,  Illinois 
and  Mississippi.  The  state  of  Louisiana,  which  was  a  part  of  the  territory 
ceded  to  us  at  the  same  time  with  Missouri,  wasrequired  to  provide  in  her  con 
stitution  for  trials  by  jury,  the  writ  of  habeas  corpus,  the  principles  of  civil 
and  religious  liberty,  with  several  others,  peculiar  to  that  state.  These,  cer- 


MR.  FULLER.  455 

tainly,  are  none  of  them  more  indispensable  ingredients  in  a  republican  form 
of  government  than  the  equality  of  privileges  of  all  the  population  ;  yet  these 
have  not  been  denied  to  be  reasonable,  and  warranted  by  the  national  constitu 
tion  in  the  admission  of  new  states.  Nor  need  gentlemen  apprehend  that  con 
gress  will  set  no  reasonable  limits  to  the  conditions  of  admission.  In  the  ex 
ercise  of  their  constitutional  discretion  on  this  subject,  they  are,  as  in  all 
other  cases,  responsible  to  the  people.  Their  power  to  levy  direct  taxes  is  not 
limited  by  the  constitution.  They  may  lay  a  tax  of  one  million  of  dollars,  or 
of  a  hundred  millions,  without  violating  the  letter  of  the  constitution ;  but  if 
the  latter  enormous  and  unreasonable  sum  were  levied,  or  even  the  former, 
without  evident  necessity,  the  people  have  the  power  in  their  own  hands — a 
speedy  corrective  is  found  in  the  return  of  the  elections.  This  remedy  is  so 
certain,  that  the  representatives  of  the  people  can  never  lose  sight  of  it ;  and, 
consequently,  an  abuse  of  their  powers  to  any  considerable  extent  can  never  be 
apprehended.  The  same  reasoning  applies  to  the  exercise  of  all  the  powers 
entrusted  to  congress,  and  the  admission  of  new  states  into  the  Union  is  in  no 
respect  an  exception. 

One  gentleman,  however,  has  contended  against  the  amendment,  because  it 
abridges  the  rights  of  the  slaveholding  states  to  transport  their  slaves  to  the 
new  states,  for  sale  or  otherwise.  This  argument  is  attempted  to  be  enforced 
in  various  ways,  and  particularly  by  the  clause  in  the  constitution  last  cited. 
It  admits,  however,  of  a  very  clear  answer  by  recurring  to  the  9th  section  of 
article  1st,  which  provides  that  "the  migration  or  importation  of  such  persons 
as  any  of  the  states  then  existing  shall  admit,  shall  not  be  prohibited  by  con 
gress  till  1808."  This  clearly  implies  that  the  migration  and  importation 
may  be  prohibited  after  that  year.  The  importation  has  been  prohibited,  but 
the  migration  has  not  hitherto  been  restrained ;  congress,  however,  may  re 
strain  it  when  it  may  be  judged  expedient.  It  is,  indeed,  contended  by  some 
gentlemen,  that  migration  is  either  synonymous  with  importation,  or  that  it 
means  something  different  from  the  transportation  of  slaves  from  one  state  to 
another.  It  certainly  is  not  synonymous  with  importation,  and  would  not 
have  been  used  had  it  been  so.  It  cannot  mean  exportation,  which  is  also  a 
definite  and  precise  term.  It  cannot  mean  the  reception  of  free  blacks  from 
foreign  countries,  as  is  alleged  by  some,  because  no  possible  reason  existed  for 
regulating  their  admission  by  the  constitution ;  no  free  blacks  ever  came  from 
Africa,  or  any  other  country  to  this;  and  to  introduce  the  provision  by 
the  side  of  that  for  the  importation  of  slaves,  would  have  been  absurd  in  the 
highest  degree.  What  alternative  remains  but  to  apply  the  term  "  migration" 
to  the  transportation  of  slaves  from  those  states  where  they  are  admitted  to  be 
held,  to  other  states?  Such  a  provision  might  have  in  view  a  very  natural  ob 
ject.  The  price  of  slaves  might  be  affected  so  far  by  a  sudden  prohibition  to 
transport  slaves  from  state  to  state,  that  it  was  as  reasonable  to  guard  against 
that  inconvenience  as  against  the  sudden  interdiction  of  the  importation. 
Hitherto  it  has  not  been  found  necessary  for  congress  to  prohibit  migration  or 
transportation  from  state  to  state.  But  now  it  becomes  the  right  and  duty  of 


456  MISSOURI  APPLIES  FOR  ADMISSION. 

congress  to  guard  against  the  further  extension  of  the  intolerable  evil  and  the 
crying  enormity  of  slavery. 

The  expediency  of  this  measure  is  very  apparent.  The  opening  of  an  ex 
tensive  slave  market  will  tempt  the  cupidity  of  those  who,  otherwise,  perhaps, 
might  gradually  emancipate  their  slaves.  We  have  heard  much,  Mr.  Chairman, 
of  the  colonization  society  ;  an  institution  which  is  the  favorite  of  the  humane 
gentlemen  in  the  slaveholding  states.  They  have  long  been  lamenting  the 
miseries  of  slavery,  and  earnestly  seeking  for  a  remedy  compatible  with  their 
own  safety  and  the  happiness  of  their  slaves.  At  last  the  great  desideratum 
is  found — a  colony  in  Africa  for  the  emancipated  blacks.  How  will  the  gen 
erous  intentions  of  these  humane  persons  be  frustrated  if  the  price  of  slaves  is 
to  be  doubled  by  a  new  and  boundless  market  ?  Instead  of  emancipation  of 
the  slaves,  it  is  much  to  be  feared  that  unprincipled  wretches  will  be  found  kid 
napping  those  who  are  already  free,  and  transporting  and  selling  the  hapless 
victims  into  hopeless  bondage.  Sir,  I  really  hope  that  congress  will  not  con 
tribute  to  discountenance  and  render  abortive  the  generous  and  philanthropic 
views  of  this  most  worthy  and  laudable  society.  Rather  let  us  hope  that 
the  time  is  not  very  remote,  when  the  shores  of  Africa,  which  have  so  long 
been  a  scene  of  barbarous  rapacity  and  savage  cruelty,  shall  exhibit  a  race  of 
free  and  enlightened  people — the  offspring,  indeed,  of  cannibals  or  slaves ;  but 
displaying  the  virtues  of  civilization  and  the  energies  of  independent  freemen. 
America  may  then  hope  to  see  the  development  of  a  germ,  now  scarcely  visi 
ble,  cherished  and  matured  under  the  genial  warmth  of  our  country's  protec 
tion,  till  the  fruit  shall  appear  in  the  regeneration  and  happiness  of  a  boundless 
continent. 

One  argument  still  remains  to  be  noticed.  It  is  said  that  we  are  bound,  by 
the  treaty  of  cession  with  France,  to  admit  the  ceded  territory  into  the  Union 
"as  soon  as  possible."  It  is  obvious  that  the  president  and  the  senate,  the 
treaty-making  power,  cannot  make  a  stipulation  with  any  foreign  nation  in 
derogation  of  the  constitutional  powers  and  duties  of  this  house,  by  making  it 
imperative  on  us  to  admit  the  new  territory  according  to  the  literal  tenor  of 
the  phrase ;  but  the  additional  words  in  the  treaty,  "  according  to  the  princi 
ples  of  the  constitution,"  put  it  beyond  all  doubt  that  no  such  compulsory 
admission  was  intended,  and  that  the  republican  principles  of  our  constitution 
are  to  govern  us  in  the  admission  of  this,  as  well  as  all  the  new  states  in  the 
national  family. 

Mr.  Tallmadge,  of  New  York,  rose  :  Sir,  said  he,  it  has  been  my  desire  and 
my  intention  to  avoid  any  debate  on  the  present  painful  and  unpleasant  subject. 
When  I  had  the  honor  to  submit  to  this  house  the  amendment  now  under  con 
sideration,  I  accompanied  it  with  a  declaration  that  it  was  intended  to  confine 
its  operation  to  the  newly  acquired  territory  across  the  Mississippi ;  and  I 
then  expressly  declared  that  I  would  in  no  manner  intermeddle  with  the  slave- 
holding  states,  nor  attempt  manumission  in  any  one  of  the  original  states  in 
the  Union.  Sir,  I  even  went  further,  and  stated  that  I  was  aware  of  the  deli 
cacy  of  the  subject,  and  that  I  had  learned  from  southern  gentlemen  the  diffi- 


MR.  TALLMADGE.  457 

culties  and  the  dangers  of  having  free  blacks  intermingling  with  slaves ;  and, 
on  that  account,  and  with  a  view  to  the  safety  of  the  white  population  of  the 
adjoining  states,  I  would  not  even  advocate  the  prohibition  of  slavery  in  the 
Alabama  territory;  because,  surrounded  as  it  was  by  slaveholding  states,  and 
with  only  imaginary  lines  of  division,  the  intercourse  between  slaves  and  free 
blacks  could  not  be  prevented,  and  a  servile  war  might  be  the  result.  While 
we  deprecate  and  mourn  over  the  evils  of  slavery,  humanity  and  good  morals 
require  us  to  wish  its  abolition,  under  circumstances  consistent  with  the  safety 
of  the  white  population.  Willingly,  therefore,  will  I  submit  to  an  evil  which 
we  cannot  safely  remedy.  I  admitted  all  that  had  been  said  of  the  danger  of 
having  free  blacks  visible  to  slaves,  and  therefore  did  not  hesitate  to  pledge 
myself  that  I  would  neither  advise  nor  attempt  coercive  manumission.  But, 
sir,  all  these  reasons  cease  when  we  cross  the  banks  of  the  Mississippi,  into  a 
territory  separated  by  a  natural  boundary — a  newly  acquired  territory,  never 
contemplated  in  the  formation  of  our  government,  not  included  within  the 
compromise  or  mutual  pledge  in  the  adoption  of  our  constitution — a  new  ter 
ritory  acquired  by  our  common  fund,  and  ought  justly  to  be  subject  to  our 
common  legislation. 

Sir,  when  I  submitted  the  amendment  now  under  consideration,  accompanied 
with  these  explanations,  and  with  these  avowals  of  my  intentions  and  of  my 
motives,  I  did  expect  that  gentlemen  who  might  differ  from  me  in  opinion 
would  appreciate  the  liberality  of  my  views,  and  would  meet  me  with  modera 
tion,  as  upon  a  fair  subject  for  general  legislation.  I  did  expect,  at  least,  that 
the  frank  declaration  of  my  views  would  protect  me  from  harsh  expressions, 
and  from  the  unfriendly  imputations  which  have  been  cast  out  on  this  occasion. 
But,  sir,  such  has  been  the  character  and  the  violence  of  this  debate,  and  ex 
pressions  of  so  much  intemperance  and  of  an  aspect  so  threatening  have  been 
used,  that  continued  silence  on  my  part  would  ill  become  me  who  had  submit 
ted  to  this  house  the  original  proposition.  While  this  subject  was  under  de 
bate  before  the  committee  of  the  whole,  I.  did  not  take  the  floor,  and  I  avail 
myself  of  this  occasion  to  acknowledge  my  obligations  to  my  friends  (Mr. 
Taylor  and  Mr.  Mills)  for  the  manner  in  which  they  supported  my  amendment, 
at  a  time  when  I  was  unable  to  partake  of  the  debate.  I  had  only  on  that 
day  returned  from  a  journey,  long  in  extent  and  painful  in  its  occasion ;  and 
from  an  affection  of  my  breast  I  could  not  then  speak.  I  cannot  yet  hope  to 
do  justice  to  the  subject ;  but  I  do  hope  to  say  enough  to  assure  my  friends 
that  I  have  not  left  them  in  the  controversy,  and  to  convince  the  opponents  of 
the  measure  that  their  violence  has  not  driven  me  from  the  debate. 

Sir,  the  hon.  gentleman  from  Missouri,  (Mr.  Scott,)  who  has  just  resumed 
his  seat,  has  told  us  of  the  ides  of  March,  and  has  cautioned  us  to  "  beware  of 
the  fate  of  Caesar  and  of  Rome."  Another  gentleman,  (Mr.  Cobb,)  from 
Georgia,  in  addition  to  other  expressions  of  great  warmth,  has  said  that  if  we 
persist,  the  Union  will  be  dissolved ;  and  with  a  look  fixed  on  me,  has  told  us, 
"  we  have  kindled  a  fire  which  all  the  waters  of  the  ocean  cannot  put  out, 
which  seas  of  blood  can  only  extinguish." 


458  MISSOURI  APPLIES  FOR  ADMISSION. 

Language  of  this  sort  has  no  effect  on  me  ;  my  purpose  is  fixed,  it  is  inter 
woven  with  my  existence ;  its  durability  is  limited  with  my  life  ;  it  is  a  great 
and  glorious  cause,  setting  bounds  to  a  slavery  the  most  cruel  and  debasing 
the  world  has  ever  witnessed ;  it  is  the  freedom  of  man ;  it  is  the  cause  of  un 
redeemed  and  unregenerated  human  beings. 

If  a  dissolution  of  the  Union  must  take  place,  let  it  be  so  !  If  a  civil  war, 
which  gentlemen  so  much  threaten,  must  come,  I  can  only  say,  let  it  come ! 
My  hold  on  life  is  probably  as  frail  as  that  of  any  man  who  now  hears  me  ; 
but  while  that  hold  lasts,  it  shall  be  devoted  to  the  service  of  my  country — to 
the  freedom  of  man.  If  blood  is  necessary  to  extinguish  any  fire  which  I  have 
assisted  to  kindle,  I  can  assure  gentlemen,  while  I  regret  the  necessity,  I  shall 
not  forbear  to  contribute  my  mite.  Sir,  the  violence  to  which  gentlemen  have 
resorted  on  this  subject  will  not  move  my  purpose,  nor  drive  me  from  my  place. 
I  have  the  fortune  and  the  honor  to  stand  here  as  the  representative  of  free 
men,  who  possess  intelligence  to  know  their  rights — who  have  the  spirit  to 
maintain  them.  Whatever  might  be  my  own  private  sentiments  on  this  sub 
ject,  standing  here  as  the  representative  of  others,  no  choice  is  left  me.  I 
know  the  will  of  my  constituents,  and,  regardless  of  consequences,  I  will  avow 
it — as  their  representative,  I  will  proclaim  their  hatred  to  slavery  in  every 
shape — as  their  representative,  here  will  I  hold  my  stand,  till  this  floor,  with 
the  constitution  of  my  country  which  supports  it,  shall  sink  beneath  me — if  I 
am  doomed  to  fall,  I  shall,  at  least,  have  the  painful  consolation  to  believe  that 
I  fall,  as  a  fragment,  in  the  ruins  of  my  country. 

Sir,  the  gentleman  from  Virginia  (Mr.  Colston)  has  accused  my  honorable 
friend  from  New  Hampshire  (Mr.  Livermore)  of  "  speaking  to  the  galleries," 
and  by  his  "  language  endeavoring  to  excite  a  servile  war ;  "  and  has  ended 
by  saying,  "  he  is  no  better  than  Arbuthnot  and  Ambrister,  and  deserves  no 
better  fate. "  When  I  hear  such  language  uttered  upon  this  floor,  and  within 
this  house,  I  am  constrained  to  consider  it  as  hasty  and  unintended  language, 
resulting  from  the  vehemence  of  debate,  and  not  really  intending  the  personal 
indecorum  the  expression  would  seem  to  indicate.  [Mr.  Colston  asked  to  ex 
plain,  and  said  he  had  not  distinctly  understood  Mr.  T.  Mr.  Livermore  called 
on  Mr.  C.  to  state  the  expressions  he  had  used.  Mr.  C.  then  said  he  had  no 
explanation  to  give.]  Mr.  T.  said  he  had  none  to  ask — he  continued  to  say, 
he  would  not  believe  any  gentleman  on  this  floor  would  commit  so  great  an 
indecorutn  against  any  member,  or  against  the  dignity  of  this  house,  as  to  use 
such  expressions,  really  intending  the  meaning  which  the  words  seem  to  import, 
and  which  had  been  uttered  against  the  gentleman  from  New  Hampshire. 
[Mr.  Nelson,  of  Yirginia,  in  the  chair,  called  to  order,  and  said  no  personal 
remarks  would  be  allowed.]  Mr.  T.  said  he  rejoiced  the  chair  was  at  length 
aroused  to  a  sense  of  its  duties.  The  debate  had,  for  several  days,  progressed 
with  unequaled  violence,  and  all  was  in  order ;  but  now,  when  at  length  this 
violence  on  one  side  is  to  be  resisted,  the  chair  discovered  it  is  out  of  order. 
I  rejoice,  said  Mr.  T  ,  at  the  discovery,  I  approve  of  the  admonition,  while  I 
am  proud  to  say  it  has  no  relevancy  to  me.  It  is  my  boast  that  I  have  never 


MR.  TALLMADGE.  459 

uttered  an  unfriendly  personal  remark  on  this  floor ;  but  I  wish  it  distinctly 
understood,  that  the  immutable  laws  of  self-defense  will  justify  going  to  great 
lengths,  and  that,  in  the  future  progress  of  this  debate,  the  rights  of  defense 
would  be  regarded. 

Sir,  has  it  already  come  to  this,  that  in  the  congress  of  the  United  States — 
that,  in  the  legislative  councils  of  republican  America,  the  subject  of  slavery 
has  become  a  subject  of  so  much  feeling,  of  such  delicacy,  of  such  danger, 
that  it  cannot  safely  be  discussed  ?  Are  members  who  venture  to  express  their 
sentiments  on  this  subject  to  be  accused  of  talking  to  the  galleries,  with  inten 
tion  to  excite  a  servile  war ;  and  of  meriting  the  fate  of  Arbuthnot  and  Am- 
brister  ?  Are  we  to  be  told  of  the  dissolution  of  the  Union,  of  civil  war,  and 
seas  of  blood  ?  And  yet,  with  such  awful  threatenings  before  us,  do  gentlemen 
in  the  same  breath  insist  upon  the  encouragement  of  this  evil — upon  the  ex 
tension  of  this  monstrous  scourge  of  the  human  race  ?  An  evil  so  fraught 
with  such  dire  calamities  to  us  as  individuals,  and  to  our  nation,  and  threaten 
ing,  in  its  progress,  to  overwhelm  the  civil  and  religious  institutions  of  the 
country,  with  the  liberties  of  the  nation,  ought  at  once  to  be  met,  and  to  be 
controlled.  If  its  power,  its  influence,  and  its  impending  dangers  have  already 
arrived  at  such  a  point  that  it  is  not  safe  to  discuss  it  on  this  floor,  and  it  can 
not  now  pass  under  consideration  as  a  proper  subject  for  general  legislation, 
what  will  be  the  result  when  it  has  spread  through  your  widely-extended  domain? 
Its  present  threatening  aspect,  and  the  violence  of  its  supporters,  so  far  from 
inducing  me  to  yield  to  its  progress,  prompt  me  to  resist  its  march.  Now  is 
the  time.  It  must  now  be  met,  and  the  extension  of  the  evil  must  now  be 
prevented,  or  the  occasion  is  irrecoverably  lost,  and  the  evil  can  never  be  con 
trolled. 

Sir,  extend  your  view  across  the  Mississippi,  over  your  newly-acquired  ter 
ritory — a  territory  so  far  surpassing,  in  extent,  the  limits  of  your  present  coun 
try,  that  that  country  which  gave  birth  to  your  nation,  which  achieved  your 
revolution,  consolidated  your  Union,  formed  your  constitution,  and  has  subse 
quently  acquired  so  much  glory,  hangs  but  as  an  appendage  to  the  extended 
empire  over  which  your  republican  government  is  now  called  to  bear  sway. 
Look  down  the  long  vista  of  futurity;  see  your  empire,  in  extent  unequaled, 
in  advantageous  situation  without  a  parallel,  and  occupying  all  the  valuable 
part  of  one  continent.  Behold  this  extended  empire,  inhabited  by  the  hardy 
sons  of  American  freemen,  knowing  their  rights,  and  inheriting  the  will  to  pro 
tect  them — owners  of  the  soil  on  which  they  live,  and  interested  in  the  institu 
tions  which  they  labor  to  defend ;  with  two  oceans  laving  your  shores,  and 
tributary  to  your  purposes,  bearing  on  their  bosoms  the  commerce  of  our  peo 
ple  ;  compared  to  yours,  the  governments  of  Europe  dwindle  into  insignifi 
cance,  and  the  whole  world  is  without  a  parallel.  But,  sir,  reverse  this  scene ; 
people  this  fair  domain  with  the  slaves  of  your  planters ;  extend  slavery,  this 
bane  of  man,  this  abomination  of  heaven,  over  your  extended  empire,  and  you 
prepare  its  dissolution ;  you  turn  its  accumulated  strength  into  positive  weak 
ness  ;  you  cherish  a  canker  in  your  breast ;  you  put  poison  in  your  bosom ;  you 
30 


4 GO  MISSOURI  APPLIES  FOR  ADMISSION. 

place  a  vulture  preying  on  your  heart — nay,  you  whet  the  dagger  and  place  it 
in  the  hands  of  a  portion  of  your  population,  stimulated  to  use  it  by  every  tie, 
human  and  divine.  The  envious  contrast  between  your  happiness  and  their 
misery,  between  your  liberty  and  their  slavery,  must  constantly  prompt  them 
to  accomplish  your  destruction.  Your  enemies  will  learn  the  source  and  the 
cause  of  your  weakness.  As  often  as  external  dangers  shall  threaten,  or  inter 
nal  commotions  await  you,  you  will  then  realize,  that  by  your  own  procure 
ment,  you  have  placed  amidst  your  families,  and  in  the  bosom  of  your  country, 
a  population  producing  at  once  the  greatest  cause  of  individual  danger,  and  of 
national  weakness.  With  this  defect,  your  government  must  crumble  to  pieces, 
and  your  people  become  the  scoff  of  the  world. 

Sir,  we  have  been  told,  with  apparent  confidence,  that  we  have  no  right  to 
annex  conditions  to  a  state,  on  its  admission  into  the  Union ;  and  it  has  been 
urged  that  the  proposed  amendment,  prohibiting  the  further  introduction  of 
slavery,  is  unconstitutional.  This  position,  asserted  with  so  much  confidence, 
remains  unsupported  by  any  argument,  or  by  any  authority  derived  from  the 
constitution  itself.  The  constitution  strongly  indicates  an  opposite  conclusion, 
and  seems  to  contemplate  a  difference  between  the  old  and  the  new  states. 
The  practice  of  the  government  has  sanctioned  this  difference  in  many  respects. 

The  third  section  of  the  fourth  article  of  the  constitution  says,  "  new  states 
may  be  admitted  by  the  congress  into  this  Union,"  and  it  is  silent  as  to  the 
terms  and  conditions  upon  which  the  new  states  may  be  so  admitted.  The  fair 
inference  from  this  is,  that  the  congress  which  might  admit,  should  prescribe 
the  time  and  the  terms  of  such  admission.  The  tenth  section  of  the  first  arti 
cle  of  the  constitution  says,  "the  migration  or  importation  of  such  persons 
as  any  of  the  states  NOW  EXISTING  shall  think  proper  to  admit,  shall  not  be 
prohibited  by  the  congress  prior  to  the  year  1808."  The  words  "now  exist 
ing  "  clearly  show  the  distinction  for  which  we  contend.  The  word  slave  is 
no  where  mentioned  in  the  constitution  ;  but  this  section  has  always  been  con 
sidered  as  applicable  to  them,  and  unquestionably  reserved  the  right  to  prevent 
their  importation  into  any  new  state  before  the  year  1808. 
"  Congress,  therefore,  have  power  over  the  subject,  probably  as  a  matter  of 
legislation,  but  more  certainly  as  a  right,  to  prescribe  the  time  and  the  condi 
tion  upon  which  any  new  state  may  be  admitted  into  the  family  of  the  Union. 
Sir,  the  bill  now  before  us  proves  the  correctness  of  my  argument.  It  is  filled 
with  conditions  and  limitations.  The  territory  is  required  to  take  a  census, 
and  is  to  be  admitted  only  on  condition  that  it  have  40,000  inhabitants.  I  have 
already  submitted  amendments  preventing  the  state  from  taxing  the  lands  of 
the  United  States,  and  declaring  that  all  navigable  waters  shall  remain  open 
to  the  other  states,  and  be  exempt  from  any  tolls  or  duties.  And  my  friend 
(Mr.  Taylor)  has  also  submitted  amendments  prohibiting  the  state  from  taxing 
soldiers'  lands  for  the  period  of  fire  years.  And  to  all  these  amendments  we 
have  heard  no  objection — they  have  passed  unanimously.  But  now,  when  an 
amendment  prohibiting  the  further  introduction  of  slavery  is  proposed,  the 
whole  house  is  put  in  agitation,  and  we  are  confidently  told  it  is  unconstitu- 


MR.  TALLMADGE.  461 

tjoual  to  annex  conditions  to  the  admission  of  a  new  state  into  the  union.  The 
result  of  all  this  is,  that  all  amendments  and  conditions  are  proper,  which  suit 
a  certain  class  of  gentlemen,  but  whatever  amendment  is  proposed,  which  does 
not  comport  with  their  interests  or  their  views,  is  unconstitutional,  and  a  fla 
grant  violation  of  this  sacred  charter  of  our  rights.  In  order  to  be  consistent, 
gentlemen  must  go  back  and  strike  out  the  various  amendments  to  which  they 
have  already  agreed.  The  constitution  applies  equally  to  all,  or  to  none. 

Sir,  we  have  been  told  that  this  is  a  new  principle  for  which  we  contend, 
never  before  adopted,  or  thought  of.  So  far  from  this  being  correct,  it  is  due 
to  the  memory  of  our  ancestors  to  say,  it  is  an  old  principle,  adopted  by  them 
as  the  policy  of  our  country.  Whenever  the  United  States  have  had  the  right 
and  the  power,  they  have  heretofore  prevented  the  extension  of  slavery.  The 
states  of  Kentucky  and  Tennessee  were  taken  off  from  other  states,  and  were 
admitted  into  the  Union  without  condition,  because  their  lands  were  never 
owned  by  the  United  States.  The  territory  northwest  of  the  Ohio  is  all  the 
land  which  ever  belonged  to  them.  Shortly  after  the  cession  of  those  lands  to 
the  Union,  congress  passed,  in  178*7,  a  compact,  which  was  declared  to  be  un 
alterable,  the  sixth  article  of  which  provides  that  "there  shall  be  neither 
slavery  nor  involuntary  servitude  in  the  said  territory,  otherwise  than  in 
the  punishment  for  crimes,  whereof  the  parties  shall  have  been  duly  con 
victed.  "  In  pursuance  of  this  compact,  all  the  states  formed  from  that  territory 
have  been  admitted  into  the  Union  upon  various  conditions,  and,  amongst 
which,  the  sixth  article  of  this  compact  is  included  as  one. 

Let  gentlemen  also  advert  to  the  law  for  the  admission  of  the  state  of  Louisi 
ana  into  the  Union ;  they  will  find  it  filled  with  conditions.  It  was  required 
not  only  to  form  a  constitution  upon  the  principles  of  a  republican  government, 
but  it  was  required  to  contain  the  "fundamental  principles  of  civil  and  religious 
liberty."  It  was  even  required,  as  a  condition  of  its  admission,  to  keep  its 
records,  and  its  judicial  and  its  legislative  proceedings  in  the  English  language ; 
and  also  to  secure  the  trial  by  jury,  and  to  surrender  all  claim  to  unappropri 
ated  lands  in  the  territory,  with  the  prohibition  to  tax  any  of  the  United  States' 
lands. 

After  this  long  practice  and  constant  usage  to  annex  conditions  to  the  admis 
sion  of  a  state  into  the  Union,  will  gentlemen  yet  tell  us  it  is  unconstitutional, 
and  talk  of  our  principles  being  novel  and  extraordinary  ?  It  has  been  said 
that  if  this  amendment  prevails,  we  shall  have  a  union  of  states  possessing 
unequal  rights.  And  we  have  been  asked,  whether  we  wished  to  see  such  a 
"checkered  union?"  Sir,  we  have  such  a  union  already.  If  the  prohibition 
of  slavery  is  a  denial  of  a  right,  and  constitutes  a  checkered  union,  gladly 
would  I  behold  such  rights  denied,  and  such  a  checker  spread  over  every  state 
in  the  Union.  It  is  now  spread  over  the  states  northwest  of  the  Ohio,  and 
forms  the  glory  and  the  strength  of  those  states.  I  hope  it  will  be  extended 
from  the  Mississippi  to  the  Pacific  ocean. 

Sir,  we  have  been  told  that  the  proposed  amendment  cannot  be  received, 
because  it  is  contrary  to  the  treaty  and  cession  of  Louisiana.  "  Article  3  The 


462  MISSOURI  APPLIES  FOR  ADMISSION. 

inhabitants  of  the  ceded  territory  shall  be  incorporated  in  the  Union  of  the 
United  States,  and  admitted  as  soon  as  possible,  according  to  the  principles  of 
the  federal  constitution,  to  the  enjoyment  of  all  the  rights,  advantages  and  im 
munities  of  citizens  of  the  United  States,  and  in  the  mean  time  they  shall  be 
maintained  and  protected  in  the  free  enjoyment  of  their  liberty,  their  property, 
and  the  religion  which  they  profess."  I  find  nothing,  said  Mr.  T.,  in  this  ar 
ticle  of  the  treaty  incompatible  with  the  proposed  amendment.  The  rights, 
advantages,  and  immunities  of  citizens  of  the  United  States  are  guaranteed  to 
the  inhabitants  of  Louisiana.  If  one  of  them  should  choose  to  remove  into 
Virginia,  he  could  take  his  slaves  with  him  ;  but  if  he  removes  to  Indiana,  or 
any  of  the  states  northwest  of  the  Ohio,  he  cannot  take  his  slaves  with  him. 
If  the  proposed  amendment  prevail,  the  inhabitants  of  Louisiana,  or  the  citi 
zens  of  the  United  States,  can  neither  of  them  take  slaves  into  the  state  of 
Missouri.  All,  therefore,  may  enjoy  equal  privileges.  It  is  a  disability,  or 
what  I  call  a  blessing,  annexed  to  the  particular  district  of  country,  and  in  no 
manner  attached  to  the  individual.  But,  while  I  have  no  doubt  that  the  treaty 
contains  no  solid  objection  against  the  proposed  amendment,  if  it  did,  it  would 
not  alter  my  determination  on  the  subject.  The  senate,  or  the  treaty-making 
power  of  our  government,  have  neither  the  right  nor  the  power  to  stipulate 
by  a  treaty,  the  terms  upon  which  a  people  shall  be  admitted  into  the  Union. 
This  house  have  a  right  to  be  heard  on  the  subject.  The  admission  of  a  state 
into  the  Union  is  a  legislative  act,  which  requires  the  concurrence  of  all  the 
departments  of  legislative  power.  It  is  an  important  prerogative  of  this  house, 
which  I  hope  will  never  be  surrendered.  , 

The  zeal  and  the  ardor  of  gentlemen,  in  the  course  of  this  debate,  have  in 
duced  them  to  announce  to  this  house,  that,  if  we  persist  and  force  the  state  of 
Missouri  to  accede  to  the  proposed  amendment,  as  the  condition  of  her  admis 
sion  into  the  Union,  she  will  not  regard  it,  and,  as  soon  as  admitted,  will  alter 
her  constitution,  and  introduce  slavery  into  her  territory.  Sir,  I  am  not  pre 
pared,  nor  is  it  necessary,  to  determine  what  would  be  the  consequence  of  such 
a  violation  of  faith — of  such  a  departure  from  the  fundamental  condition  of 
her  admission  into  the  Union.  I  would  not  cast  upon  a  people  so  foul  an  im 
putation,  as  to  believe  they  would  be  guilty  of  such  fraudulent  duplicity.  The 
states  northwest  of  the  Ohio  have  all  regarded  the  faith  and  the  conditions  of 
their  admission ;  and  there  is  no  reason  to  believe  the  people  of  Missouri  will 
not  also  regard  theirs.  But,  sir,  whenever  a  state  admitted  into  the  Union 
shall  disregard  and  set  at  naught  the  fundamental  conditions  of  its  admission, 
and  shall,  in  violation  of  all  faith,  undertake  to  levy  a  tax  upon  lands  of  the 
United  States,  or  a  toll  upon  their  navigable  waters,  or  introduce  slavery, 
where  congress  have  prohibited  it,  then  it  will  be  in  time  to  determine  the  con 
sequence.  But,  if  the  threatened  consequence  were  known  to  be  the  certain 
result,  yet  would  I  insist  upon  the  proposed  amendment.  The  declaration  of 
this  house,  the  declared  will  of  the  nation  to  prohibit  slavery  would  produce 
its  moral  effect,  and  stand  as  one  of  the  brightest  ornaments  of  our  country. 

Sir,  it  has  been  urged  with  great  plausibility,  that  we  should  spread  the  slaves 


MR.  TALLMADGE.  463 

now  in  our  country,  and  thus  spread  the  evil,  rather  than  confine  it  to  its  pres 
ent  districts.  It  has  been  said  we  should  thereby  dimmish  the  dangers  from 
them,  while  we  increase  the  means  of  their  living,  and  augment  their  comforts. 
But,  you  may  rest  assured,  that  this  reasoning  is  fallacious,  and  that,  while 
slavery  is  admitted,  the  market  will  be  supplied.  Our  coast,  and  its  contiguity 
to  the  West  Indies  and  the  Spanish  possessions,  render  easy  the  introduction 
of  slaves  into  our  country.  Our  laws  are  already  highly  penal  against  their 
introduction,  and  yet  it  is  a  well-known  fact,  that  about  fourteen  thousand 
slaves  have  been  brought  into  our  country  this  last  year. 

Since  we  have  been  engaged  in  this  debate,  we  have  witnessed  an  elucidation 
of  this  argument,  of  bettering  the  condition  of  slaves,  by  spreading  them  over 
the  country.  A  slave-driver,  a  trafficker  in  human  flesh,  as  if  sent  by  provi 
dence,  has  passed  the  door  of  your  capitol,  on  his  way  to  the  west,  driving 
before  him  about  fifteen  of  these  wretched  victims  of  his  power,  collected  in 
the  course  of  his  traffic,  and  by  their  removal,  torn  from  every  relation  and 
from  every  tie  which  the  human  heart  can  hold  dear.  The  males,  who  might 
raise  the  arm  of  vengeance,  and  retaliate  for  their  wrongs,  were  hand-cuffed 
and  chained  to  each  other,  while  the  females  and  children  were  marched  in 
their  rear,  under  the  guidance  of  the  driver's  whip  I  Yes,  sir,  such  has  been 
the  scene  witnessed  from  the  windows  of  congress  hall,  and  viewed  by  members 
who  compose  the  legislative  councils  of  republican  America  ! 

In  the  course  of  the  debate  on  this  subject,  we  have  been  told  that,  from  the 
long  habit  of  the  southern  and  western  people,  the  possession  of  slaves  has  be 
come  necessary  to  them,  and  an  essential  requisite  in  their  living.  It  has  been 
urged,  from  the  nature  of  the  climate  and  soil  of  the  southern  countries,  that 
the  lands  cannot  be  occupied  or  cultivated  without  slaves.  It  has  been  said 
that  the  slaves  prosper  in  those  places,  and  that  they  are  much  better  off  there 
than  in  their  own  native  country.  We  have  ever  been  told  that  if  we  succeed 
and  prevent  slavery  across  the  Mississippi,  we  shall  greatly  lessen  the  value  of 
property  there,  and  shall  retard,  for  a  long  serie^  of  years,  the  settlement  of 
that  country. 

Sir,  said  Mr.  T.,  if  the  western  country  cannot  be  settled  without  slaves, 
gladly  would  I  prevent  its  settlement  till  time  shall  be  no  more.  If  this  class 
of  arguments  is  to  prevail,  it  sets  all  morals  at  defiance,  and  we  are  called  to 
legislate  on  this  subject  as  a  matter  of  mere  personal  interest.  If  this  is  to 
be  the  case,  repeal  all  your  laws  prohibiting  the  slave-trade  ;  throw  open  this 
traffic  to  the  commercial  states  of  the  east ;  and  if  it  better  the  condition  of 
these  wretched  beings,  invite  the  dark  population  of  benighted  Africa  to  be 
transplanted  to  the  shores  of  republican  America.  But  I  will  not  cast  upon 
this  or  upon  that  gentleman  an  imputation  so  ungracious  as  the  conclusion  to 
which  their  arguments  would  necessarily  tend.  I  do  not  believe  any  gentleman 
on  this  floor  would  here  advocate  the  slave-trade,  or  maintain  in  the  abstract 
the  principles  of  slavery.  I  will  not  outrage  the  decorum,  nor  insult  the  dig 
nity  of  this  house,  by  attempting  to  argue  in  this  place,  as  an  abstract  propo 
sition,  the  moral  right  of  slavery.  How  gladly  would  the  "legitimates  of 


464  MISSOURI  APPLIES  FOB  ADMISSION. 

Europe  chuckle,"  to  find  an  American  congress  in  debate  on  such  a  question  ! 
As  an  evil  brought  upon  us  without  our  own  fault,  before  the  formation  of 
our  government,  and  as  one  of  the  sins  of  that  nation  from  which  we  have 
revolted,  we  must,  of  necessity,  legislate  upon  this  subject.  It  is  our  business 
so  to  legislate  as  never  to  encourage,  but  always  to  control  this  evil ;  and, 
while  we  strive  to  eradicate  it,  we  ought  to  fix  its  limits,  and  render  it  subor 
dinate  to  the  safety  of  the  white  population,  and  the  good  order  of  civil  society 

Sir,  on  this  subject  the  eyes  of  Europe  are  turned  upon  you.  You  boast  of 
the  freedom  of  your  constitution  and  your  laws  ;  you  have  proclaimed,  in  the 
Declaration  of  Independence,  "  that  all  men  are  created  equal;  that  they  are 
endowed  by  their  Creator  with  certain  inalienable  rights — that  amongst 
these  are  life,  liberty,  and  the  pursuit  of  happiness;"  and  yet  you  have 
slaves  in  your  country.  The  enemies  of  your  government,  and  the  legitimates 
of  Europe,  point  to  your  inconsistencies,  and  blazon  your  supposed  defects. 
If  you  allow  slavery  to  pass  into  territories  where  you  have  the  lawful 
power  to  exclude  it,  you  will  justly  take  upon  yourself  all  the  charges  of  in 
consistency  ;  but  confine  it  to  the  original  slaveholdiug  states,  where  you  found 
it  at  the  formation  of  your  government,  and  you  stand  acquitted  of  all  imputa 
tion. 

This  is  a  subject  upon  which  I  have  great  feeling  for  the  honor  of  my  coun 
try.  In  a  former  debate  upon  the  Illinois  constitution,  I  mentioned  that  our 
enemies  had  drawn  a  picture  of  our  country,  as  holding  in  one  hand  the  Decla 
ration  of  Independence,  and  with  the  other  brandishing  a  whip  over  our  af 
frighted  slaves.  I  then  made  it  my  boast  that  we  could  cast  back  upon  Eng 
land  the  accusation — that  she  had  committed  the  original  sin  of  bringing  slaves 
into  our  country.  I  have  since  received,  through  the  post-office,  a  letter  post 
marked  in  South  Carolina,  and  signed  "A  native  of  England,"  desiring  that, 
when  I  had  occasion  to  repeat  my  boast  against  England,  I  would  also  state 
that  she  had  atoned  for  her  original  sin  by  establishing  in  her  slave-colonies  a 
system  of  humane  laws,  meliorating  their  condition,  and  providing  for  their 
safety,  while  America  had  committed  the  secondary  sin  of  disregarding  their 
condition,  and  had  even  provided  laws  by  which  it  was  not  murder  to  kill  a 
slave.  Sir,  I  felt  the  severity  of  the  reproof ;  I  felt  for  my  country.  I  have 
inquired  on  the  subject,  and  I  find  such  were  formerly  the  laws  in  some  of  the 
slaveholding  states  ;  and  that  even  now,  in  the  state  of  South  Carolina,  by  law, 
the  penalty  of  death  is  provided  for  stealing  a  slave,  while  the  murder  of  a 
slave  is  punished  with  a  trivial  fine.  Such  is  the  contrast  and  the  relative  value 
which  is  placed,  in  the  opinion  of  a  slaveholding  state,  between  the  property 
of  the  master  and  the  life  of  a  slave. 

Sir,  gentlemen  have  undertaken  to  criminate,  and  to  draw  odious  contrasts 
between  different  sections  of  our  country — I  shall  not  combat  such  arguments ; 
I  have  made  no  pretense  to  exclusive  morality  on  this  subject,  either  for  myself 
or  my  constituents  ;  nor  have  I  cast  any  imputations  on  others.  On  the  con 
trary,  I  hold  that  mankind  under  like  circumstances  are  alike,  the  world  over. 
The  vicious  and  unprincipled  are  confined  to  no  district  of  country ;  and  it  is 


MR    TALLMADGE.  465 

for  this  portion  of  the  community  we  are  bound  to  legislate.  When  honorable 
gentlemen  inform  us  we  overrate  the  cruelty  and  the  dangers  of  slavery,  and 
tell  us  that  their  slaves  are  happy  and  contented,  and  would  even  contribute  to 
their  safety,  they  tell  us  but  very  little ;  they  do  not  tell  us  that,  while  their 
slaves  are  happy,  the  slaves  of  some  depraved  and  cruel  wretch  in  their  neigh 
borhood  may  be  stimulated  to  revenge,  and  thus  involve  the  country  in 
ruin.  If  we  had  to  legislate  only  for  such  gentlemen  as  are  now  embraced 
within  my  view,  a  law  against  robbing  the  mail  would  be  a  disgrace  upon  the 
nation ;  and,  as  useless,  I  would  tear  it  from  the  pages  of  your  statute  book ; 
yet  sad  experience  has  taught  us  the  necessity  of  such  laws — and  honor,  just 
ice,  and  policy  teach  us  the  wisdom  of  legislating  to  limit  the  extension  of 
slavery. 

In  the  zeal  to  draw  sectional  contrasts,  we  have  been  told  by  one  gentleman, 
that  gentlemen  from  one  district  of  country  talk  of  their  morality,  while  those 
of  another  practice  it.  And  the  superior  liberality  has  been  asserted  of  south 
ern  gentlemen  over  those  of  the  north,  in  all  contributions  to  moral  institu 
tions,  for  bible  and  missionary  societies.  Sir,  I  understand  too  well  the  pur 
suit  of  my  purpose,  to  be  decoyed  and  drawn  off  into  the  discussion  of  a  col 
lateral  subject.  I  have  no  inclination  to  controvert  these  assertions  of  com 
parative  liberality.  Although  I  have  no  idea  that  they  are  founded  in  fact, 
yet,  because  it  better  suits  the  object  of  my  present  argument,  I  will,  on  this 
occasion,  admit  them  to  the  fullest  extent.  And  what  is  the  result  ?  South 
ern  gentlemen,  by  their  superior  liberality  in  contributions  to  moral  institu 
tions,  justly  stand  in  the  first  rank,  and  hold  the  first  place  in  the  brightest  page 
in  the  history  of  our  country.  But  turn  over  this  page,  and  what  do  you  be 
hold  ?  You  behold  them  contributing  to  teach  the  doctrines  of  Christianity 
in  every  quarter  of  the  globe.  You  behold  them  legislating  to  secure  the  ig 
norance  and  stupidity  of  their  own  slaves  !  You  behold  them  prescribing,  by 
law,  penalties  against  the  man  that  dares  teach  a  negro  to  read.  Such  is  the 
statute  law  of  the  state  of  Virginia.  [Mr.  Bassett  and  Mr.  Tyler  said  that 
there  was  no  such  law  in  Virginia.] 

No,  said  Mr.  T.,  I  have  mis-spoken  myself;  I  ought  to  have  said,  such  is 
the  statute  law  of  the  state  of  Georgia.  Yes,  while  we  hear  of  a  liberality 
which  civilizes  the  savages  of  all  countries,  and  carries  the  gospel  alike  to  the 
Hottentot  and  the  Hindoo,  it  has  been  reserved  for  the  republican  state  of 
Georgia,  not  content  with  the  care  of  its  overseers,  to  legislate  to  secure  the 
oppression  and  the  ignorance  of  their  slaves.  The  man  who  there  teaches  a 
negro  to  read  is  liable  to  a  criminal  prosecution.  The  dark,  benighted  beings 
of  all  creation  profit  by  our  liberality — save  those  of  our  own  plantations. 
Where  is  the  missionary  who  possesses  sufficient  hardihood  to  venture  a  resi 
dence  to  teach  the  slaves  of  a  plantation  ?  Here  is  the  stain  !  Here  is  the 
stigma  !  which  fastens  upon  the  character  of  out  country ;  and  which,  in  the 
appropriate  language  of  the  gentleman  from  Georgia,  (Mr.  Cobb,)  all  the  wa 
ters  of  the  ocean  cannot  wash  out ;  which  seas  of  blood  can  only  take  away. 

Sir.  there  is  yet  another,  and  an  important  point  of  view,  in  which  this  sub- 


466  MISSOURI  APPLIES  FOE  ADMISSION. 

ject  ought  to  be  considered.  We  have  been  told  by  those  who  advocate  the 
extension  of  slavery  into  the  Missouri,  that  any  attempt  to  control  this  subject 
by  legislation  is  a  violation  of  that  faith  and  mutual  confidence  upon  which  our 
Union  was  formed,  and  our  constitution  adopted.  This  argument  might  be 
considered  plausible  if  the  restriction  was  attempted  to  be  enforced  against 
any  of  the  slaveholding  states  which  had  been  a  party  in  the  adoption  of  the 
constitution.  But  it  can  have  no  reference  or  application  to  a  new  district  of 
country  recently  acquired,  and  never  contemplated  in  the  formation  of  govern 
ment,  and  not  embraced  in  the  mutual  concessions  and  declared  faith  upon 
which  the  constitution  was  adopted.  The  constitution  provides  that  the  rep 
resentatives  of  the  several  states  to  this  house  shall  be  according  to  'their  num 
ber,  including  three-fifths  of  the  slaves  in  the  respective  states.  This  is  an 
important  benefit  yielded  to  the  slaveholding  states,  as  one  of  the  mutual  sac 
rifices  for  the  Union.  On  this  subject,  I  consider  the  faith  of  the  Union  pledg 
ed,  and  I  never  would  attempt  coercive  manumission  in  a  slaveholding  state. 

But  none  of  these  causes  which  induced  the  sacrifice  of  this  principle,  and 
which  now  produce  such  an  unequal  representation  on  this  floor,  of  the  free 
population  of  the  country,  exist  as  between  us  and  the  newly-acquired  terri 
tory  across  the  Mississippi.  That  portion  of  country  has  no  claims  to  such  an 
unequal  representation,  unjust  in  its  results  upon  the  other  states.  Are  the 
numerous  slaves  in  extensive  countries,  which  we  may  acquire  by  purchase,  and 
admit  as  states  into  the  Union,  at  once  to  be  represented  on  this  floor,  under  a 
clause  of  the  constitution,  granted  as  a  compromise  and  a  benefit  to  the  south 
ern  states  which  had  borne  part  in  the  revolution  ?  Such  an  extension  of  that 
clause  in  the  constitution  would  be  unjust  in  its  operations,  unequal  in  its  re 
sults,  and  a  violation  of  its  original  intention.  Abstract  from  the  moral  effects 
of  slavery,  its  political  consequences  in  the  representation  under  this  clause  of 
the  constitution,  demonstrate  the  importance  of  the  proposed  amendment. 

Sir,  I  shall  bow  in  silence  to  the  will  of  the  majority,  on  whichever  side  it 
shall  be  expressed ;  yet  I  confidently  hope  that  majority  will  be  found  on  the 
side  of  an  amendment,  so  replete  with  moral  consequences,  so  pregnant  with 
important  political  results. 

Mr.  Scott,  of  Missouri,  said  he  trusted  that  his  conduct,  during  the  whole 
of  the  time  in  which  he  had  the  honor  of  a  seat  in  the  house,  had  convinced 
gentlemen  of  his  disposition  not  to  obtrude  his  sentiments  on  any  other  subjects 
than  those  on  which  the  interest  of  his  constituents,  and  of  the  territory  he  rep 
resented,  were  immediately  concerned.  But  when  a  question  such  as  the  amend 
ments  proposed  by  the  gentlemen  from  New  York,  (Messrs.  Tallmadge  and 
Taylor,)  was  presented  for  consideration,  involving  constitutional  principles  to 
a  vast  amount,  pregnant  with  the  future  fate  of  the  territory,  portending  de 
struction  to  the  liberties  of  that  people,  directly  bearing  on  their  rights  of  prop 
erty,  their  state  rights,  their  all,  he  should  consider  it  a  dereliction  of  his  duty, 
as  retreating  from  his  post,  nay,  double  criminality,  did  he  not  raise  his  voice 
against  their  adoption.  After  the  many  able  and  luminous  views  that  had  been 
taken  of  this  subject,  by  the  speaker  of  the  house,  and  other  honorable  gentle- 


MR.  SCOTT.  467 

men,  lie  had  not  the  vanity  to  suppose  that  any  additional  views  which  he  could 
offer,  or  any  new  dress  in  which  he  could  clothe  those  already  advanced,  would 
have  the  happy  tendency  of  inducing  any  gentleman  to  change  his  vote.  But, 
if  he  stood  single  on  the  question,  and  there  was  no  man  to  help  him,  yet, 
while  the  laws  of  the  land  and  the  rules  of  the  house  guaranteed  to  him  the 
privilege  of  speech,  he  would  redeem  his  conscience  from  the  imputation  of 
having  silently  witnessed  a  violation  of  the  constitution  of  his  country,  and  an 
infringement  on  the  liberties  of  the  people  who  had  intrusted  to  his  feeble  abil 
ities  the  advocation  of  their  rights.  He  desired,  at  this  early  stage  of  his  re 
marks,  in  the  name  of  the  citizens  of  Missouri  territory,  whose  rights  on  other 
subjects  had  been  too  long  neglected  and  shamefully  disregarded,  to  enter  his 
solemn  protest  against  the  introduction,  under  the  insidious  form  of  amend 
ment,  of  any  principle  in  this  bill,  the  obvious  tendency  of  which  would  be  to 
sow  the  seeds  of  discord  in,  and  perhaps  eventually  endanger  the  Union. 

Mr.  S.  entertained  the  opinion  that,  under  the  constitution,  congress  had  not 
the  power  to  impose  this,  or  any  other  restriction,  or  to  require  of  the  people 
of  Missouri  their  assent  to  this  condition,  as  a  pre-requisite  to  their  admission 
into  the  Union.  He  contended  this  from  the  language  of  the  constitution  it 
self,  from  the  practice  in  the  admission  of  new  states  under  that  instrument, 
and  from  the  express  terms  of  the  treaty  of  cession.  The  short  view  he  in 
tended  to  take  of  those  points  would,  he  trusted,  be  satisfactory  to  all  those 
who  were  not  so  anxious  to  usurp  power  as  to  sacrifice  to  its  attainment  the 
principles  of  our  government,  or  who  were  not  desirous  of  prostrating  the 
rights  and  independence  of  a  state  to  chimerical  views  of  policy  or  expediency. 
The  authority  to  admit  new  states  into  the  Union  was  granted  in  the  third  sec 
tion  of  the  fourth  article  of  the  constitution,  which  declared  that  "  new  states 
may  be  admitted  by  the  congress  into  the  Union."  The  only  power  given  to 
the  congress  by  this  section  appeared  to  him  to  be  that  of  passing  a  law  for 
the  admission  of  the  new  state,  leaving  it  in  possession  of  all  the  rights,  privi 
leges,  and  immunities  enjoyed  by  the  other  states ;  the  most  valuable  and  prom 
inent  of  which  was  that  of  forming  and  modifying  their  own  state  constitution, 
and  over  which  congress  had  no  superintending  control,  other  than  that  ex 
pressly  given  in  the  fourth  section  of  the  same  article,  which  read,  "  the  United 
States  shall  guarantee  to  every  state  in  this  Union  a  republican  form  of  gov 
ernment."  This  end  accomplished,  the  guardianship  of  the  United  States  over 
the  constitutions  of  the  several  states  was  fulfilled ;  and  all  restrictions,  limi 
tations,  and  conditions  beyond  this,  was  so  much  power  unwarrantably  assumed. 
In  illustration  of  this  position,  he  would  read  an  extract  from  one  of  the  essays 
written  by  the  late  President  Madison,  contemporaneously  with  the  constitu 
tion  of  the  United  States,  and  from  a  very  celebrated  work :  "  In  a  confed 
eracy  founded  on  republican  principles,  and  composed  of  republican  members, 
the  superintending  government  ought  clearly  to  possess  authority  to  defend  the 
system  against  aristocratic  or  monarchical  innovations.  The  more  intimate  the 
nature  of  such  a  union  may  be,  the  greater  interest  have  the  members  in  the 
political  institutions  of  each  other,  and  the  greater  right  to  insist  that  the  forms 


468  MISSOURI  APPLIES  FOR  ADMISSION. 

of  government  under  which  the  compact  was  entered  into,  should  be  substan 
tially  maintained.  But  this  authority  extends  no  further  than  to  a  guarantee 
of  a  republican  form  of  government,  which  supposes  a  preexisting  govern 
ment  of  the  form  which  is  to  be  guaranteed.  As  long,  therefore,  as  the  exist 
ing  republican  forms  are  continued  by  the  states,  they  are  guaranteed  by  the 
federal  constitution.  Whenever  the  states  may  choose  to  substitute  other  re 
publican  forms,  they  have  a  right  to  do  so,  and  to  claim  the  federal  guarantee 
for  the  latter.  The  only  restriction  imposed  on  them  is,  that  they  shall  not 
exchange  republican  for  anti-republican  constitutions  ;  a  restriction  which,  it  is 
presumed,  will  hardly  be  considered  as  a  grievance." 

Mr.  S.  thought  that  those  two  clauses,  when  supported  by  such  high  author 
ity,  had  they  been  the  only  ones  in  the  constitution  which  related  to  the  powers 
of  the  general  government  over  the  states,  and  particularly  at  their  formation 
and  adoption  into  the  Union,  could  not  but  be  deemed  satisfactory  to  a  reason 
able  extent ;  but  there  were  other  provisions  in  the  constitution,  to  which  he 
would  refer,  that  beyond  all  doubt,  to  his  mind,  settled  the  question.  One  of 
those  was  the  tenth  article  in  the  amendments,  which  said  that  "  the  powers 
not  delegated  to  the  United  States  by  the  constitution,  nor  prohibited  by  it  to 
the  states,  are  reserved  to  the  states  respectively  or  to  the  people."  He  be 
lieved  that,  by  common  law  and  common  usage,  all  grants  giving  certain  de 
fined  and  specific  privileges  or  powers,  were  to  be  so  construed  as  that  no  oth 
ers  should  be  intended  to  be  given  but  such  as  were  particularly  enumerated  in 
the  instruments  themselves,  or  indispensably  necessary  to  carry  into  effect  those 
designated.  In  no  part  of  the  constitution  was  the  power  proposed  to  be  ex 
ercised,  of  imposing  conditions  on  a  new  state,  given,  either  in  so  many  words, 
or  by  any  justifiable  or  fair  inference  ;  nor  in  any  portion  of  the  constitution 
was  the  right  prohibited  to  the  respective  states  to  regulate  their  own  internal 
police,  of  admitting  such  citizens  as  they  pleased,  or  of  introducing  any  de 
scription  of  property  that  they  should  consider  as  essential  or  necessary  to  their 
prosperity ;  and  the  framers  of  that  instrument  seem  to  have  been  zealous,  lest, 
by  implication  or  by  inference,  powers  might  be  assumed  by  the  general  gov 
ernment  over  the  states  and  people,  other  than  those  expressly  given  :  hence 
they  reserve  in  so  many  terms  to  the  states  and  the  people,  all  powers  not  del 
egated  to  the  federal  government.  The  ninth  article  of  the  amendments  to 
the  constitution  still  further  illustrated  the  position  he  had  taken  ;  it  read  that 
"  the  enumeration  in  the  constitution  of  certain  rights  shall  not  be  construed  to 
deny  or  disparage  others  retained  by  the  people. "  Mr.  S.  believed  it  to  be  a 
just  rule  of  interpretation,  that  the  enumeration  of  powers  delegated  to  con 
gress  weakened  their  authority  in  all  cases  not  enumerated ;  and  that  beyond 
those  powers  enumerated  they  had  none,  except  they  were  essentially  neces 
sary  to  carry  into  effect  those  that  were  given.  The  second  section  of  the 
fourth  article  of  the  constitution,  which  declared  that  "the  citizens  of  each 
state  shall  be  entitled  to  all  the  privileges  and  immunities  of  citizens  in  the 
several  states,"  was  satisfactory,  to  his  judgment,  that  it  was  intended  the  citi 
zens  of  each  state,  forming  a  part  of  one  harmonious  whole,  should  have,  in 


MR.  SCOTT.  469 

all  things,  equal  privileges ;  the  necessary  consequence  of  which  was,  that 
every  man,  in  his  own  state,  should  have  the  same  rights,  privileges,  and  pow 
ers,  that  any  other  citizen  of  the  United  States  had  in  his  own  state ;  other 
wise  discontent  and  murmurings  would  prevail  against  the  general  government 
who  had  deprived  him  of  the  equality. 

For  example,  if  the  citizens  of  Pennsylvania,  or  Virginia,  enjoyed  the  right, 
in  their  own  state,  to  decide  the  question  whether  they  would  have  slavery  or 
not,  the  citizens  of  Missouri,  to  give  them  the  same  privileges,  must  have  the 
same  right  to  decide  whether  they  would  or  would  not  tolerate  slavery  in  their 
state  ;  if  it  were  otherwise,  then  the  citizens  of  Pennsylvania  and  Virginia 
would  have  more  rights,  privileges,  and  powers  in  their  respective  states,  than 
the  citizens  of  Missouri  would  have  in  theirs.  Mr.  Scott  said  he  would  make 
another  quotation  from  the  same  work  he  had  before  been  indebted  to,  which 
he  believed  had  considerable  bearing  on  this  question.  "  The  powers  delegated 
by  the  proposed  constitution  to  the  federal  government,  are  few  and  defined  ; 
those  which  are  to  remain  in  the  state  governments,  are  numerous  and  indefi 
nite  ;  the  former  will  be  exercised  principally  on  external  objects,  as  war,  peace, 
negotiation,  and  foreign  commerce,  with  which  last  the  powers  of  taxation 
will,  for  the  most  part,  be  connected.  The  powers  reserved  to  the  several 
states  will  extend  to  all  the  objects,  which  in  the  ordinary  course  of  affairs  con 
cern  the  lives,  liberties,  and  properties  of  the  people,  and  the  internal  order, 
improvement,  and  prosperity  of  the  state."  The  applicability  of  this  doctrine 
to  the  question  under  consideration  was  so  obvious,  that  he  would  not  detain 
the  house  to  give  examples,  but  leave  it  for  gentlemen  to  make  the  application. 
He  would,  however,  make  one  other  reference  to  the  constitution,  before  he 
proceeded  to  speak  of  the  practice  under  it ;  in  the  second  section  of  that  in 
strument  it  was  provided,  that  "  representatives,  and  direct  taxes,  shall  be  ap 
portioned  among  the  several  states  which  may  be  included  within  this  Union, 
according  to  their  respective  numbers,  which  shall  be  determined  by  adding  to 
the  whole  number  of  free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three-fifths  of  all  other  persons." 
This  provision  was  not  restricted  to  the  states  then  formed,  and  about  to  adopt 
the  constitution  ;  but  to  all  those  states  which  might  be  included  within  this 
Union,  clearly  contemplating  the  admission  of  new  states  thereafter,  and  pro 
viding,  that  to  them,  also,  should  this  principle  of  representation  and  taxation 
equally  apply.  Nor  could  he  subscribe  to  the  construction,  that  as  this  part 
of  the  constitution  was  matter  of  compromise,  it  was  to  be  limited  in  its  ap 
plication  to  the  original  states  only,  and  not  to  be  extended  to  all  those  states 
that  might  after  its  adoption  become  members  of  the  federal  Union ;  and 
a  practical  exposition  had  been  made  by  congress  of  this  part  of  the  constitu 
tion,  in  the  admission  of  Kentucky,  Louisiana,  and  Mississippi  states,  all  of 
whom  were  slaveholding  states,  and  to  each  of  them  this  principle  had  been 
extended. 

Mr.  Scott  believed,  that  the  practice  under  the  constitution  had  been  differ 
ent  from  that  now  contended  for  by  gentlemen ;  he  was  unapprised  of  any 


470  MISSOURI  APPLIES  FOR  ADMISSION. 

•  .         ! 

similar  provision  having  ever  been  made,  or  attempted  to  be  made,  in  relation 
to  any  other  new  state  heretofore  admitted.  The  argument  drawn  from  the 
states  formed  out  of  the  territory  northwest  of  the  river  Ohio,  he  did  not  con 
sider  as  analogous ;  that  restriction,  if  any,  was  imposed  in  pursuance  of  a 
compact,  and  only,  so  far  as  congress  could  do,  carried  into  effect  the  disposi 
tion  of  Virginia  in  reference  to  a  part  of  her  own  original  territory,  and  was, 
in  every  respect,  more  just,  because  that  provision  was  made  and  published  to 
the  world  at  a  time  when  but  few,  if  any,  settlements  were  formed  within  that 
tract  of  country ;  and  the  children  of  those  people  of  color  belonging  to  the 
inhabitants  then  there  have  been,  and  still  were,  held  in  bondage,  and  were  not 
free  at  a  given  age,  as  was  contemplated  by  the  amendment  under  considera 
tion,  nor  did  he  doubt  but  that  it  was  competent  for  any  of  those  states  admit 
ted  in  pursuance  of  the  ordinance  of  1T8Y,  to  call  a  convention,  and  so  to  alter 
their  constitution  as  to  allow  the  introduction  of  slaves,  if  they  thought  proper 
to  do  so.  To  those  gentlemen  who  had  in  their  argument,  in  support  of  the 
amendments,  adverted  to  the  instance  where  congress  had,  by  the  law  author 
izing  the  people  of  Louisiana  to  form  a  constitution  and  state  government,  ex 
ercised  the  power  of  imposing  the  terms  and  conditions  on  which  they  should 
be  permitted  to  do  so,  he  would  recommend  a  careful  examination  and  com 
parison  of  those  terms  with  the  constitution  of  the  United  States,  when,  he 
doubted  not,  they  would  be  convinced  that  these  restrictions  were  only  such  as 
were  in  express  and  positive  language  defined  in  the  latter  instrument,  and 
would  have  been  equally  binding  on  the  people  of  Louisiana  had  they  not  been 
enumerated  in  the  law  giving  them  authority  to  form  a  constitution  for  them 
selves. 

Mr.  Scott  said  he  considered  the  contemplated  conditions  and  restrictions, 
contained  in  the  proposed  amendments,  to  be  unconstitutional  and  unwarrant 
able,  from  the  provisions  of  the  treaty  of  cession,  by  the  third  article  of  which 
it  was  stipulated,  that  "  the  inhabitants  of  the  ceded  territory  shall  be  incor 
porated  in  the  Union  of  the  United  States,  and  admitted  as  soon  as  possible, 
according  to  the  principles  of  the  federal  constitution,  to  the  enjoyment  of  all 
the  rights,  advantages,  and  immunities  of  citizens  of  the  United  States,  and, 
in  the  mean  time,  they  shall  be  maintained  and  protected  in  the  free  enjoyment 
of  their  liberty,  property,  and  the  religion  which  they  profess." 

This  treaty  having  been  made  by  the  competent  authority  of  government, 
ratified  by  the  senate,  and  emphatically  sanctioned  by  congress  in  the  acts  mak 
ing  appropriations  to  carry  it  into  effect,  became  a  part  of  the  supreme  law 
of  the  land,  and  its  bearings  on  the  rights  of  the  people  had  received  a  prac 
tical  exposition  by  the  admission  of  the  state  of  Louisiana,  part  of  the  same 
territory,  and  acquired  by  the  same  treaty  of  cession,  into  the  Union.  It  was 
in  vain  for  gentlemen  to  tell  him  that,  by  the  terms  of  the  treaty  of  cession, 
the  United  States  were  not  bound  to  admit  any  part  of  the  ceded  territory  into 
the  Union  as  a  state  ;  the  evidence  of  the  obligation  congress  considered  they 
were  under,  to  adopt  states  formed  out  of  that  territory,  is  clearly  deducible 
from  the  fact  that  they  had  done  so  in  the  instance  of  Louisiana.  But,  had 


MR.  SCOTT.  471 

no  state  been  admitted,  formed  of  a  part  of  the  territory  acquired  by  that 
treaty,  the  obligation  of  the  government  to  do  so  would  not  be  the  less  ap 
parent  to  him.  "  The  inhabitants  of  the  ceded  territory  shall  be  incorporated 
in  the  "Union  of  the  United  States."  The  people  were  not  left  to  the  wayward 
discretion  of  this,  or  any  other  government,  by  saying  that  they  may  be  incor 
porated  in  the  Union.  The  language  was  different  and  imperative:  "they 
shall  be  incorporated."  Mr.  Scott  understood  by  the  term  incorporated, 
that  they  were  to  form  a  constituent  part  of  this  republic  ;  that  they  were  to 
become  joint  partners  in  the  character  and  councils  of  the  country,  and  in  the 
national  losses  and  national  gains;  as  a  territory,  they  were  not  an  essential 
part  of  the  government;  they  were  a  mere  province,  subject  to  the  acts  and 
regulations  of  the  general  government  in  all  cases  whatsoever.  As  a  territory, 
they  had  not  all  the  rights,  advantages  and  immunities  of  citizens  of  the 
United  States.  Mr.  Scott  himself  furnished  an  example,  that,  in  their  present 
condition,  they  had  not  all  the  rights  of  the  other  citizens  of  the  Union.  Had 
he  a  vote  in  this  house  ?  And  yet  these  people  were,  during  the  war,  subject 
to  certain  taxes  imposed  by  congress.  Had  those  people  any  voice  to  give  in 
the  imposition  of  taxes  to  which  they  were  subject,  or  in  the  disposition  of  the 
funds  of  the  nation,  and  particularly  those  arising  from  the  sales  of  the  public 
lands,  to  which  they  already  had,  and  still  would  largely  contribute  ?  Had 
they  a  voice  to  give  in  selecting  the  officers  of  this  government,  or  many  of 
their  own?  In  short,  in  what  had  they  equal  rights,  advantages  and  immuni 
ties  with  the  other  citizens  of  the  United  States,  but  in  the  privilege  to  submit 
to  a  procrastination  of  their  rights,  and  in  the  advantage  to  subscribe  to  your 
laws,  your  rules,  your  taxes,  and  your  powers,  even  without  a  hearing  ?  Those 
people  were  also  "to  be  admitted  into  the  Union  as  soon  as  possible."  Mr. 
Scott  would  infer  from  this  expression,  that  it  was  the  understanding  of  the 
parties,  that  so  soon  as  any  portion  of  the  territory,  of  sufficient  extent  to  form 
a  state,  should  contain  the  number  of  inhabitants  required  by  law  to  entitle 
them  to  a  representative  on  the  floor  of  this  house,  that  they  ithen  had  the 
right  to  make  the  call  for  admission,  and  this  admission,  when  made,  was  to 
be,  not  on  conditions  that  gentlemen  might  deem  expedient,  not  on  conditions 
referable  to  future  political  views,  not  on  conditions  that  the  constitution  the 
people  should  form  should  contain  a  clause  that  would  particularly  open  the 
door  for  emigration  from  the  north  or  from  the  south,  not  on  condition  that 
the  future  population  of  the  state  should  come  from  a  slaveholding  or  non- 
slaveholding  state,  "  but  according  to  the  principles  of  the  federal  constitu 
tion,"  and  none  other.  The  people  of  Missouri  were,  by  solemn  treaty  stipu 
lation,  when  admitted,  to  enjoy  all  the  rights,  advantages,  and  immunities  of 
citizens  of  the  United  States.  Can  any  gentleman  contend,  that,  laboring  un 
der  the  proposed  restriction,  the  citizens  of  Missouri  would  have  all  the  rights, 
advantages,  and  immunities  of  other  citizens  of  the  Union  ?  Have  not  other 
new  states,  in  their  admission,  and  have  not  all  the  states  in  the  Union,  now, 
privileges  and  rights  beyond  what  was  contemplated  to  be  allowed  to  the  citi 
zens  of  Missouri  ?  Have  not  all  other  states  in  this  government  the  right  to 


472  DEBATE  IN  THE  HOUSE. 

alter,  modify,  amend,  and  change  their  state  constitutions,  having  regard  alone 
to  a  republican  form  ?  And  was  there  any  existing  law,  or  any  clause  in  the 
federal  constitution,  that  prohibited  a  total  change  from  a  slaveholding  to  a 
non-slaveholding  state,  or  from  a  non-slaveholding  to  a  slaveholding  state  ? 
Mr.  Scott  thought  that  if  this  provision  was  proper,  or  within  the  powers  of 
congress,  they  also  had  the  correlative  right  to  say  that  the  people  of  Missouri 
should  not  be  admitted  as  a  state,  unless  they  provided,  in  the  formation  of 
their  state  constitution,  that  slavery  should  be  tolerated.  Would  not  those 
conscientious  gentlemen  startle  at  this,  and  exclaim,  what!  impose  on  those 
people  slaves,  when  they  do  not  want  them  ?  This  would  be  said  to  be  a  di 
rect  attack  on  the  state  independence.  Was  it  in  the  power  of  congress  to 
annex  the  present  condition,  Mr.  Scott  deemed  it  equally  within  the  scope  of 
their  authority  to  say  what  color  the  inhabitants  of  the  proposed  state  should 
be,  what  description  of  property,  other  than  slaves,  those  people  should  or 
should  not  possess,  and  the  quantity  of  property  each  man  should  retain,  going 
upon  the  agrarian  principle.  He  would,  even  go  further,  and  say  that  con 
gress  had  an  equal  power  to  enact  to  what  religion  the  people  should  sub 
scribe  ;  that  none  other  should  be  professed,  and  to  provide  for  the  excommu 
nication  of  all  those  who  did  not  submit. 

The  people  of  Missouri  were,  if  admitted  into  the  Union,  to  come  in  on  an 
equal  footing  with  the  original  states.  That  the  people  of  the  other  states  had 
the  right  to  regulate  their  own  internal  police,  to  prescribe  the  rules  of  their 
own  conduct,  and,  in  the  formation  of  their  constitution,  to  say  whether  slavery 
was  or  was  not  admissible,  he  believed  was  a  point  conceded  by  all.  How, 
then,  were  the  citizens  of  Missouri  placed  on  an  equal  footing  with  the  other 
members  of  the  Union  ?  Equal  in  some  respects — a  shameful  discrimination 
in  others.  A  discrimination  not  warranted  by  the  constitution,  nor  justified 
by  the  treaty  of  cession,  but  founded  on  mistaken  zeal,  or  erroneous  policy. 
They  were  to  be  bound  down  by  onerous  conditions,  limitations,  and  restric 
tions  to  which  he  knew  they  would  not  submit.  That  people  were  brave  and 
independent,  and  willing  to  risk  their  own  happiness  and  future  prosperity  on 
the  legitimate  exercise  of  their  own  judgment  and  free  will.  Mr.  Scott  pro 
tested  against  such  a  guardianship  as  was  contemplated  now  to  be  assumed 
over  his  constituents.  The  spirit  of  freedom  burned  in  the  bosom  of  the  free 
men  of  Missouri,  and  if  admitted  into  the  national  family,  they  would  be 
equal,  or  not  come  in  at  all.  With  what  an  anxious  eye  have  they  looked  to 
the  east,  since  the  commencement  of  this  session  of  congress,  for  the  good 
tidings,  that  on  them  you  had  conferred  the  glorious  privilege  of  self-govern 
ment  and  independence.  What  seeds  of  discord  will  you  sow,  when  they  read 
this  suspicious,  shameful,  unconstitutional  inhibition  in  their  charter  ?  Will 
they  not  compare  it  with  the  terms  of  the  treaty  of  cession,  that  bill  of  their 
rights,  emphatically  their  magna  charta  ?  And  will  not  the  result  of  that 
comparison  be  a  stigma  on  the  faith  of  this  government  ?  It  had  been  admit 
ted  by  some  gentlemen,  in  debate,  that,  were  the  people  of  Missouri  to  form  a 
constitution  conforming  to  this  provision,  so  soon  as  they  were  adopted  into 


MR.  SCOTT.  473 

the  Union  it  would  be  competent  for  them  to  call  a  convention  and  alter  their 
constitution  on  this  subject.  Why,  then,  he  would  ask  gentlemen,  would  they 
legislate,  when  they  could  produce  no  permanent,  practical  effect  ?  Why  ex 
pose  the  imbecility  of  the  general  government  to  tie  up  the  hands  of  the  state, 
and  induce  the  people  to  an  act  of  chicanery,  which  he  knew  from  principle 
they  abhorred,  to  get  clear  of  an  odious  restriction  on  their  rights  ?  Mr. 
Scott  had  trusted  that  gentlemen  who  professed  to  be  actuated  by  motives  of 
humanity  and  principle  would  not  encourage  a  course  of  dissimulation,  or,  by 
any  vote  of  theirs,  render  it  necessary  for  the  citizens  of  Missouri  to  act  equiv 
ocally  to  obtain  their  rights.  He  was  unwilling  to  believe  that  political  views 
alone  led  gentlemen  on  this  or  any  other  occasion;  but  from  the  language  of 
the  member  from  New  York,  (Mr.  Taylor,)  he  was  compelled  to  suspect  that 
they  had  their  influence  upon  him.  That  gentleman  has  told  us,  that  if  ever 
he  left  his  present  residence,  it  would  be  for  Illinois  or  Missouri ;  at  all  events, 
he  wished  to  send  out  his  brothers  and  his  sons.  Mr.  Scott  begged  that  gen 
tleman  to  relieve  him  from  the  awful  apprehension  excited  by  the  prospect  of 
this  accession  of  population.  He  hoped  the  house  would  excuse  him  while  he 
stated,  that  he  did  not  desire  that  gentleman,  his  sons,  or  his  brothers,  in  that 
land  of  brave,  noble,  and  independent  freemen.  The  member  says  that  the 
latitude  is  too  far  north  to  admit  of  slavery  there.  Would  the  gentleman  cast 
his  eye  on  the  map  before  him,  he  would  there  see  that  a  part  of  Kentucky, 
Virginia,  and  Maryland,  were  as  far  north  as  the  northern  boundary  of  the 
proposed  state  of  Missouri.  Mr.  Scott  would  thank  the  gentleman  if  he  would 
condescend  to  tell  him  what  precise  line  of  latitude  suited  his  conscience,  his 
humanity,  or  his  political  views,  on  this  subject.  Could  that  member  be  serious, 
when  he  made  the  parallel  of  latitude  the  measure  of  his  good  will  to  those 
unfortunate  blacks  ?  Or  was  he  trying  how  far  he  could  go  in  fallacious  argu 
ment  and  absurdity,  without  creating  one  blush  even  on  his  own  cheek,  for  in 
consistency  ?  What  1  starve  the  negroes  out,  pen  them  up  in  the  swamps  and 
morasses,  confine  them  to  southern  latitudes,  to  long,  scorching  days  of  labor 
and  fatigue,  until  the  race  becomes  extinct,  that  the  fair  land  of  Missouri  may 
be  tenanted  by  that  gentleman,  his  brothers,  and  sons?  He  expected  from  the 
majority  of  the  house  a  more  liberal  policy,  and  better  evidence  that  they  really 
were  actuated  by  humane  motives. 

Mr.  S.  said  he  would  trouble  the  house  no  longer ;  he  thanked  them  for  the 
attention  and  indulgence  already  bestowed ;  but  he  desired  to  apprise  gentle 
men,  before  he  sat  down,  that  they  were  sowing  the  seeds  of  discord  in  this 
Union,  by  attempting  to  admit  states  with  unequal  privileges  and  unequal 
rights  ;  that  they  were  signing,  sealing,  and  delivering  their  own  death-warrant; 
that  the  weapon  they  were  so  unjustly  wielding  against  the  people  of  Missouri, 
was  a  two-edged  sword.  From  the  cumulative  nature  of  power,  the  day  might 
come  when  the  general  government  might,  in  turn,  undertake  to  dictate  to 
them  on  questions  of  internal  policy ;  Missouri,  now  weak  and  feeble,  whose 
fate  and  murmurs  would  excite  but  little  alarm  or  sensibility,  might  become  an 
easy  victim  to  motives  of  policy,  party  zeal,  or  mistaken  ideas  of  power ;  but 


474  DEBATE  IN  THE  HOUSE. 

'-•iiJt»  '      '  "'    «  '-'  -  V  •"    ••'•' 

other  times  and  other  men  would  succeed ;  a  future  congress  might  come,  who, 
under  the  sanctified  forms  of  constitutional  power,  would  dictate  to  them  odious 
conditions  j  nay,  inflict  on  their  internal  independence  a  wound  more  deep  and 
dreadful  than  even  this  to  Missouri.  The  house  had  seen  the  force  of  prece 
dent,  in  the  mistaken  application  of  the  conditions  imposed  on  the  people  of 
Louisiana  anterior  to  their  admission  into  the  Union.  And,  whatever  might 
be  the  ultimate  determination  of  the  house,  Mr.  S.  considered  this  question 
big  with  the  fate  of  Caesar  and  of  Rome. 

Mr.  Cobb,  of  Georgia,  observed  that  he  did  not  rise  for  the  purpose  of  de 
taining  the  attention  of  the  house  for  any  length  of  time.  He  was  too  sensi 
ble  of  the  importance  of  each  moment  which  yet  remained  of  the  session,  to 
obtrude  many  remarks  upon  their  patience.  But,  upon  a  measure  involving 
the  important  consequences  that  this  did,  he  felt  it  to  be  an  imperious  duty  to 
express  his  sentiments,  and  to  enter  his  most  solemn  protest  against  the  princi 
ple  proposed  for  adoption  by  the  amendment.  Were  gentlemen  aware  of  what 
they  were  about  to  do  ?  Did  they  foresee  no  evil  consequence  likely  to  result 
out  of  the  measure  if  adopted  ?  Could  they  suppose  that  the  southern  states 
would  submit  with  patience  to  a  measure,  the  effect  of  which  would  be  to  ex 
clude  them  from  all  enjoyment  of  the  vast  region  purchased  by  the  United 
States  beyond  the  Mississippi,  and  which  belonged  equally  to  them  as  to  the 
northern  states  ?  He  ventured  to  assure  them  that  they  would  not.  The  peo 
ple  of  the  slaveholding  states,  as  they  are  called,  know  their  rights,  and  will 
insist  upon  the  enjoyment  of  them.  He  should  not  now  attempt  to  go  over 
ground  already  occupied  by  others,  with  much  more  ability,  and  attempt  to 
show  that,  by  the  treaty  with  France,  the  people  of  that  territory  were  secured 
in  the  enjoyment  of  the  property  which  they  held  in  their  slaves.  That  the 
proposed  amendment  was  an  infraction  of  this  treaty,  had  been  most  clearly 
shown.  Nor  would  he  attempt  to  rescue  from  slander  the  character  of  the 
people  of  the  southern  states,  in  their  conduct  towards,  and  treatment  of,  their 
black  population.  That  had  also  been  done  with  a  degree  of  force  and  elo 
quence,  to  which  he  could  pretend  no  claim,  by  the  gentleman  from  Yirginia 
(Mr.  Barbour),  and  the  honorable  speaker.  He  was,  however,  clearly  of 
opinion  that  congress  possessed  no  power  under  the  constitution  to  adopt 
the  principle  proposed  in  the  amendment.  He  called  upon  the  advocates  of 
it  to  point  out,  and  lay  their  fingers  upon  that  clause  of  the  constitution  of  the 
United  States,  which  gives  to  this  body  the  right  to  legislate  upon  the  subject. 
Could  they  show  in  what  clause  or  section  this  right  was  expressly  given,  or 
from  which  it  could  be  inferred  ?  Unless  this  authority  could  be  shown,  con 
gress  would  be  assuming  a  power,  if  the  amendment  prevailed,  not  delegated 
to  them,  and  most  dangerous  in  its  exercise.  What  is  the  end  and  tendency 
of  the  measure  proposed  ?  It  is  to  impose  on  the  state  of  Missouri  conditions 
not  imposed  upon  any  other  state.  It  is  to  deprive  her  of  one  branch  of  sov 
ereignty  not  surrendered  by  any  other  state  in  the  Union,  not  even  those  beyond 
the  Ohio ;  for  all  of  them  had  legislated  upon  this  subject ;  all  of  them  had 
decided  for  themselves  whether  slavery  should  be  tolerated,  at  the  time  they 


COBB  AND  LIVERMORE.  475 

framed  their  several  constitutions.  He  would  not  now  discuss  the  propriety 
of  admitting  slavery!  It  is  not  now  a  question  whether  it  is  politic  or  impolitic 
to  tolerate  slavery  in  the  United  States,  or  in  a  particular  state.  It  was  a 
discussion  into  which  he  would  not  permit  himself  to  be  dragged.  Admit, 
however,  its  moral  impropriety,  yet  there  was  a  vast  difference  between 
moral  impropriety  and  political  sovereignty.  The  people  of  New  York  or 
Pennsylvania  may  deem  it  highly  immoral  and  politically  improper  to  permit 
slavery,  but  yet  they  possess  the  sovereign  right  and  power  to  permit  it,  if 
they  choose.  They  can  to-morrow  so  alter  their  constitutions  and  laws  as  to 
admit  it,  if  they  were  so  disposed.  It  is  a  branch  of  sovereignty  which  the 
old  thirteen  states  never  surrender  in  the  adoption  of  the  federal  constitution. 
Now,  the  bill  proposes  that  the  new  state  shall  be  admitted  upon  an  equal 
footing  with  the  other  states  of  the  Union.  It  is  in  this  way  only  that  she 
can  be  admitted  under  the  constitution.  These  words  can  have  no  other  mean 
ing  than  that  she  shall  be  required  to  surrender  no  more  of  her  rights  of  sov 
ereignty  than  the  other  states,  into  a  union  with  which  she  is  about  to  be  ad 
mitted,  have  surrendered.  But  if  the  proposed  amendment  is  adopted,  will 
not  this  new  state  be  shorn  of  one  branch  of  her  sovereignty,  one  right,  which 
the  other  states  may  and  have  exercised,  (whether  properly  or  not,  is  immate 
rial,)  and  do  now  exercise  whenever  they  think  fit  ? 

Mr.  C.  observed  that  he  did  conceive  the  principle  involved  in  the  amend 
ment  pregnant  with  danger.  It  was  one,  he  repeated,  to  which  he  believed 
the  people  of  the  region  of  country  which  he  represented,  would  not  quietly 
submit.  He  might,  perhaps,  subject  himself  to  ridicule,  for  attempting  the 
display  of  a  spirit  of  prophecy  which  he  did  not  possess,  or  of  zeal  and  enthu 
siasm  for  which  he  was  entitled  to  little  credit.  But  he  warned  the  advocates 
of  this  measure  against  the  certain  effects  which  it  must  produce — effects  de 
structive  of  the  peace  and  harmony  of  the  Union.  He  believed  that  they 
were  kindling  a  fire  which  all  the  waters  of  the  ocean  could  not  extinguish.  It 
could  be  extinguished  only  in  blood  ! 

Mr.  Livermore,  of  New  Hampshire,  said  :  I  am  in  favor  of  the  proposed 
amendment.  The  object  of  it  is  to  prevent  the  extension  of  slavery  over  the 
territory  ceded  to  the  United  States  by  France^  It  accords  with  the  dictates 
of  reason,  and  the  best  feelings  of  the  human  heart ;  and  is  not  calculated  to 
interrupt  any  legitimate  right  arising  either  from  the  constitution  or  any  other 
compact.  I  propose  to  show  what  slavery  is,  and  to  mention  a  few  of  the 
many  evils  which  follow  in  its  train ;  and  I  hope  to  evince  that  we  are  not 
bound  to  tolerate  the  existence  of  so  disgraceful  a  state  of  things  beyond  its 
present  extent,  and  that  it  would  be  impolitic  and  very  unjust  to  let  it  spread 
over  the  whole  face  of  our  western  territory.  Slavery  in  the  United  States 
is  the  condition  of  man  subjected  to  the  will  of  a  master,  who  can  make  any 
disposition  of  him  short  of  taking  away  his  life.  In  those  states  where  it  is 
tolerated,  laws  are  enacted,  making  it  penal  to  instruct  slaves  in  the  art  of 
reading,  and  they  are  not  permitted  to  attend  public  worship,  or  to  hear  the 
gospel  preached.  Thus  the  light  of  science  and  of  religion  is  utterly  excluded 
31 


476  DEBATE  IN  THE  HOUSE. 

from  the  mind,  that  the  body  may  be  more  easily  bowed  down  to  servitude. 
The  bodies  of  slaves  may,  with  impunity,  be  prostituted  to  any  purpose,  and 
deformed  in  any  manner  by  their  owners.  The  sympathies  of  nature  in  slaves 
are  disregarded ;  mothers  and  children  are  sold  and  separated ;  the  children 
wring  their  little  hands,  and  expire  in  agonies  of  grief,  while  the  bereft  mothers 
commit  suicide  in  despair.  How  long  will  the  desire  of  wealth  render  us  blind 
to  the  sin  of  holding  both  the  bodies  and  souls  of  our  fellow-men  in  chains ! 
But,  sir,  I  am  admonished  of  the  constitution,  and  told  we  cannot  emancipate 
slaves.  I  know  we  may  not  infringe  that  instrument,  and  therefore  do  not  pro 
pose  to  emancipate  slaves.  The  proposition  before  us  goes  only  to  prevent 
our  citizens  from  making  slaves  of  such  as  have  a  right  to  freedom.  In  the 
present  slaveholding  states,  let  slavery  continue,  for  our  boasted  constitution 
connives  at  it ;  but  do  not,  for  the  sake  of  cotton  and  tobacco,  let  it  be  told  to 
future  ages  that,  while  pretending  to  love  liberty,  we  have  purchased  an  exten 
sive  country,  to  disgrace  it  with  the  foulest  reproach  of  nations.  Our  consti 
tution  requires  no  such  thing  of  us.  The  ends  for  which  that  supreme  law  was 
made,  are  succinctly  stated  in  its  preface.  They  are,  first,  to  form  a  more  per 
fect  Union,  and  insure  domestic  tranquility  ?  Will  slavery  effect  this  ?  Can 
we,  sir,  by  mingling  bond  with  free,  black  spirits  with  white,  like  Shakspeare's 
witches  in  Macbeth,  form  a  more  perfect  Union,  and  insure  domestic  tranquility  ? 
Secondly,  to  establish  justice.  Is  justice  to  be  established  by  subjecting  half 
mankind  to  the  will  of  the  other  half?  Justice,  sir,  is  blind  to  colors,  and 
weighs  in  equal  scales  the  rights  of  all  men,  whether  white  or  black.  Thirdly, 
to  provide  for  the  common  defense,  and  secure  the  blessings  of  liberty.  Does 
slavery  add  anything  to  the  common  defense  ?  Sir,  the  strength  of  a  republic 
is  in  the  arm  of  freedom.  But,  above  all  things,  do  the  blessings  of  liberty 
consist  in  slavery  ?  If  there  is  any  sincerity  in  our  profession,  that  slavery  is 
an  ill,  tolerated  only  from  necessity,  let  us  not,  while  we  feel  that  ill,  shun  the 
cure,  which  consists  only  in  an  honest  avowal  that  liberty  and  equal  rights  are 
the  end  and  aim  of  all  our  institutions,  and  that  to  tolerate  slavery  beyond  the 
narrowest  limits  prescribed  for  it  by  the  constitution,  is  a  perversion  of  them 
all. 

Slavery,  sir,  I  repeat,  is  not  established  by  our  constitution ;  but  a  part  of 
the  states  are  indulged  in  the  commission  of  a  sin  from  which  they  could  not 
at  once  be  restrained,  and  which  they  would  not  consent  to  abandon.  But,  sir, 
if  we  could,  by  any  process  of  reasoning,  be  brought  to  believe  it  justifiable  to 
hold  others  to  involuntary  servitude,  policy  forbids  that  we  should  increase  it. 
Even  the  present  slaveholding  states  have  an  interest,  I  think,  in  limiting  the 
extent  of  involuntary  servitude  ;  for,  should  slaves  become  much  more  numer 
ous,  and,  conscious  of  their  strength,  draw  the  sword  against  their  masters,  it 
will  be  to  the  free  states  the  masters  must  resort  for  an  efficient  power  to  sup 
press  servile  insurrection.  But  we  have  made  a  treaty  with  France,  which,  we 
are  told,  can  only  be  preserved  by  the  charms  of  slavery. 

Sir,  said  Mr.  L.,  until  the  ceded  territory  shall  have  been  made  into  states, 
and  the  new  states  admitted  into  the  Union,  we  can  do  what  we  will  with  it 


PROCEEDINGS.  477 

We  can  govern  it  as  a  province,  or  sell  it  to  any  other  nation.  A  part  of  it 
is  probably  at  this  time  sold  to  Spain,  and  the  inhabitants  of  it  may  soon  not 
only  enjoy  the  comforts  of  slavery,  but  the  blessings  of  the  holy  inquisition 
along  with  them.  The  question  is  on  the  admission  of  Missouri,  as  a  state, 
into  the  Union.  Surely  it  will  not  be  contended  that  we  are  bound  by  the 
treaty  to  admit  it.  The  treaty-making  power  does  not  extend  so  far.  Can 
the  president  and  senate,  by  a  treaty  with  Great  Britain,  make  the  province  of 
Lower  Canada  a  state  of  this  Union  ?  To  be  received  as  a  state  into  this 
Union,  is  a  privilege  which  no  country  can  claim  as  a  right.  It  is  a  favor  to 
be  granted  or  not,  as  the  United  States  may  choose.  When  the  United  States 
think  proper  to  grant  a  favor,  they  may  annex  just  and  reasonable  terms :  and 
what  can  be  more  reasonable  than  for  these  states  to  insist  that  a  new  territory, 
wishing  to  have  the  beneffts  of  freedom  extended  to  it,  should  renounce  a  prin 
ciple  that  militates  with  justice,  morality,  religion,  and  every  essential  right  of 
mankind  ?  Louisiana  was  admitted  into  the  Union  on  terms.  The  conditions, 
I  admit,  were  not  very  important,  but  still  they  recognize  the  principles  for 
which  I  contend. 

An  opportunity  is  now  presented,  if  not  to  diminish,  at  least  to  prevent  the 
growth  of  a  sin  which  sits  heavily  on  the  soul  of  every  one  of  us.  By  em 
bracing  this  opportunity,  we  may  retrieve  the  national  character,  and,  in  some 
degree,  our  own.  But  if  we  suffer  it  to  pass  unimproved,  let  us  at  least  be 
consistent,  and  declare  that  our  constitution  was  made  to  impose  slavery,  and 
not  to  establish  liberty.  Let  us  no  longer  tell  idle  tales  about  the  gradual  abo 
lition  of  slavery ;  away  with  colonization  societies,  if  their  design  is  only  to 
rid  us  of  free  blacks  and  turbulent  slaves ;  have  done  also  with  bible  societies, 
whose  views  are  extended  to  Africa  and  the  East  Indies,  while  they  overlook 
the  deplorable  condition  of  their  sable  brethren  within  our  own  borders ;  make 
no  more  laws  to  prohibit  the  importation  of  slaves,  for  the  world  must  see  that 
the  object  of  such  laws  is  alone  to  prevent  the  glutting  of  a  prodigious  market 
for  the  flesh  and  blood  of  man,  which  we  are  about  to  establish  in  the  west, 
and  to  enhance  the  price  of  sturdy  wretches,  reared,  like  black  cattle  and  horses, 
for  sale  on  our  own  plantations. 

On  coming  out  of  the  committee,  the  yeas  and  nays  were  called  on  the  ques 
tion  of  agreeing  to  the  first  part  of  the  amendment,  which  reads, 

"  And  provided  also,  that  the  further  introduction  of  slavery  or  involuntary 
servitude  be  prohibited,  except  for  the  punishment  of  crimes,  whereof  the  party 
shall  be  duly  convicted;" 

Yeas,  87  ;  only  one  from  a  slave  state,  the  state  of  Delaware — nays,  16  ; 
ten  from  free  states,  and  sixty-six  from  slave  states.  The  house  proceeded  to 
vote  on  the  residue  of  the  proposed  amendment,  which  reads, 

— "  and  that  all  children  of  slaves,  born  within  the  said  state,  after  the  admis 
sion  thereof  into  the  Union,  shall  be  declared  free  at  the  age  of  twenty-five  years." 

Yeas, 82  ;  one  vote  from  Maryland — nays,  78  ;  fourteen  from  free  states.  So 
the  whole  amendment — as  moved  by  Gen.  Tallmadge  in  committee  of  the 
whole,  and  there  carried — was  sustained  when  reported  to  the  house. 


478  PROCEEDINGS. 

Mr.  Storrs,  of  New  York,  (opposed  to  the  restriction,)  now  moved  the  strik. 
ing  out  of  so  much  of  the  bill  as  provides  that  the  new  state  shall  be  admitted 
into  the  Union  "  on  an  equal  footing  with  the  original  states  " — which,  he  con 
tended,  was  nullified  by  the  votes  just  taken.  The  house  negatived  the  mo 
tion. 

Messrs.  Desha,  of  Ky.,  Cobb,  of  Ga.,  and  Rhea,  of  Tenn.,  declared  against 
the  bill  as  amended. 

Messrs.  Scott,  of  Mo.,  and  Anderson,  of  Ky.,  preferred  the  bill  as  amended 
to  none. 

The  house  ordered  the  bill,  as  amended,  to  a  third  reading ;  yeas,  98 ;  nays, 
56.  The  bill  thus  passed  the  house  next  day,  and  was  sent  to  the  senate. 

The  house  bill  thus  passed,  reached  the  senate  Feb.  17th,  when  it  was  read 
twice  and  sent  to  a  select  committee  already  raised  on  a  like  application  from 
Alabama,  consisting  of  Messrs.  Tait,  of  Ga.,  Morrow,  of  Ohio,  Williams,  of 
Miss.,  Edwards,  of  111.,  Williams,  of  Tenn. 

On  the  22d,  Mr.  Tait,  from  this  committee,  reported  the  bill  with  amend 
ments,  striking  out  the  anti-slavery  restrictions  inserted  by  the  house.  The  bill 
was  taken  up  in  committee  of  the  whole  on  the  27th,  when  Mr.  Wilson,  of  N. 
J.,  moved  its  postponement  to  the  5th  of  March — that  is,  to  the  end  of  the 
session — negatived :  yeas,  14 ;  nays,  23. 

The  senate  then  proceeded  to  vote  on  agreeing  to  the  amendments  reported 
by  the  select  committee,  viz. :  1.  to  strike  out  of  the  house  bill  the  following : 

"  And  that  all  children  of  slaves  born  within  the  said  state,  after  the  admis 
sion  thereof  into  the  Union,  shall  be  free,  but  may  be  held  to  service  until  the 
age  of  twenty-one  years." 

This  clause  was  struck  out,  by  a  vote  of  27  to  7 ;  eleven  free  state  senators 
voting  in  favor  of  striking  it  out ;  the  seven  senators  who  voted  for  the  restric 
tion  were  all  from  free  states.  The  senate  then  proceeded  to  vote  on  the  resi 
due  of  the  house  restriction,  as  follows  : 

"  And  provided  also,  that  the  further  introduction  of  slavery  or  involuntary 
servitude  be  prohibited,  except  for  the  punishment  of  crimes,  whereof  the  party 
shall  have  been  duly  convicted." 

For  striking  out  this  restriction,  22 — five  of  whom  were  from  free  states : 
against  striking  out,  16 — all  from  free  states. 

The  bill  thus  amended  was  ordered  to  be  engrossed,  and  was  (March  2d — 
last  day  but  one  of  the  session)  read  a  third  time,  and  passed  without  a  divis 
ion.  The  bill  was  on  that  day  returned  to  the  house,  and  the  amendments  of 
the  senate  read ;  whereupon,  Mr.  Tallmadge,  of  N.  Y.,  moved  that  the  bill  be 
postponed  indefinitely.  Yeas,  69  ;  nays,  74. 

The  vote  was  then  taken  on  concurring  in  the  senate's  amendments,  as  afore 
said,  and  the  house  refused  to  concur  Yeas,  76 ;  nays,  78. 

The  bill  was  now  returned  to  the  senate,  with  a  message  of  non-concurrence ; 
when  Mr.  Tait  moved  that  the  senate  adhere  to  its  amendment,  which  was  car 
ried  without  a  division  The  bill  being  thus  remanded  to  the  house,  Mr.  Tay 
lor,  of  N.  Y.;  moved  that  the  house  adhere  to  its  disagreement,  which  pre- 


ARKANSAS  TERRITORY.  479 

vailed.  Yeas,  18 ;  nays,  66.  So  the  bill  fell  between  the  two  houses,  and 
was  lost. 

The  southern  portion  of  the  then  territory  of  Missouri  was  excluded  from 
the  proposed  state  of  Missouri,  and  organized  as  a  separate  territory,  and  en 
titled  the  Arkansas  territory.  This  bill  being  under  consideration,  Mr.  John 
W.  Taylor,  of  New  York,  moved  that  the  foregoing  restriction  be  applied  to 
it  also.  In  the  course  of  the  debate,  Mr.  Taylor  said :  "  How  often  and  how 
eloquently  have  I  heard  southern  gentlemen  deplore  the  existence  of  slavery  ! 
What  willingness,  nay,  what  solicitude  have  they  not  manifested  to  be  relieved 
from  this  burden  1  How  have  they  wept  over  the  unfortunate  policy  that  first 
introduced  slaves  into  this  country  1  How  have  they  disclaimed  the  guilt  and 
shame  of  that  original  sin,  and  thrown  it  back  on  their  ancestors  !  I  have 
heard  with  pleasure  this  avowal  of  regret,  I  have  confided  in  its  sincerity,  and 
have  hoped  to  see  its  effects  in  the  advancement  of  the  cause  of  humanity. 
Gentlemen  have  now  an  opportunity  of  putting  their  professions  into  practice. 
If  they  have  tried  slavery,  and  found  it  to  be  a  curse ;  if  they  desire  to  dissi 
pate  the  gloom  with  which  it  covers  their  land,  I  call  upon  them  to  exclude  it 
from  the  territory  in  question.  Plant  not  its  seeds  in  this  uncorrupt  soil  1  Let 
not  our  children,  in  looking  back  to  the  proceedings  of  this  day,  say  of  them, 
as  we  have  been  constrained  to  say  of  our  fathers,  we  wish  their  decision 
had  been  different ;  we  regret  the  existence  among  us  of  this  unfortunate  pop 
ulation  ;  but  we  found  them  here ;  we  know  not  what  to  do  with  them  ;  it  is 
our  misfortune  ;  we  must  bear  it  with  patience ! 

"  To  the  objection  that  the  amendment,  if  adopted,  will  diminish  the  value 
of  a  species  of  property  in  one  portion  of  the  Union,  and  thereby  operate  un 
equally,  I  reply,  that  if,  by  depriving  slaveholders  of  the  Missouri  market,  the 
business  of  raising  slaves  should  become  less  profitable,  it  would  be,  not  the 
object  of  this  measure,  but  an  effect  incidentally  produced.  The  law  prohibit 
ing  the  importation  of  foreign  slaves  was  not  passed  to  enhance  the  value  of 
those  then  in  the  country,  yet  it  incidentally  produced  that  effect  to  a  very  great 
degree.  The  exclusion  of  .slavery  from  Missouri  may  operate,  perhaps,  to  some 
extent,  to  retard  a  further  advance.  But  surely,  when  gentlemen  consider  the 
present  demand,  and  the  vast  extent  of  country  in  Louisiana,  Mississippi,  and 
Alabama  requiring  a  supply,  they  ought  not  to  oppose  its  exclusion  from  the 
territory  in  question. 

"  But  it  is  further  objected  that  the  amendment  is  calculated  to  disfranchise 
our  brethren  from  the  south  by  discouraging  their  emigration  to  the  country 
west  of  the  Mississippi.  If  it  were  proposed  to  discriminate  between  citizens 
of  the  different  sections  of  our  Union,  and  to  allow  a  Pennsylvanian  to  hold 
slaves  there  while  that  power  was  denied  to  a  Virginian,  the  objection  might 
very  properly  be  made.  But  when  we  place  all  upon  an  equal  footing,  deny 
ing  to  all  what  we  deny  to  one,  I  am  unable  to  discover  the  injustice  or  in 
equality  of  which  honorable  gentlemen  have  thought  proper  to  complain.  The 
description  of  immigrants  may  in  some  measure  be  affected  by  the  amendment. 
If  slavery  shall  be  tolerated,  the  country  will  be  settled  by  rich  planters  with 


480  ARKANSAS  TERRITORY  ORGANIZED. 

their  slaves.  If  it  shall  be  rejected,  the  emigrants  will  chiefly  consist  of  the 
poorer  and  more  laborious  classes  of  society.  If  it  be  true  that  the  prosperity 
and  happiness  of  a  country  ought  to  constitute  the  great  object  of  its  legisla 
tors,  I  can  not  hesitate  for  a  moment  which  species  of  population  deserves  most 
to  be  encouraged.  In  their  zeal  to  oppose  the  amendment,  gentlemen  seem  to 
have  considered  but  one  side  of  the  case.  If  the  prohibition  of  slavery  will 
tend  to  discourage  migration  from  the  south,  will  not  its  admission  have  the 
same  effect  with  relation  to  the  north  and  east  ?  Whence  came  the  people, 
who,  with  a  rapidity  never  before  witnessed,  have  changed  the  wilderness  be 
tween  the  Ohio  and  the  Mississippi  into  fruitful  fields,  erecting  there,  within  a 
period  almost  too  short  for  the  credence  of  future  ages,  three  of  the  freest  and 
most  flourishing  states  of  the  Union  ?  They  came,  sir,  from  the  eastern  hive, 
from  that  source  of  population,  which,  in  the  same  time,  has  added  more  than 
a  hundred  thousand  inhabitants  to  my  own  native  state,  besides  furnishing  sea 
men  for  a  large  portion  of  the  navigation  of  the  world ;  seamen  who  have  un 
furled  your  banner  in  every  port  to  which  the  enterprise  of  man  has  gained 
admittance,  and  who,  though  poor  themselves,  have  drawn  rich  treasures  for 
the  nation  from  the  bosom  of  the  deep.  Do  you  believe  that  these  people  will 
settle  in  a  country  where  they  must  take  rank  with  negro  slaves  ?  Having 
neither  the  will  nor  the  ability  to  hold  slaves  themselves,  they  labor  cheerfully 
while  labor  is  honorable.  Make  it  disgraceful,  they  will  despise  it.  You  can 
not  degrade  it  more  effectually  than  by  establishing  a  system  whereby  it  shall 
De  performed  principally  by  slaves.  The  business  in  which  slaves  are  princi 
pally  engaged,  be  it  what  it  may,  soon  becomes  debased  in  public  estimation. 
It  is  considered  low,  and  unfit  for  freemen.  Can  I  better  illustrate  this  truth 
than  by  referring  to  a  remark  of  the  gentleman  from  Kentucky  (Clay)  ?  I 
have  often  admired  the  liberality  of  his  sentiments.  He  is  governed  by  no 
vulgar  prejudices.  Yet  with  what  abhorrence  did  he  speak  of  the  performance 
by  our  wives  and  daughters  of  those  domestic  duties  which  he  was  pleased  to 
call  servile  !  What  comparison  did  he  make  between  the  black  slaves  of  Ken 
tucky  and  the  white  slaves  of  the  north,  and  how  instantly  did  he  strike  the 
balance  in  favor  of  the  condition  of  the  former  I  If  such  opinions  and  expres 
sions  can  fall,  even  in  the  ardor  of  debate,  from  that  gentleman,  what  ideas  do 
you  suppose  are  entertained  of  laboring  men  by  the  generality  of  slavehold 
ers  ?  A  gentleman  from  Virginia  replies  that  they  are  treated  with  confidence 
and  esteem,  and  their  rights  respected.  I  did  not  imagine  that  they  were  put 
out  of  the  protection  of  the  law.  Their  persons  and  property  are  doubtless 
secure  from  violence,  or,  if  injured,  the  courts  of  justice  are  open  to  them.  But 
in  a  country  like  this,  where  the  people  are  sovereign,  and  every  citizen  is  en 
titled  to  equal  rights,  the  mere  exemption  from  flagrant  wrongs  is  no  great 
privilege.  No  class  of  freemen  should  be  excluded  in  this  country,  either  by 
law,  or  by  the  ostracism  of  public  opinion,  more  powerful  than  law,  from  com 
peting  for  offices  and  political  distinctions.  A  humane  master  will  respect  the 
rights  of  his  slave,  and,  if  worthy,  will  honor  him  with  confidence  and  esteem. 
And  it  is  this  same  measure,  as  I  apprehend,  that  is  dealt  out  in  slaveholding 


THE  NORTH  AROUSED.  481 

states  to  the  laboring  class  of  their  white  population.  But  whom  of  that  class 
have  they  ever  called  to  fill  stations  of  any  considerable  responsibility  ?  When 
have  we  seen  a  representative  on  this  floor  from  that  section  of  our  Union  who 
was  not  a  slaveholder  ?  Who  but  slaveholders  are  elected  to  their  state  legis 
latures  ?  Who  but  they  are  appointed  to  fill  their  executive  or  judicial  of 
fices  ?  I  appeal  to  gentlemen  whether  the  selection  of  one  who  labors  with  his 
own  hands,  however  well  educated,  would  not  be  considered  an  extraordinary 
event  ?  For  this  I  do  not  reproach  my  brethren  of  the  south.  They  doubt 
less  choose  those  to  represent  them  in  whom  they  most  confide,  and  far  be  it 
from  me  to  intimate  that  their  confidence  is  ever  misplaced.  But  my  objection 
is  to  the  introduction  of  a  system  which  can  not  but  produce  the  effect  of  ren 
dering  labor  disgraceful."  * 

The  clause  proposing  that  slaves  born  in  the  territory  after  the  passage  of 
the  act  shall  be  free  at  twenty-five  years  of  age,  was  carried,  February  IT,  by 
a  vote  of  75  yeas  to  73  nays.  The  clause  providing  against  the  farther  intro 
duction  of  slaves  into  the  territory  was  lost  by  a  vote  of  70  yeas  to  71  nays. 
On  the  next  day,  however,  the  clause  adopted  was  stricken  out,  and  the  bill 
finally  passed  without  any  allusion  to  slavery.  When  the  bill  reached  the  sen 
ate,  Roberts,  of  Pennsylvania,  moved  to  insert  a  prohibition  of  slavery,  which 
failed  by  a  vote  of  19  to  14.  Arkansas  became  a  slave  territory  and  ultimate 
ly  a  slave  state  in  1836. 

The  discussions  in  con'gress  on  the  extension  of  slavery  beyond  the  Missis 
sippi  aroused  the  anti-slavery  sentiment  of  the  north.  Public  meetings  were 
held  in  Trenton,  Philadelphia,  New  York,  Boston,  Salem,  and  other  northern 
cities  and  towns,  democrats  and  federalists  cooperating,  and  committees  were 
appointed  to  address  the  people.  The  state  legislatures  freely  expressed  their 
opinions.  Pennsylvania  made  a  solemn  appeal  to  the  states  "  to  refuse  to  cov 
enant  with  crime,"  and  by  a  declaration  that  it  was  the  duty  as  well  as  the 
right  of  congress  to  prohibit  slavery  west  of  the  Mississippi.  New  Jersey 
and  Delaware  followed,  both  also  unanimously.  New  York,  Ohio,  and  Indi 
ana  indorsed  the  same  doctrine.  The  New  England  legislatures  remained 
silent,  but  memorials  were  sent  to  congress  from  towns  and  cities  in  favor  of 
freedom.  Virginia,  Kentucky,  and  Maryland  were  as  earnest  on  the  other 
side.  The  city  of  Baltimore,  however,  memorialized  congress  against  the  ex 
tension  of  slavery,  at  a  meeting  over  which  the  mayor  presided. 

At  a  meeting  of  the  citizens  of  Boston  and  vicinity,  held  at  the  state  house, 
in  December,  1819,  a  vote  was  passed  to  memorialize  congress  on  the  subject 
of  "  restraining  the  increase  of  slavery  in  new  states  to  be  admitted  into  the 
CTnion."  In  pursuance  of  the  vote  the  following  memorial,  drawn  up  by  Dan 
iel  Webster,  was  presented  to  congress : 

"  To  the  senate  and  house  of  representatives  of  the  United  States  in  con 
gress  assembled: 

"  The  undersigned,  inhabitants  of  Boston  and  its  vicinity,  beg  leave  most 
respectfully  and  humbly  to  represent :  that  the  question  of  the  introduction  of 
slavery  into  the  new  states  to  be  formed  on  the  west  side  of  the  Mississippi 


482  ,  WEBSTER  MEMORIAL. 

river,  appears  to  them  to  be  a  question  of  the  last  importance  to  the  future 
welfare  of  the  United  States  If  the  progress  of  this  great  evil  is  ever  to  be 
arrested,  it  seems  to  the  undersigned  that  this  is  the  time  to  arrest  it.  A  false 
step  taken  now,  cannot  be  retraced ;  and  it  appears  to  us  that  the  happiness 
of  unborn  millions  rests  on  the  measure  which  congress  on  this  occasion  may 
adopt.  Considering  this  as  no  local  question,  nor  a  question  to  be  decided  by 
a  temporary  expediency,  but  as  involving  great  interests  of  the  whole  United 
States,  and  affecting  deeply  and  essentially  those  objects  of  common  defense, 
general  welfare,  and  the  perpetuation  of  the  blessings  of  liberty,  for  which  the 
constitution  itself  was  formed,  we  have  presumed,  in  this  way,  to  offer  our  sen 
timents  and  express  our  wishes  to  the  national  legislature.  And  as  various 
reasons  have  been  suggested  against  prohibiting  slavery  in  the  new  states,  it 
may  perhaps  be  permitted  to  us  to  state  our  reasons,  both  for  believing  that 
congress  possesses  the  constitutional  power  to  make  such  prohibition  a  condi 
tion,  on  the  admission  of  a  new  state  into  the  Union,  and  that  it  is  just  and 
proper  that  they  should  exercise  that  power. 

"And  in  the  first  place,  as  to  the  constitutional  authority  of  congress.  The 
constitution  of  the  United  States  has  declared  'that  congress  shall  have  power 
to  dispose  of  and  make  all  needful  rules  and  regulations  respecting  the  terri 
tory  or  other  property  belonging  to  the  United  States ;  and  nothing  in  this 
constitution  shall  be  so  construed  as  to  prejudice  the  claims  of  the  United 
States  or  of  any  particular  state.'  It  is  very  well  known  that  the  saving  in 
this  clause  of  the  claims  of  any  particular  state  was  designed  to  apply  to 
claims  by  the  then  existing  states,  of  territory  which  was  also  claimed  by  the 
United  States  as  their  own  property.  It  has,  therefore,  no  bearing  on  the 
present  question.  The  power,  then,  of  congress  over  its  own  territories,  is, 
by  the  very  terms  of  the  constitution,  unlimited.  It  may  make  all  '  needful 
rules  and  regulations,'  which  of  course  include  all  such  regulations  as  its  own 
views  of  policy  or  expediency  shall,  from  time  to  time,  dictate.  If,  therefore, 
in  its  judgment  it  be  needful  for  the  benefit  of  a  territory  to  enact  a  prohibi 
tion  of  slavery,  it  would  seem  to  be  as  much  within  its  power  of  legislation  as 
any  other  act  of  local  policy.  Its  sovereignty  being  complete  and  universal 
as  to  the  territory,  it  may  exercise  over  it  the  most  ample  jurisdiction  in  every 
respect.  It  possesses,  in  this  view,  all  the  authority  which  any  state  legisla 
ture  possesses  over  its  own  territory ;  and  if  any  state  legislature  may,  in  its 
discretion,  abolish  or  prohibit  slavery  within  its  own  limits,  in  virtue  of  its  gen 
eral  legislative  authority,  for  the  same  reason  congress  also  may  exercise  the 
like  authority  over  its  own  territories.  And  that  a  state  legislature,  unless  re 
strained  by  some  constitutional  provision,  may  so  do,  is  unquestionable,  and 
has  been  established  by  general  practice.  ***** 

"  The  creation  of  a  new  state  is,  in  effect,,  a  compact  between  congress  and 
the  inhabitants  of  the  proposed  state.  Congress  would  not  probably  claim 
the  power  of  compelling  the  inhabitants  of  Missouri  to  form  a  constitution  of 
their  own,  and  come  into  the  Union  as  a  state.  It  is  as  plain,  that  the  inhab 
itants  of  that  territory  have  no  right  of  admission  into  the  Union,  as  a  state, 


POWER  OF  CONGRESS.  483 

without  the  consent  of  congress.  Neither  party  is  bound  to  form  this  connec 
tion.  It  can  be  formed  only  by  the  consent  of  both.  What,  then,  prevents 
congress,  as  one  of  the  stipulating  parties,  to  propose  its  terms  ?  And  if  the 
other  party  assents  to  these  terms,  why  do  they  not  effectually  bind  both  par 
ties  ?  Or  if  the  inhabitants  of  the  territory  do  not  choose  to  accept  the  pro 
posed  terms,  but  prefer  to  remain  under  a  territorial  government,  has  congress 
deprived  them  of  any  right,  or  subjected  them  to  any  restraint,  which,  in  its 
discretion,  it  had  no  authority  to  do  ?  If  the  admission  of  new  states  be  not 
the  discretionary  exercise  of  a  constitutional  power,  but  in  all  cases  an  imper 
ative  duty,  how  is  it  to  be  performed  ?  If  the  constitution  means  that  con 
gress  shall  admit  new  states,  does  it  mean  that  congress  shall  do  this  on  every 
application  and  under  all  circumstances  ?  Or  if  this  construction  cannot  be 
admitted,  and  if  it  must  be  conceded  that  congress  must  in  some  respects  exer 
cise  its  discretion  on  the  admission  of  new  states,  how  is  it  to  be  shown  that 
that  discretion  may  not  be  exercised  in  regard  to  this  subject  as  well  as  in  re 
gard  to  others  ? 

"  The  constitution  declares,  '  that  the  migration  or  importation  of  such  per 
sons  as  any  of  the  states  now  existing  shall  think  proper  to  admit,  shall  not 
be  prohibited  by  the  congress  prior  to  the  year  1808.'  It  is  most  manifest 
that  the  constitution  does  contemplate,  in  the  very  terms  of  this  clause,  that 
congress  possesses  the  authority  to  prohibit  the  migration  or  importation  of 
slaves ;  for  it  limits  the  exercise  of  this  authority  for  a  specific  period  of  time, 
leaving  it  to  its  full  operation  ever  afterward.  And  this  power  seems  neces 
sarily  included  in  the  authority  which  belongs  to  congress,  '  to  regulate  com 
merce  with  foreign  nations  and  among  the  several  states.1  No  person  has 
ever  doubted  that  the  prohibition  of  the  foreign  slave-trade  was  completely 
within  the  authority  of  congress  since  the  year  1808.  And  why  ?  Certainly 
only  because  it  is  embraced  in  the  regulation  of  foreign  commerce  ;  and  if  so, 
it  may  for  the  like  reason  be  prohibited  since  that  period  between  the  states. 
Commerce  in  slaves,  since  the  year  1808,  being  as  much  subject  to  the  regula 
tion  of  congress  as  any  other  commerce,  if  it  should  see  fit  to  enact  that  no 
slave  should  ever  be  sold  from  one  state  to  another,  it  is  not  perceived  how  its 
constitutional  right  to  make  such  provision  could  be  questioned.  It  would 
seem  to  be  too  plain  to  be  questioned,  that  congress  did  possess  the  power, 
before  the  year  1808,  to  prohibit  the  migration  or  importation  of  slaves  into 
the  territories  (and  in  point  of  fact  it  exercised  that  power)  as  well  as  into  any 
new  states ;  and  that  its  authority,  after  that  year,  might  be  as  fully  exercised 
to  prevent  the  migration  or  importation  of  slaves  into  any  of  the  old  states. 
And  if  it  may  prohibit  new  states  from  importiug  slaves,  it  may  surely,  as  we 
humbly  submit,  make  it  a  condition  of  the  admission  of  such  states  into  the 
Union,  that  they  shall  never  import  them.  In  relation,  too,  to  its  own  territo 
ries,  congress  possesses  a  more  extensive  authority,  and  may,  in  various  other 
ways,  effect  the  object.  It  might,  for  example,  make  it  an  express  condition  of 
its  grants  of  soil,  that  its  owners  shall  never  hold  slaves  ;  and  thus  prevent  the 
possession  of  slaves  from  ever  being  connected  with  the  ownership  of  the  soil 


WEBSTER  MEMORIAL. 

"As  corroborative  of  the  views  which  have  been  already  suggested,  the  me 
morialists  would  respectfully  call  the  attention  of  congress  to  the  history  of 
the  national  legislation,  under  the  confederation  as  well  as  under  the  present 
constitution,  on  this  interesting  subject.  Unless  the  memorialists  greatly  mis 
take,  it  will  demonstrate  the  sense  of  the  nation,  at  every  period  of  its  legisla 
tion,  to  have  been,  that  the  prohibition  of  slavery  was  no  infringement  of  any 
just  rights  belonging  to  free  states,  and  was  not  incompatible  with  the  enjoy 
ments  of  all  the  rights  and  immunities  which  an  admission  into  the  Union  was 
supposed  to  confer. 

"  The  memorialists,  after  this  general  survey,  would  respectfully  ask  the  at 
tention  of  congress  to  the  state  of  the  question  of  the  right  of  congress  to 
prohibit  slavery  in  that  part  of  the  former  territory  of  Louisiana  which  now 
forms  the  Missouri  territory.  Louisiana  was  purchased  of  France  by  the 
treaty  of  the  30th  of  April,  1803.  The  third  article  of  that  treaty  is  as  fol 
lows  :  '  The  inhabitants  of  the  ceded  territory  shall  be  incorporated  into  the 
Union  of  the  United  States,  and  admitted  as  soon  as  possible,  according  to 
the  principles  of  the  federal  constitution,  to  the  enjoyment  of  all  the  rights, 
advantages,  and  immunities  of  the  citizens  of  the  United  States  ;  and  in  the 
mean  time  they  shall  be  maintained  and  protected  in  the  free  enjoyment  of  their 
liberty,  property,  and  the  religion  which  they  profess.' 

"Although  the  language  of  this  article  is  not  very  precise  or  accurate,  the 
memorialists  conceive  that  its  real  import  and  intent  cannot  be  mistaken.  The 
first  clause  provides  for  the  admission  of  the  ceded  territory  into  the  Union, 
and  the  succeeding  clause  shows  this  must  be  according  to  the  principles  of 
the  federal  constitution ;  and  this  very  qualification  necessarily  excludes 
the  idea  that  congress  were  not  to  be  at  liberty  to  impose  any  conditions 
upon  such  admission  which  were  consistent  with  the  principles  of  that  con 
stitution,  and  which  had  been,  or  might  justly  be,  applied  to  other  new 
states.  The  language  is  not  by  any  means  so  pointed  as  that  of  the  resolve 
of  1180  ;  and  yet  it  has  been  seen  that  that  resolve  was  never  supposed  to  in 
hibit  the  authority  of  congress,  as  to  the  introduction  of  slavery-.  And  it  is 
clear,  upon  the  plainest  rule  of  construction,  that  in  the  absence  of  all  restric 
tive  language,  a  clause,  merely  providing  for  the  admission  of  the  territory 
into  the  Union,  must  be  construed  to  authorize  an  admission  in  the  manner, 
and  upon  the  terms,  which  the  constitution  itself  would  justify.  This  construc 
tion  derives  additional  support  from  the  next  clause.  The  inhabitants  '  shall 
be  admitted  as  soon  as  possible,  according  to  the  principles  of  the  federal  con 
stitution,  to  the  enjoyment  of  all  the  rights,  advantages,  and  immunities  of 
citizens  of  the  United  States.'  The  rights,  advantages,  and  immunities  here 
spoken  of,  must,  from  the  very  force  of  the  terms  of  the  clause,  be  such  as  are 
recognized  or  communicated  by  the  constitution  of  the  United  States ;  such  as 
are  common  to  all  citizens,  and  are  uniform  throughout  the  United  States. 
The  clause  cannot  be  referred  to  rights,  advantages,  and  immunities  derived 
exclusively  from  the  state  government,  for  these  do  not  depend  upon  the  federal 
constitution.  Besides,  it  would  be  impossible  that  all  the  rights,  advantages, 


BIGHTS  OF  CITIZENS.  485 

and  immunities  of  citizens  of  the  United  States,  could  be  at  the  same  time  en 
joyed  by  the  same  persons.  These  rights  are  different  in  different  states  ;  a 
right  exists  in  one  state  which  is  denied  in  others,  or  is  repugnant  to  other 
rights  enjoyed  in  others.  In  some  of  the  states,  a  freeholder  alone  is  entitled 
to  vote  in  the  elections ;  in  some  a  qualification  of  personal  property  is  suffi 
cient  ;  and  in  others,  age  and  freedom  are  the  sole  qualifications  of  the  electors. 
In  some  states,  no  citizen  is  permitted  to  hold  slaves ;  in  others,  he  possesses 
that  power  absolutely  ;  in  others,  it  is  limited.  The  obvious  meaning,  there 
fore,  of  the  clause  is,  that  the  rights  derived  under  the  federal  constitution, 
shall  be  enjoyed  by  the  inhabitants  of  Louisiana  in  the  same  manner  as  by  the 
citizens  of  other  states.  The  United  States,  by  the  constitution,  are  bound  to 
guarantee  to  every  state  in  the  Union  a  republican  form  of  government ;  and 
the  inhabitants  of  Louisiana  are  entitled,  when  a  state,  to  this  guarantee. 
Each  state  has  a  right  to  two  senators,  and  two  representatives  according  to  a 
certain  enumeration  of  population,  pointed  out  in  the  constitution.  The  in 
habitants  of  Louisiana,  upon  their  admission  into  the  Union,  are  also  entitled 
to  these  privileges.  The  constitution  further  declares,  '  that  the  citizens  of 
each  state  shall  be  entitled  to  all  the  privileges  and  immunities  of  citizens  in 
the  several  states.'  It  would  seem  as  if  the  meaning  of  this  clause  could  not 
well  be  misinterpreted.  It  obviously  applies  to  the  case  of  the  removal  of  a 
citizen  of  one  state  to  another  state  ;  and  in  such  a  case  it  secures  to  the  mi 
grating  citizen  all  the  privileges  and  immunities  of  citizens  in  the  state  to 
which  he  removes.  It  cannot  surely  be  contended,  upon  any  rational  interpreta 
tion,  that  it  gives  to  the  citizens  of  each  state  all  the  privileges  and  immunities 
of  the  citizens  of  every  other  state,  at  the  same  time,  and  under  all  circum 
stances.  Such  a  construction  would  lead  to  the  most  extraordinary  conse 
quences.  It  would  at  once  destroy  all  the  fundamental  limitations  of  the  state 
constitutions  upon  the  rights  of  their  own  citizens  ;  and  leave  all  those  rights 
to  the  mercy  of  the  citizens  of  any  other  state,  which  should  adopt  different 
limitations.  According  to  this  construction,  if  all  the  state  constitutions,  save 
one,  prohibited  slavery,  it  would  be  in  the  power  of  that  single  state,  by  the 
admission  of  the  right  of  its  citizens  to  hold  slaves,  to  communicate  the  same 
right  to  the  citizens  of  all  the  other  states  within  their  own  exclusive  limits,  in 
defiance  of  their  own  constitutional  prohibitions ;  and  to  render  the  absurdity 
still  more  apparent,  the  same  construction  would  communicate  the  most  oppo 
site  and  irreconcilable  rights  to  the  citizens  of  different  states  at  the  same  time. 
It  seems,  therefore,  to  be  undeniable,  upon  any  rational  interpretation,  that 
this  clause  of  the  constitution  communicated  no  rights  in  any  state  which  its 
own  citizens  do  not  enjoy  ;  and  that  the  citizens  of  Louisiana,  upon  their  ad 
mission  into  the  Union,  in  receiving  the  benefit  of  this  clause,  would  not  enjoy 
higher  or  more  extensive  rights  than  the  citizens  of  Ohio.  It  would  commu 
nicate  to  the  former  no  right  of  holding  slaves  except  in  states  where  the  citi 
zens  already  possessed  the  same  right  under  their  own  state  constitutions  and 
laws. 

"  Upon  the  whole,  the  memorialists  would  most  respectfully  submit  that  the 


486  JUSTICE  OF  PROHIBITION. 

terms  of  the  constitution,  as  well  as  the  practice  of  the  government  under  it, 
must,  as  they  hnmbly  conceive,  entirely  justify  the  conclusion  that  congress 
may  prohibit  the  further  introduction  of  slavery  into  its  own  territories,  and 
also  make  such  prohibition  a  condition  of  the  admission  of  any  new  state  into 
the  Union. 

"  If  the  constitutional  power  of  congress  to  make  the  proposed  prohibition 
be  satisfactorily  shown,  the  justice  and  policy  of  such  prohibition  seem  to  the 
undersigned  to  be  supported  by  plain  and  strong  reasons.  The  permission  of 
slavery  in  a  new  state,  necessarily  draws  after  it  an  extension  of  that  inequal 
ity  of  representation,  which  already  exists  in  regard  to  the  original  states.  It 
cannot  be  expected  that  those  of  the  original  states,  which  do  not  hold  slaves, 
can  look  on  such  an  extension  as  being  politically  just.  As  between  the  orig 
inal  states,  the  representation  rests  on  compact  and  plighted  faith ;  and  your 
memorialists  have  no  wish  that  that  compact  should  be  disturbed,  or  that 
plighted  faith  in  the  slightest  degree  violated.  But  the  subject  assumes  an  en 
tirely  different  character,  when  a  new  state  proposes  to  be  admitted.  With 
her  there  is  no  compact,  and  no  faith  plighted ;  and  where  is  the  reason  that 
she  should  come  into  the  Union  with  more  than  an  equal  share  of  political  im 
portance  and  political  power  ?  Already  the  ratio  of  representation,  established 
by  the  constitution,  has  given  to  the  states  holding  slaves  twenty  members  of 
the  house  of  representatives  more  than  they  would  have  been  entitled  to,  ex 
cept  under  the  particular  provision  of  the  constitution.  In  all  probability,  this 
number  will  be  doubled  in  thirty  years.  Under  these  circumstances,  we  deem 
it  not  an  unreasonable  expectation  that  the  inhabitants  of  Missouri  should  pro 
pose  to  come  into  the  Union,  renouncing  the  right  in  question,  and  establish 
ing  a  constitution  prohibiting  it  for  ever.  Without  dwelling  on  this  topic,  we 
have  still  thought  it  our  duty  to  present  it  to  the  consideration  of  congress. 
We  present  it  with  a  deep  and  earnest  feeling  of  its  importance,  and  we  re 
spectfully  solicit  for  it  the  full  consideration  of  the  national  legislature. 

"  Your  memorialists  were  not  without  the  hope  that  the  time  had  at  length 
arrived  when  the  inconvenience  and  the  danger  of  this  description  of  popula 
tion  had  become  apparent  in  all  parts  of  this  country,  and  in  all  parts  of  the 
civilized  world.  It  might  have  been  hoped  that  the  new  states  themselves 
would  have  had  such  a  view  of  their  own  permanent  interests  and  prosperity 
as  would  have  led  them  to  prohibit  its  extension  and  increase.  The  wonderful 
increase  and  prosperity  of  the  states  north  of  the  Ohio  is  unquestionably  to  be 
ascribed,  in  a  great  measure,  te  the  consequences  of  the  ordinance  of  1T8T  ; 
and  few,  indeed,  are  the  occasions,  in  the  history  of  nations,  in  which  so  much 
can  be  done,  by  a  single  act,  for  the  benefit  of  future  generations,  as  was  done 
by  that  ordinance,  and  as  may  now  be  done  by  the  congress  of  the  United 
States.  We  appeal  to  this  justice  and  to  the  wisdom  of  the  national  councils 
to  prevent  the  further  progress  of  a  great  and  serious  evil.  We  appeal  to 
those  who  look  forward  to  the  remote  consequences  of  their  measures,  and  who 
cannot  balance  a  temporary  or  trifling  convenience,  if  there  were  such,  against 
a  permanent,  growing,  and  desolating  evil.  We  cannot  forbear  to  remind  the 


NEW  YORK  EOSOLUTIONS.  487 

two  houses  of  congress  that  the  early  and  decisive  measures  adopted  by  the 
American  government  for  the  abolition  of  the  slave-trade,  are  among  the 
proudest  memorials  of  our  nation's  glory.  That  slavery  was  ever  tolerated  in 
the  republic  is,  as  yet,  to  be  attributed  to  the  policy  of  another  government. 
No  imputation,  thus  far,  rests  on  any  portion  of  the  American  confederacy. 
The  Missouri  territory  is  a  new  country.  If  its  extensive  and  fertile  fields  shall 
be  opened  as  a  market  for  slaves,  the  government  will  seem  to  become  a 
party  to  a  traffic  which,  in  so  many  acts,  through  so  many  years,  it  has  de 
nounced  as  impolitic,  unchristian,  inhuman.  To  enact  laws  to  punish  the  traf 
fic,  and,  at  the  same  time,  to  tempt  cupidity  and  avarice  by  the  allurements  of 
an  insatiable  market,  is  inconsistent  and  irreconcilable.  Government,  by  such 
a  course,  would  only  defeat  its  own  purposes,  and  render  nugatory  its  own 
measures.  Nor  can  the  laws  derive  support  from  the  manners  of  the  people, 
if  the  power  of  moral  sentiment  be  weakened  by  enjoying,  under  the  permis 
sion  of  government,  great  facilities  to  commit  offenses.  The  laws  of  the 
United  States  have  denounced  heavy  penalties  against  the  traffic  in  slaves,  be 
cause  such  traffic  is  deemed  unjust  and  inhuman.  We  appeal  to  the  spirit  of 
these  laws ;  we  appeal  to  this  justice  and  humanity ;  we  ask  whether  they 
ought  not  to  operate,  on  the  present  occasion,  with  all  their  force  ?  We  have 
a  strong  feeling  of  the  injustice  of  any  toleration  of  slavery.  Circumstances 
have  entailed  it  on  a  portion  of  our  community,  which  cannot  be  immediately 
relieved  from  it  without  consequences  more  injurious  than  the  suffering  of  the 
evil.  But  to  permit  it  in  a  new  country,  where  yet  no  habits  are  formed  which 
render  it  indispensable,  what  is  it,  but  to  encourage  that  rapacity,  and  fraud, 
and  violence,  against  which  we  have  so  long  pointed  the  denunciations  of  our 
penal  code  ?  What  is  it,  but  to  tarnish  the  proud  fame  of  the  country  ?  What 
is  it,  but  to  throw  suspicion  on  its  good  faith,  and  to  render  questionable  all 
its  professions  of  regard  for  the  rights  of  humanity  and  the  liberties  of  man 
kind  ? 

"As  inhabitants  of  a  free  country — as  citizens  of  a  great  and  rising  repub 
lic — as  members  of  a  Christian  community — as  living  in  a  liberal  and  enlightened 
age,  and  as  feeling  ourselves  called  upon  by  the  dictates  of  religion  and  hu 
manity,  we  have  presumed  to  offer  our  sentiments  to  congress  on  this  question, 
with  a  solicitude  for  the  event  far  beyond  what  a  common  occasion  could  in 
spire." 

On  the  17th  January,  1820,  the  legislature  of  New  York  passed  the  fol 
lowing  resolutions  unanimously : 

"  WHEREAS,  The  inhibiting  the  further  extension  of  slavery  in  these  United 
States  is  a  subject  of  deep  concern  among  the  people  of  this  state  ;  and  whereas, 
we  consider  slavery  as  an  evil  much  to  be  deplored ;  and  that  every  constitu 
tional  barrier  should  be  interposed  to  prevent  its  further  extension  ;  and  that 
the  constitution  of  the  United  States  clearly  gives  congress  the  right  to  require 
of  new  states,  not  comprised  with  the  original  boundaries  of  these  United 
States,  the  prohibition  of  slavery,  as  a  condition  of  its  admission  into  the 
Union:  therefore, 


488  NEW  JERSEY  RESOLUTIONS. 

"Resolved,  That  our  senators  be  instructed,  and  our  representatives  in  con 
gress  be  requested,  to  oppose  the  admission,  as  a  state,  into  the  Union,  any 
territory  not  comprised  as  aforesaid,  without  making  the  prohibition  of  slavery 
therein  an  indispensable  condition  of  admission  :  therefore, 

"Resolved,  That  measures  be  taken  by  the  clerks  of  the  senate  and  assembly 
of  this  state,  to  transmit  copies  of  the  preceding  resolution  to  each  of  our 
senators  and  representatives  in  congress." 

The  following  resolutions  of  the  state  of  New  Jersey  were  communicated 
to  congress,  by  Mr.  Wilson,  of  N.  J.,  on  the  24th  January,  1820: 

"WHEREAS,  A  bill  is  now  depending  in  the  congress  of  the  United  States, 
on  the  application  of  the  people  in  the  territory  of  Missouri  for  the  admission 
of  that  territory  as  a  state  into  the  Union,  not  containing  provisions  against 
slavery  in  such  proposed  state,  and  a  question  is  made  upon  the  right  and  ex 
pediency  of  such  provision. 

"  The  representatives  of  the  people  of  New  Jersey,  in  the  legislative  council 
and  general  assembly  of  the  said  state,  now  in  session,  deem  it  a  duty  they  owe 
to  themselves,  their  constituents,  and  posterity,  to  declare  and  make  known  the 
opinions  they  hold  upon  this  momentous  subject:  and, 

"1.  They  do  resolve  and  declare,  That  the  further  admission  of  territories 
into  the  Union,  without  restriction  of  slavery,  would,  in  their  opinion,  essenti 
ally  impair  the  right  of  this  and  other  existing  states  to  equal  representation 
in  congress  (a  right  at  the  foundation  of  the  political  compact),  inasmuch  as 
such  newly-admitted  slaveholding  state  would  be  represented  on  the  basis  of 
their  slave  population ;  a  concession  made  at  the  formation  of  the  constitution 
in  favor  of  the  then  existing  states,  but  never  stipulated  for  new  states,  nor  to 
be  inferred  from  any  article  or  clause  in  that  instrument. 

"2.  Resolved,  That  to  admit  the  territory  of  Missouri  as  a  state  into  the 
Union,  without  prohibiting  slavery  there,  would,  in  the  opinion  of  the  repre 
sentatives  of  the  people  of  New  Jersey  aforesaid,  be  no  less  than  to  sanction 
this  great  political  and  moral  evil,  furnish  the  ready  means  of  peopling  a  vast 
territory  with  slaves,  and  perpetuate  all  the  dangers,  crimes,  and  pernicious 
effects  of  domestic  bondage. 

"3.  Resolved,  As  the  opinion  of  the  representatives  aforesaid,  that  inasmuch 
as  no  territory  has  a  right  to  be  admitted  into  the  Union,  but  on  the  principles 
of  the  federal  constitution,  and  only  by  a  law  of  congress,  consenting  thereto 
on  the  part  of  the  existing  states,  congress  may  rightfully,  and  ought  to  re 
fuse  such  law,  unless  upon  the  reasonable  and  just  conditions,  assented  to  on 
the  part  of  the  people  applying  to  become  one  of  the  states. 

"4.  Resolved,  In  the  opinion  of  the  representatives  aforesaid,  that  the 
article  of  the  constitution  which  restrains  congress  from  prohibiting  the  migra 
tion  or  importation  of  slaves,  until  after  the  year  1808,  does,  by  necessary  im 
plication,  admit  the  general  power  of  congress  over  the  subject  of  slavery,  and 
concedes  to  them  the  right  to  regulate  and  restrain  such  migration  and  impor 
tation  after  that  time,  into  the  existing,  or  any  newly  to  be  created  state. 

"5.  Resolved,  As  the  opinion  of  the  representatives  of  the  people  of  New 


PENNSYLVANIA  RESOLUTIONS.  489 

Jersey  aforesaid,  that  inasmuch  as  congress  have  a  clear  right  to  refuse  the 
admission  of  a  territory  into  the  Union,  by  the  terms  of  the  constitution,  they 
ought,  in  the  present  case,  to  exercise  that  absolute  discretion  in  order  to  pre 
serve  the  political  rights  of  the  several  existing  states,  and  prevent  the  great 
national  disgrace  and  multiplied  mischiefs  which  must  ensue  from  conceding  it, 
as  a  matter  of  right,  in  the  immense  territories  yet  to  claim  admission  into  the 
Union,  beyond  the  Mississippi,  that  they  may  tolerate  slavery. 

"6.  Resolved,  (with  the  concurrence  of  council),  That  the  governor  of  this 
state  be  requested  to  transmit  a  copy  of  the  foregoing  resolutions  to  each  of 
the  senators  and  representatives  of  this  state  in  the  congress  of  the  United 
States." 

The  following  preamble  and  resolutions  were  unanimously  adopted  In  the 
legislature  of  Pennsylvania,  Dec.  16, 1819: 

"The  senate  and  house  of  representatives  of  the  commonwealth  of  Pennsyl 
vania,  while  they  cherish  the  right  of  the  individual  states  to  express  their 
opinion  upon  all  public  measures  proposed  in  the  congress  of  the  Union,  are 
aware  that  its  usefulness  must  in  a  great  degree  depend  upon  the  discretion 
with  which  it  is  exercised ;  they  believe  that  the  right  ought  not  to  be  resorted 
to  upon  trivial  subjects  or  unimportant  occasions ;  but  they  are  also  persuaded 
that  there  are  moments  when  the  neglect  to  exercise  it  would  be  a  dereliction 
of  public  duty. 

"  Such  an  occasion,  as  in  their  judgment  demands  the  frank  expression  of 
the  sentiments  of  Pennsylvania,  is  now  presented.  A  measure  was  ardently 
supported  in  the  last  congress  of  the  United  States,  and  will,  probably  be  as 
earnestly  urged  during  the  existing  session  of  that  body,  which  has  a  palpable 
tendency  to  impair  the  political  relations  of  the  several  states  ;  which  is  calcu 
lated  to  mar  the  social  happiness  of  the  present  and  future  generations  ;  which, 
if  adopted,  would  impede  the  march  of  humanity  and  freedom  through  the 
world  ;  and  would  transfer  from  a  misguided  ancestry  an  odious  stain  and  fix 
it  indelibly  upon  the  present  race — a  measure,  in  brief,  which  proposes  to 
spread  the  crimes  and  cruelties  of  slavery  from  the  banks  of  the  Mississippi  to 
the  shores  of  the  Pacific.  When  a  measure  of  this  character  is  seriously  ad 
vocated  in  the  republican  congress  of  America,  in  the  nineteenth  century,  the 
several  states  are  invoked  by  the  duty  which  they  owe  to  the  Deity,  by  the 
veneration  which  they  entertain  for  the  memory  of  the  founders  of  the  republic, 
and  by  a  tender  regard  for  posterity,  to  protest  against  its  adoption,  to  refuse 
to  covenant  with  crime,  and  to  limit  the  range  of  an  evil  that  already  hangs 
in  awful  boding  over  so  large  a  portion  of  the  Union. 

"Nor  can  such  a  protest  be  entered  by  any  state  with  greater  propriety  than 
by  Pennsylvania.  This  commonwealth  has  as  sacredly  respected  the  rights  of 
other  states  as  it  has  been  careful  of  its  own ;  it  has  been  the  invariable  aim 
of  the  people  of  Pennsylvania  to  extend  to  the  universe,  by  their  example,  the 
unadulterated  blessings  of  civil  and  religious  freedom ;  and  it  is  their  pride 
that  they  have  been  at  all  times  the  practical  advocates  of  those  improvements 
and  charities  among  men  which  are  so  well  calculated  to  enable  them  to  answer 


490  PENNSYLVANIA  RESOLUTIONS. 

the  purposes  of  their  Creator  ;  and  above  all,  they  may  boast  that  they  were 
foremost  in  removing  the  pollution  of  slavery  from  among  them. 

"  If,  indeed,  the  measure  against  which  Pennsylvania  considers  it  her  duty 
to  raise  her  voice,  were  calculated  to  abridge  any  of  the  rights  guaranteed  to 
the  several  states ;  if,  odious  as  slavery  is,  it  was  proposed  to  hasten  its  extinc 
tion  by  means  injurious  to  the  states  upon  which  it  was  unhappily  entailed, 
Pennsylvania  would  be  among  the  first  to  insist  upon  a  sacred  observance  of 
the  constitutional  compact.  But  it  cannot  be  pretended  that  the  rights  of  any 
of  the  states  are  at  all  to  be  affected  by  refusing  to  extend  the  mischiefs  of 
huma/i  bondage  over  the  boundless  regions  of  the  west,  a  territory  which 
formed  no  part  of  the  Union  at  the  adoption  of  the  constitution ;  which  has 
been  but  lately  purchased  from  an  European  power  by  the  people  of  the  Union 
at  large  ;  which  may  or  may  not  be  admitted  as  a  state  into  the  Union  at  the 
discretion  of  congress ;'  which  must  establish  a  republican  form  of  government, 
and  no  other ;  and  whose  climate  affords  none  of  the  pretexts  urged  for  resort 
ing  to  the  labor  of  natives  of  the  torrid  zone  ;  such  a  territory  has  no  right, 
inherent  or  acquired,  such  as  those  states  possessed  which  established  the  ex 
isting  constitution.  When  that  constitution  was  framed  in  September,  1787, 
the  concession  that  three-fifths  of  the  slaves  in  the  states  then  existing  should 
be  represented  in  congress,  could  not  have  been  intended  to  embrace  regions 
at  that  time  held  by  a  fereign  power.  On  the  contrary,  so  anxious  were  the 
congress  of  that  day  to  confine  human  bondage  within  its  ancient  home,  that 
on  the  13th  of  July,  1787,  that  body  unanimously  declared  that  slavery  or  in 
voluntary  servitude  should  not  exist  in  the  extensive  territories  bounded  by  the 
Ohio,-  the  Mississippi,  Canada  and  the  Lakes ;  and  in  the  ninth  article  of  the 
constitution  itself,  the  power  of  congress  to  prohibit  the  emigration  of  servile 
persons  after  1808,  is  expressly  recognized  ;  nor  is  thereto  be  found  in  the 
statute  book  a  single  instance  of  the  admission  of  a  territory  to  the  rank  of  a 
state  in  which  congress  have  not  adhered  to  the  right,  vested  in  them  by  the 
constitution,  to  stipulate  with  the  territory  upon  the  conditions  of  the  boon. 

"The  senate  and  house  of  representatives  of  Pennsylvania,  therefore,  cannot 
but  deprecate  any  departure  from  the  humane  and  enlightened  policy  pursued 
not  only  by  the  illustrious  congress  which  framed  the  constitution,  but  by  their 
successors  without  exception.  They  are  persuaded  that  to  open  the  fertile 
regions  of  the  west  to  a  servile  race,  would  tend  to  increase  their  numbers  be 
yond  all  past  example,  would  open  a  new  and  steady  market  for  the  lawless 
venders  of  human  flesh,  and  would  render  all  schemes  for  obliterating  this  most 
foul  blot  upon  the  American  character  useless  and  unavailing. 

"  Under  these  convictions,  and  in  the  full  persuasion  that  upon  this  topic 
there  is  but  one  opinion  in  Pennsylvania — 

"  Resolved  by  the  senate  and  house  of  representatives  of  the  common 
wealth  of  Pennsylvania,  That  the  senators  of  this  state  in  the  congress  of 
the  United  States  be,  and  they  are  hereby  instructed,  and  that  the  representa 
tives  of  this  state  in  the  congress  of  the  United  States  be,  and  they  are  hereby 
requested,  to  vote  against  the  admission  of  any  territory  as  a  state  into  the 


DELAWARE  AND  KENTUCKY  RESOLUTIONS.  491 

Union,  unless  said  territory  shall  stipulate  and  agree  that  '  the  further  intro 
duction  of  slavery  or  involuntary  servitude,  except  for  the  punishment  of  crimes, 
whereof  the  party  shall  have  been  duly  convicted,  shall  be  prohibited ;  and 
that  all  children  born  within  the  said  territory,  after  its  admission  into  the 
Union  as  a  state,  shall  be  free,  but  may  be  held  to  service  until  the  age  of 
twenty-five  years.' 

"Resolved,  That  the  governor  be,  and  he  is  hereby  requested  to  cause  a 
copy  of  the  foregoing  preamble  and  resolution  to  be  transmitted  to  each  of  the 
senators  and  representatives  of  this  state  in  the  congress  of  the  United  States." 

In  the  senate  of  the  United  States,  early  in  1820,  Mr.  Yan  Dyke  communi 
cated  the  following  resolutions  of  the  legislature  of  the  state  of  Delaware, 
which  were  read : 

"Resolved,  by  the  senate  and  house  of  representatives  of  the  state  of  Dela 
ware,  in  general  assembly  met,  That  it  is,  in  the  opinion  of  this  general  assem 
bly,  the  constitutional  right  of  the  United  States,  in  congress  assembled,  to 
enact  and  establish,  as  one  of  the  conditions  for  the  admission  of  a  new  state 
into  the  Union,  a  provision  which  shall  effectually  prevent  the  further  introduc 
tion  of  slavery  into  such  state  ;  and  that  a  due  regard  to  the  true  interests  of 
such  state,  as  well  as  of  the  other  states,  require  the  same  should  be  done. 

"  Resolved,  That  a  copy  of  the  above  and  foregoing  resolution  be  transmit 
ted,  by  the  speaker  of  the  senate,  to  each  of  the  senators  and  representatives 
from  this  state  in  the  congress  of  the  United  States." 

In  senate,  January  24th,  1820,  Mr.  Logan  communicated  the  following  pream 
ble  and  resolutions  of  the  legislature  of  the  state  of  Kentucky,  which  were  read  : 

"  WHEREAS,  The  constitution  of  the  United  States  provides  for  the  admis 
sion  of  new  states  into  the  Union,  and  it  is  just  and  proper  that  all  such  states 
should  be  established  upon  the  footing  of  original  states,  with  a  view  to  the 
preservation  of  state  sovereignty,  the  prosperity  of  such  new  state,  and  the 
good  of  their  citizens ;  and  whereas,  successful  attempts  have  been  heretofore 
made,  and  are  now  making,  to  prevent  the  people  of  the  territory  of  Missouri 
from  being  admitted  into  the  Union  as  a  state,  unless  trammeled  by  rules  and 
regulations  which  do  not  exist  in  the  original  states,  particularly  in  relation  to 
the  toleration  of  slavery. 

"WHEREAS,  also,  if  congress  can  thus  trammel  or  control  the  powers  of  a 
territory  in  the  formation  of  a  state  government,  that  body  may,  on  the  same 
principle,  reduce  its  powers  to  little  more  than  those  possessed  by  the  people  of 
the  District  of  Columbia ;  and  whilst  professing  to  make  it  a  sovereign  state, 
may  bind  it  in  perpetual  vassalage,  and  reduce  it  to  the  condition  of  a  prov 
ince  ;  such  state  must  necessarily  become  the  dependent  of  congress,  asking 
such  powers,  and  not  the  independent  state,  demanding  rights.  And  whereas, 
it  is  necessary,  in  preserving  the  state  sovereignties  in  their  present  rights,  that 
no  new  state  should  be  subjected  to  this  restriction,  any  more  than  an  old  one, 
and  that  there  can  be  no  reason  or  justice  why  it  should  not  be  entitled  to  the 
same  privileges,  when  it  is  bound  to  bear  all  the  burdens  and  taxes  laid  upon 
it  by  congress. 
32 


492  MISSOURI  AGAIN  APPLIES  FOR  ADMISSION. 

"  In  passing  the  following  resolution,  the  general  assembly  refrains  from  ex 
pressing  any  opinion  either  in  favor  or  against  the  principle  of  slavery ;  but  to 
support  and  maintain  state  rights,  which  it,  conceives  necessary  to  be  supported 
and  maintained,  to  preserve  the  liberties  of  the  free  people  of  these  United 
States,  it  avows  its  solemn  conviction,  that  the  states  already  confederated  un 
der  one  common  constitution,  have  not  a  right  to  deprive  new  states  of  equal 
privileges  with  themselves.  Therefore, 

"  Resolved,  by  the  general  assembly  of  the  commonwealth  of  Kentucky, 
That  the  senators  in  congress  from  this  state  be  instructed,  and  the  representa 
tives  be  requested,  to  use  their  efforts  to  procure  the  passage  of  a  law  to  admit 
the  people  of  Missouri  into  the  Union,  as  a  state,  whether  those  people  will 
sanction  slavery  by  their  constitution  or  not. 

"  Resolved,  That  the  executive  of  this  commonwealth  be  requested  to  trans 
mit  this  resolution  to  the  senators  and  representatives  of  this  state  in  congress, 
that  it  may  be  laid  before  that  body  for  its  consideration." 

A  new  congress  had  assembled  on  the  6th  of  December,  1819.  Mr.  Clay 
was  again  chosen  speaker.  On  the  8th,  Mr.  Scott,  delegate  from  Missouri, 
moved  that  the  memorial  of  her  territorial  legislature,  as  also  of  several  citi 
zens,  praying  her  admission  into  the  Union  as  a  state,  be  referred  to  a  select 
committee.  Carried,  and  Messrs.  Scott,  of  Mo.,  Robertson,  of  Ky  ,  Terrell,  of 
Ga.,  Strother,  of  Va.,  and  De  Witt,  of  N.  Y.,  were  appointed  said  committee. 

Mr.  Strong,  of  N.  Y.,  that  day  gave  notice  of  a  bill  "to  prohibit  the  fur 
ther  extension  of  slavery  in  the  United  States." 

On  the  14th,  Mr.  Taylor,  of  N.  Y.,  moved  a  select  committee  on  this  sub 
ject,  which  was  granted  ;  and  the  mover,  with  Mesers.  Livermore,  of  N.  H., 
P.  P.  Barbour,  of  Va.,  Lowndes,  of  S.  C.,  Fuller,  of  Mass.,  Hardin,  of  Ky., 
and  Cuthbert,  of  Ga.,  were  appointed  such  committee.  A  majority  of  this 
committee  being  pro-slavery,  Mr.  Taylor  could  do  nothing ;  and  on  the  28th 
the  committee  was,  on  motion,  discharged  from  the  further  consideration  of  the 
subject. 

On  the  same  day,  Mr.  Taylor  moved  "  that  a  committee  be  appointed  with 
instructions  to  report  a  bill  prohibiting  the  further  admission  of  slaves  into 
the  territories  of  the  United  States  west  of  the  river  Mississippi." 

On  motion  of  Mr.  Smith,  of  Md.,  this  resolve  was  sent  to  the  committee  of 
the  whole,  and  made  a  special  order  for  Jan.  10th ;  but  it  was  not  taken  up, 
and  appears  to  have  slept  the  sleep  of  death. 

In  the  senate,  the  memorial  of  the  Missouri  territorial  legislature,  asking 
admission  as  a  state,  was  presented  by  Mr.  Smith,  of  S.  C.,  Dec.  29th,  and  re 
ferred  to  th«  judiciary  committee. 

The  bill  authorizing  Missouri  to  form  a  constitution,  etc.,  came  up  in  the 
house  as  a  special  order,  Jan.  24th.  Mr.  Taylor,  of  N.  Y.,  moved  that  it  be 
postponed  for  one  week :  lost ;  yeas,  87 ;  nays,  88.  Whereupon  the  house  ad 
journed.  It  was  considered  in  committee  the  next  day,  as  also  on  the  28th 
and  30th,  and  thence  debated  daily  until  the  19th  of  February,  when  a  bill 
came  down  from  the  senate  "  to  admit  the  state  of  Maine  into  the  Union,' 


MAINE  AND  MISSOURI.  493 

but  with  a  rider  authorizing  the  people  of  Missouri  to  form  a  state  constitu 
tion,  etc.,  without  restriction  on  the  subject  of  slavery. 

The  house,  very  early  in  the  session,  passed  a  bill  providing  for  the  admis 
sion  of  Maine  as  a  state.  This  bill  came  to  the  senate,  and  was  sent  to  its  ju 
diciary  committee  aforesaid,  which  amended  it  by  adding  a  provision  for  Mis 
souri  as  above.  After  several  days'  debate  in  senate,  Mr.  Roberts,  of  Penn., 
moved  to  recommit,  so  as  to  strike  out  all  but  the  admission  of  Maine,  which 
was  defeated,  (Jan.  14th,  1820;)  yeas,  18  ;  nays,  25.  Hereupon,  Mr.  Thom 
as,  of  111.,  (who  voted  with  the  majority,  as  uniformly  against  any  restriction 
on  Missouri,)  gave  notice  that  he  should  "  ask  leave  to  bring  in  a  bill  to  prohibit 
the  introduction  of  slavery  into  the  territories  of  the  United  States  north  and 
west  of  the  contemplated  state  of  Missouri,"  which  he  accordingly  did  on  the 
19th,  when  it  was  read  and  ordered  to  a  third  reading.* 

The  Maine  admission  bill,  with  the  proposed  amendments,  was  discussed 
through  several  days,  until,  Feb.  16th,  the  question  was  taken  on  the  judici 
ary  committee's  amendments,  (authorizing  Missouri  to  form  a  state  constitu 
tion,  and  saying  nothing  of  slavery,)  which  were  adopted  by  the  following  vote : 
Yeas,  23  against  restriction — 20  from  slave  states,  3  from  free  states.  Nays, 
21  in  favor  of  restriction — 19  from  free  states,  2  from  Delaware. 

Mr.  Thomas,  of  111.,  then  proposed  his  amendment,  as  follows :     + 

"  And  be  it  further  enacted,  that  the  sixth  article  of  compact  of  the  ordi 
nance  of  congress,  passed  July  13th,  1787,  for  the  government  of  the  territory 
of  the  United  States  northwest  of  the  river  Ohio,  shall,  to  all  intents  and  pur 
poses,  be,  and  hereby  is,  deemed  and  held  applicable  to,  and  shall  have  full 
force  and  effect  in  and  over,  all  that  tract  of  country  ceded  by  France  to  the 
United  States  under  the  name  of  Louisiana,  which  lies  north  of  thirty-six  de 
grees  and  thirty  minutes,  north  latitude,  excepting  only  such  part  thereof  as 
is  included  within  the  limits  contemplated  by  this  act." 

On  the  following  day,  Mr.  Thomas  withdrew  the  foregoing  and  substituted 
the  following : 

"  And  be  it  further  enacted,  that  in  all  the  territory  ceded  by  France  to  the 
United  States  under  the  name  of  Louisiana  which  lies  north  of  thirty-six  de 
grees  thirty  minutes,  north  latitude,  excepting  only  such  part  thereof  as  is  in 
cluded  within  the  limits  of  the  state  contemplated  by  this  act,  slavery  and  in 
voluntary  servitude,  otherwise  than  in  the  punishment  of  crime,  whereof  the 
party  shall  have  been  duly  convicted,  shall  be  and  is  hereby  forever  prohibited. 
Provided  always,  that  any  person  escaping  into  the  same,  from  where  labor  or 


"*  Great  confusion  and  misconception  exists  in  the  public  mind  with  regard  to  "the 
Missouri  restriction,"  two  totally  different  propositions  being  called  by  that  name.  The 
original  restriction,  which  Mr.  Clay  vehemently  opposed,  and  Mr.  Jefferson  in  a  letter 
characterized  as  a  "fire-bell  in  the  night,"  contemplated  the  limitation  of  slavery  in  its 
exclusion  from  the  state  of  Missouri.  This  was  ultimately  defeated,  as  we  shall  see.  The 
second  proposed  restriction  was  that  of  Mr.  Thomas,  just  cited,  which  proposed  the  exclu 
sion  of  slavery,  not  from  the  state  of  Missouri,  but  from  the  territories  of  the  United  States 
north  and  west  of  that  state.  This  proposition  did  not  emanate  from  the  original  Missouri 
rostrictionists,  but  from  their  adversaries,  and  was  but  reluctantly  and  partially  accepted 
by  the  former. — GHEELEY'S  SLAVERY  EXTENSION. 


494  PROCEEDINGS. 

service  is  lawfully  claimed  in  any  state  or  territory  of  the  United  States,  such 
fugitive  may  be  lawfully  reclaimed  and  conveyed  to  the  person  claiming  his  or 
her  labor  or  service  as  aforesaid." 

Mr.  Trimble,  of  Ohio,  moved  a  substitute  for  this,  somewhat  altering  the 
boundaries  of  the  region  shielded  from  slavery,  which  was  rejected.  Yeas,  20, 
(northern ;)  nays,  24,  (southern,  with  Noble,  Edwards,  and  Taylor.) 

The  question  then  recurred  on  Mr.  Thomas's  amendment,  which  was  adopt 
ed  as  follows  :  Yeas,  for  excluding  slavery  from  all  the  territory  north  and 
west  of  Missouri,  34 — 20  from  free  states,  14  from  slave  states.  Nays,  against 
such  restriction,  10 — 2  from  Indiana. 

The  bill,  thus  amended,  was  ordered  to  be  engrossed  for  a  third  reading,  by 
a  vote  of  24  to  20. 

The  bill  was  thus  passed,  (Feb.  18th)  without  further  division,  and  sent  to 
the  house  for  concurrence.  In  the  house,  Mr.  Thomas's  amendment  (as  above) 
was  at  first  rejected  by  both  parties,  and  defeated  by  the  strong  vote  of  159  to 
18.  Prior  to  this  vote,  the  house  disagreed  to  the  log-rolling  of  Maine  and 
Missouri,  into  one  bill,  by  the  strong  vote  of  93  to  72. 

The  house  also  disagreed  to  the  remaining  amendments  of  the  senate  (strik 
ing  out  the  restriction  on  slavery  in  Missouri)  by  the  strong  vote  of  102  yeas 
to  68  nays.  Nearly  or  quite  every  representative  of  a  free  state  voted  in  the 
majority  of  this  division,  with  four  from  slave  states. 

So  the  house  rejected  all  the  senate's  amendments,  and  returned  the  bill  with 
a  corresponding  message. 

The  senate  took  up  the  bill  on  the  24th,  and  debated  it  till  the  28th,  when, 
on  a  direct  vote,  it  was  decided  not  to  recede  from  the  attachment  of  Missouri 
to  the  Maine  bill:  yeas  21  (19  from  free  states  and  2  from  Delaware)  ;  nays 
23,  (20  from  slave  states,  with  Messrs.  Taylor,  of  Indiana,  Edwards  and 
Thomas,  of  Illinois.) 

The  senate  also  voted  not  to  recede  from  its  amendment  prohibiting  slavery 
west  of  Missouri,  and  north  of  36°  30'  north  latitude.  (For  receding,  9  from 
slave  states,  with  Messrs.  Noble  and  Taylor,  of  Indiana ;)  against  it  33 ;  (22 
from  slave  states,  11  from  free  states.)  The  remaining  amendments  of  the 
senate  were  then  insisted  on  without  division,  and  the  house  notified  accord 
ingly. 

The  bill  was  now  returned  to  the  house,  which,  on  motion  of  Mr.  John  W. 
Taylor,  of  New  York,  voted  to  insist  on  its  disagreement  to  all  but  section  9 
of  the  senate's  amendments,  by  yeas  97  to  nays  76  ;  all  but  a  purely  sectional 
vote  ;  Hugh  Nelson,  of  Virginia,  voting  with  the  north  ;  Baldwin,  of  Penn 
sylvania,  Bloomfield,  of  New  Jersey,  and  Shaw,  of  Massachusetts,  voting  with 
the  south. 

Section  9,  (the  senate's  exclusion  of  slavery  from  the  territory  north  and 
west  of  Missouri,)  was  also  rejected — yeas  160,  nays  14,  (much  as  before.) 
The  senate  thereupon  (March  2nd)  passed  the  house  Missouri  bill,  striking  out 
the  restriction  of  slavery  by  yeas  27  to  nays  15,  and  adding  without  a  division 
the  exclusion  of  slavery  from  the  territory  west  and  north  of  said  state.  Mr. 


THE  COMPROMISE.  495 

Trimble  again  moved  the  exclusion  of  slavery  from  Arkansas  also,  but  was 
again  voted  down,  yeas  12,  nays  30. 

The  senate  now  asked  a  conference,  which  the  house  granted  without  a  divis 
ion.  The  committee  of  conference  was  composed  of  Messrs.  Thomas,  of  Illin 
ois,  Pinkney,  of  Maryland,  and  Barbour,  of  Virginia,  (all  anti-restrictionists), 
on  the  part  of  the  senate,  and  Messrs.  Holmes,  of  Massachusetts,  Taylor,  of 
New  York,  Lowndes,  of  South  Carolina,  Parker,  of  Massachusetts,  and  Kin- 
sey,  of  New  Jersey,  on  the  part  of  the  house.  John  Holmes,  of  Massachu 
setts,  from  this  committee,  reported  that,  1.  The  senate  should  give  up  the 
combination  of  Missouri  in  the  same  bill  with  Maine.  2.  The  house  should 
abandon  the  attempt  to  restrict  slavery  in  Missouri.  3.  Both  houses  should 
agree  to  pass  the  senate's  separate  Missouri  bill,  with  Mr.  Thomas's  restriction 
or  compromising  proviso,  excluding  slavery  from  all  territory  north  and  west 
of  Missouri.  The  report  having  been  read,  the  first  and  most  important  ques 
tion  was  put,  viz  :  "Will  the  house  concur  with  the  senate  in  so  much  of  the 
said  amendments  as  proposes  to  strike  from  the  fourth  section  of  the  [Missou 
ri]  bill  the  provision  prohibiting  slavery  or  involuntary  servitude  in  the  contem 
plated  state,  otherwise  than  in  the  punishment  of  crimes  ?  "  On  which  ques 
tion  the  yeas  and  nays  were  demanded  and  were  as  follows : 

YEAS,  for  giving  up  restriction  on  Missouri. — Massachusetts,  4  ;  Rhode 
Island,  1  ;  Connecticut,  2  ;  New  York,  2  ;  New  Jersey,  3  ;  Pennsylvania,  2  ; 
Delaware,  1;  Maryland,  9;  Virginia,  22;  North  Carolina,  12;  South  Caro 
lina,  9 ;  Georgia,  6 ;  Alabama,  1 ;  Mississippi,  1 ;  Louisiana,  1 ;  Kentucky, 
8  ;  Tennessee,  5.  Total  from  free  states,  14 ;  from  slave  states,  76 — in  all  90. 

NAYS,  against  giving  up  the  restriction  on  slavery  in  Missouri. — New 
Hampshire,  6  ;  Massachusetts,  including  Maine,  16 ;  Rhode  Island,  1 ;  Con 
necticut,  4;  Vermont,  6;  New  York,  22;  New  Jersey,  3;  Pennsylvania,  21; 
Ohio,  6  ;  Indiana,  1 ;  Illinois,  1.  Total  81 — all  from  free  states. 

Mr.  Taylor,  of  New  York,  now  moved  an  amendment,  intended  to  include 
Arkansas  territory  under  the  proposed  inhibition  of  slavery  west  of  Missouri ; 
but  this  motion  was  cut  off  by  the  previous  question,  and  the  house  proceeded 
to  concur  with  the  senate  in  inserting  the  exclusion  of  slavery  from  the  territo 
ry  west  and  north  of  Missouri,  instead  of  that  just  stricken  out,  by  134  yeas 
to  42  nays,  (the  nays  being  from  the  south).  So  the  bill  was  passed  in  the 
form  indicated  above  ;  and  the  bill  admitting  Maine  as  a  state,  (relieved, 
by  a  conference,  from  the  Missouri  rider,)  passed  both  houses  without  a  divis 
ion,  on  the  following  day. 

Thus  was  consummated  a  measure  which,  while  it  opened  the  door  to  slave 
ry  in  Missouri,  was  to  exclude  it  "FOREVER"  from  all  that  territory  lying 
north  of  36°  30'  north  latitude.  Randolph,  the  leader  of  the  ultra  southern 
party,  indignantly  denounced  it  as  a  "dirty  bargain,"  and  the  northern  men 
who  voted  for  it,  as  "dough-faces."  Before  signing  the  bill,  President  Mon 
roe  submitted  the  question  to  his  cabinet,  "Has  congress  the  constitutional 
power  to  prohibit  slavery  in  a  territory  ?  "  All  the  cabinet  declared  themselves 
in  the  affirmative,  though  neither  Crawford,  Calhoun,  nor  Wirt  could  see 


496  OPINIONS. 

any  express  authority.  The  president  submitted  another  question :  Was  the 
term  "forever"  in  the  prohibition  clause  of  the  Missouri  bill  to  be  understood 
as  referring  only  to  the  territorial  condition  of  the  district,  or  was  it  intended 
to  extend  the  prohibition  of  slavery  to  such  states  as  might  be  erected  there 
from  ?  Adams  thought  that  the  term  "  forever  "  must  be  understood  to  mean 
forever,  and  that  the  prohibition  would  extend  to  any  states  that  might  at  any 
time  be  erected  from  the  territory.  The  others,  including  Thompson,  of  New 
York,  were  all  of  opinion  that  the  term  "forever  "  was  only  a  territorial  for 
ever,  not  interfering  with  the  right  of  any  state  that  might  at  any  time  be 
organized  within  the  district  referred  to,  to  establish  or  prohibit  slavery.  The 
second  question  was  modified  into  the  inquiry,  Was  the  proviso,  as  it  stood  in 
the  bill,  constitutional  ?  To  this  they  all  replied,  yes,  and  Monroe  signed  the 
bills.  This  account  is  from  the  unpublished  diary  of  John  Quincy  Adams, 
quoted  by  Hildreth. 

"  The  impression  produced  on  my  mind,"  so  Adams  wrote  at  the  time  in  his 
diary,  "  by  the  progress  of  this  discussion  is,  that  the  bargain  between  free 
dom  and  slavery  contained  in  the  constitution  of  the  United  States  is  morally 
and  politically  vicious,  inconsistent  with  the  principles  upon  which  alone  our 
revolution  can  be  justified ;  cruel  and  oppressive,  by  riveting  the  chains  of 
slavery,  in  pledging  the  faith  of  freedom  to  maintain  and  perpetuate  the 
tyranny  of  the  master ;  and  grossly  unequal  and  impolitic,  by  admitting  that 
slaves  are  at  once  enemies  to  be  kept  in  subjection,  property  to  be  secured  and 
restored  to  their  owners,  and  persons  not  to  be  represented  themselves,  but  for 
whom  their  masters  are  privileged  with  nearly  a  double  share  of  representa 
tion.  The  consequence  has  been,  that  this  slave  representation  has  governed 
the  Union.  Benjamin,  portioned  above  his  brethren,  has  ravined  as  a  wolf, 
in  the  morning  he  has  devoured  the  prey,  and  at  night  he  has  divided  the  spoil. 
It  would  be  no  difficult  matter  to  prove,  by  reviewing  the  history  of  the  Union 
under  this  constitution,  that  almost  every  thing  which  has  contributed  to  the 
honor  and  welfare  of  the  nation  has  been  accomplished  in  despite  of  them ; 
and  that  every  thing  unpropitious  and  dishonorable,  including  the  blunders  and 
follies  of  their  adversaries,  maybe  traced  to  them." 

Governor  Wolcott,  in  his  address  shortly  after  to  the  Connecticut  legislature, 
in  reference  to  a  very  elaborate  disquisition  on  state  rights  in  their  bearing  on 
the  Missouri  question,  which  the  Virginia  legislature  had  sent,  in  the  form  of  a 
circular,  to  all  the  states,  thus  expressed  himself :  "  It  can  not  have  escaped 
your  attention,  that  a  diversity  of  habits  and  principles  of  government  exist  iu 
this  country ;  and  I  think  it  is  evident  that  slavery  is  gradually  forming  those 
distinctions,  which,  according  to  invariable  laws  of  human  action,  constitute 
the  characteristic  difference  between  aristocratical  and  democratical  republics. 

"  Where  agricultural  labor  is  wholly  or  chiefly  performed  by  slaves,  it  must 
constitute  the  principal  revenue  of  the  community.  The  owners  of  slaves 
must  necessarily  be  the  chief  owners  of  the  soil,  and  those  laborers  who  are 
too  poor  to  own  slaves,  though  nominally  free,  must  be  dependent  on  an  aris 
tocratical  order,  and  remain  without  power  or  political  influence.  It  has  been 


,  MISSOURI  CONSTITUTION.  497 

nrged,  as  a  compensation  for  the  admitted  evils  of  slavery,  that  the  spirit  of 
liberty  is  more  elevated  and  persevering  among  the  masters  of  slaves,  than  in 
states  where  liberty  is  a  common  blessing.  We  may  admit  that  our  southern 
brethren  are  as  firmly  attached  to  liberty  as  ourselves,  but  we  can  not  concede 
that  they  are  in  any  respect  our  superiors,  without  submitting  to  humiliation 
and  reproach.  Probably  the  claim  has  no  other  just  foundation  than  in  the 
well  known  ardor,  tenacity  of  opinion,  and  strict  concert  of  action  with  which 
the  members  of  a  privileged  order  invariably  pursue  a  separate  and  exclusive 
interest.  Even  a  tacit  admission  of  inferiority  by  habitual  concessions  would 
imply,  on  our  part,  a  secret  preference  of  aristocratical  over  democratical  in 
stitutions." 

On  the  16th  of  November,  1820,  Missouri  applied  for  admission  into  the 
Union,  with  a  state  constitution  containing  the  following  provisions  : 

"The  general  assembly  shall  have  no  power  to  pass  laws,  first,  for  the  emancipation 
of  slaves  without  the  consent  of  their  owners,  or  without  paying  them,  before  such 
emancipation,  a  full  equivalent  for  such  slaves  so  emancipated  ;  and,  second,  to  prevent 
bona  fide  emigrants  to  this  state,  or  actual  settlers  therein,  from  bringing  from  any  of 
the  United  States,  or  from  any  of  their  territories,  such  persons  as  may  there  be  deemed 
to  be  slaves,  so  long  as  any  persons  of  the  same  description  are  allowed  to  be  held  as 
slaves  by  the  laws  of  this  state. 

"  It  shall  be  their  duty,  as  soon  as  may  be,  to  pass  such  laws  as  may  be  necessary, 
"First,  to  prevent  free  negroes  and  mulattoes  from  coming  to,  and  settling  in,  this 
state,  under  any  pretext  whatever." 

The  last  requirement  was  considered  a  palpable  violation  of  that  clause  of 
the  constitution  which  gives  to  the  citizens  of  each  state  the  rights  of  citizens 
in  every  state.  In  several  of  the  free  states  the  class  referred  to  were  consid 
ered  citizens,  and  not  only  a  determined  resistance  to  any  such  exclusion  was 
manifested  in  congress,  but  a  portion  of  the  northern  members  evinced  a  dis 
position  to  renew  the  struggle  against  the  further  introduction  of  slaves  into 
Missouri.  The  first  vote  in  the  house  on  her  admission,  stood  yeas,  79  ;  nays, 
93.  A  second  attempt  was  made  to  admit  her,  on  condition  that  she  would 
expunge  the  last  quoted  obnoxious  clause  of  her  constitution,  which  was  voted 
down  by  a  vote  of  156  to  6. 

The  house  now  rested,  until  a  joint  resolve,  admitting  her  with  but  a  vague 
and  ineffective  qualification,  came  down  from  the  senate,  where  it  was  passed 
by  a  vote  of  26  to  18 — six  senators  from  free  states  in  the  affirmative.  Mr. 
Clay,  who  had  resigned  in  the  recess,  and  been  succeeded,  as  speaker,  by  John 
W.  Taylor,  of  New  York,  now  appeared  as  the  leader  of  the  Missouri  admis- 
sionists,  and  proposed  terms  of  compromise,  which  were  twice  voted  down  by 
the  northern  members,  aided  by  John  Randolph  and  three  others  from  the 
south,  who  would  have  Missouri  admitted  without  condition  or  qualification. 
At  last,  Mr.  Clay  proposed  a  joint  committee  on  this  subject,  to  be  chosen  by 
ballot — which  the  house  agreed  to  by  101  to  55 ;  and  Mr.  Clay  became  its 
chairman.  By  this  committee  it  was  agreed  that  a  solemn  pledge  should  be 
required  of  the  legislature  of  Missouri,  that  the  constitution  of  that  state 


498  SLAVE  POPULATION.  •# 

should  not  be  construed  to  authorize  the  passage  of  any  act,  and  that  no  act 
should  be  passed,  "  by  which  any  of  the  citizens  of  either  of  the  states  should 
be  excluded  from  the  enjoyment  of  the  privileges  and  immunities  to  which  they 
are  entitled  under  the  constitution  of  the  United  States."  The  joint  resolu 
tion,  amended  by  the  addition  of  this  proviso,  passed  the  house  by  86  yeas  to 
82  nays  ;  the  senate  concurred  (February  27th,  1821,)  by  26  yeas  to  15  nays; 
(all  northern  but  Macon,  of  North  Carolina,)  Missouri  complied  with  the  con 
dition,  and  became  an  accepted  member  of  the  Union.  Thus  closed  the  last 
stage  of  the  fierce  Missouri  controversy  which  seemed  at  times  to  threaten  the 
existence  of  the  Union.  "  So  true  it  is,"  says  Hildreth,  "  and  let  it  not  be 
forgotten,  that  no  class  can  exist  in  any  community  so  helpless  and  despised 
that  it  may  not  become  the  very  hinge  on  which  the  fate  of  the  nation  shall 
turn." 


CHAPTER     XXVII. 

t 
PERIOD  FROM  1820  TO  1835. — POLITICAL  HISTORY  OP  SLAVERY. 

Census  of  1820. — Session  of  1824-5. — Gov.  Troup's  demonstrations. — Georgia  legisla 
ture — Secession  threatened. — Slaves  in  Canada — their  surrender  refused  by  England. — 
Citizens  of  District  of  Columbia  petition  for  gradual  abolition. — Census  of  1830. — Anti- 
slavery  societies  formed  in  the  north — counter  movements  north  and  south. — The 
mail  troubles. — Manifesto  of  American  Anti-slavery  Society. — Petitions  to  congress — 
Discussion  on  the  disposal  of  them. — Bill  to  prohibit  the  circulation  of  anti-slavery 
publications  through  the  mails. — Calhoun's  report — Measure  opposed  by  Webster, 
Clay,  Benton  and  others. — Buchanan,  Tallmade,  &c.,  favor  it — Bill  lost. — Atherton's 
gag  resolutions  passed. 


T 


HE  census  of  1820  exhibits  a  slave  population  of  1,538,038,  being  an  in 
crease  of  346,614  for  the  ten  years  since  1810,  a  rate  of  about  30  per  cent. 

CENSUS  OF  1820— SLAVE  POPULATION. 

Alabama 41,879                Missouri 10,222 

District  of  Columbia...  6,377  New  Jersey  . ...*&*** t*. .       7,557 

Connecticut 97                New  York 10,088 

Delaware 4,509                North  Carolina 205,017 

Georgia 149, 654                Pennsylvania 211 

Illinois 917                Rhode  Island 48 

Indiana 190                South  Carolina 258,475 

Kentucky 126,732                Tennessee 80,107 

Louisiana 69,064                Virginia 425,153 

Maryland 107,397                Arkansas  Territory 1,617 

Mississippi 32,814  Aggregate,  1,538,038. 

Slavery  was  fast  decreasing  in  what  are  now  the  free  states,  except  in  Illinois ; 
it  had  also  decreased  in  Maryland.     The  increase  in  Virginia  for  the  last  decade 


GOVERNOR  TROUP.  499 

had  been  only  8  per  cent.;  in  North  Carolina  21,  and  in  South  Carolina  31 
per  cent.  The  rapid  settlement  of  the  southwest  had  stimulated  the  domestic 
slave-trade,  and  the  market  was  supplied  chiefly  from  Maryland  and  Yirginia, 
which  accounts  for  the  decrease  in  the  former,  and  the  small  increase  in  the 
latter  state.  Slavery  in  Tennessee  had  increased  79  per  cent.;  in  Mississippi 
92,  and  in  Louisiana  99  per  cent. 

At  the  session  of  1824-5,  Mr.  King,  senator  from  $Few  York,  offered  a 
resolution  proposing  to  appropriate,  after  the  payment  of  the  public  debt,  the 
proceeds  of  the  sales  of  public  lands,  to  aid  in  the  emancipation  of  slaves,  and 
also  the  colonizing  of  free  people  of  color  without  the  limits  of  the  United 
States.  This  resolution  was  never  called  up  by  the  mover,  being  intended,  as 
was  supposed,  merely  for  record  as  his  opinion.  Similar  propositions  were 
sent  to  congress  by  state  legislatures  in  the  form  of  resolutions.  About  the 
same  time,  Mr.  Wirt,  attorney-general  of  the  United  States,  gave  an  official 
opinion  that  a  law  of  South  Carolina,  authorizing  the  imprisonment  of  colored 
mariners,  was  unconstitutional.  These  acts  took  place  at  the  time  of  the 
famous  controversy  between  governor  Troup,  of  Georgia,  and  the  general  gov 
ernment,  in  reference  to  the  removal  of  the  Creek  Indians ;  and  the  governor, 
in  convening  a  special  session  of  the  legislature,  directed  attention  to  them  in 
his  message.  As  the  proceedings  of  the  governor  and  his  legislature  were  not 
productive  of  any  brilliant  results,  they  are  only  referred  to  as  to  something 
especially  ludicrous. 

These  acts  of  Mr.  King  and  Mr.  Wirt,  were  pronounced  by  the  governor  in 
his  message,  "officious  and  impertinent intermeddlings  with  our  domestic  con 
cerns."  The  doctrine  of  the  attorney-general,  if  sanctioned  by  the  supreme 
court,  "would  make  it  quite  easy  for  congress,  by  a  short  decree,  to  divest  this 
entire  interest,  without  cost  to  themselves  of  one  dollar,  or  of  one  acre  of  pub 
lic  land.  If  the  government  of  the  United  States  wishes  a  principle  established 
which  it  dare  not  establish  for  itself,  a  cause  made  before  the  supreme  court, 
and  the  principle  once  settled,  the  act  of  congress  follows  of  course.  One 
movement  of  congress  unresisted  by  you,  and  all  is  lost.  Temporize  no  longer, 
make  known  your  resolution,  that  this  subject  shall  not  be  touched  by  them  but 
at  their  peril.  If  this  matter  (slavery)  be  an  evil,  it  is  our  own  ;  if  it  be  a  sin, 
we  can  implore  the  forgiveness  of  it.  To  remove  it  we  ask  not  either  their 
sympathy  or  assistance.  It  may  be  our  physical  weakness — it  is  our  moral 
strength.  If,  like  the  Greeks  and  Romans,  we  cease  to  be  masters,  we  are 
slaves.  I  entreat  you  most  earnestly,  now  that  it  is  not  too  late,  to  step  forth, 
and,  having  exhausted  the  argument,  to  stand  by  your  arms." 

This  subject  was  referred  to  a  select  committee,  who  presented  to  the  house 
a  report  responding  to  the  feelings  and  sentiments  of  the  governor.  "The 
hour  is  come,"  says  the  committee,  "or  is  rapidly  approaching,  when  the  states, 
from  Yirginia  to  Georgia,  from  Missouri  to  Louisiana,  must  confederate,  and, 
as  one  man,  say  to  the  Union :  We  will  no  longer  submit  our  retained  rights 
to  the  sniveling  insinuations  of  bad  men  on  the  floor  of  congress — our  consti 
tutional  rights  to  the  dark  and  strained  construction  of  designing  men  upon 


500  GEORGIA. 

i 

judicial  benches ;  that  we  detest  the  doctrine,  and  disclaim  the  principle,  of 
unlimited  submission  to  the  general  government. 

"  Let  our  northern  brethern,  then,  if  there  is  no  peace  in  union,  if  the  com- 
"  pact  has  become  too  heavy  to  be  longer  borne,  in  the  name  of  all  the  mercies, 
find  peace  among  themselves.  Let  them  continue  to  rejoice  in  their  self-right 
eousness  ;  let  them  bask  in  their  own  elysium,  while  they  depict  all  south  of 
the  Potomac  as  a  hideous  reverse.  As  Athens,  as  Sparta,  as  Rome  was,  we 
will  be :  they  held  slaves ;  we  hold  them.  Let  the  north,  then,  form  national 
roads  for  themselves ;  let  them  guard  with  tariffs  their  own  interest ;  let  them 
deepen  their  public  debt  until  a  high-minded  aristocracy  shall  arise  out  of  it. 
We  want  none  of  all  those  blessings.  But  in  the  simplicity  of  the  patriarchal 
government,  we  would  still  remain  master  and  servant  under  our  own  vine  and 
our  own  fig  tree,  and  confide  for  safety  upon  Him  who,  of  old  time,  looked 
down  upon  this  state  of  things  without  wrath." 

The  committee  concluded  their  report  with  two  resolutions,  declaring  their 
concurrence  in  the  sentiments  of  the  governor,  and  for  the  support  of  their 
determination  to  "  stand  by  their  arms,"  pledging  their  lives,  their  fortunes, 
and  their  sacred  honor ;  and  requesting  the  governor  to  forward  copies  of  the 
resolutions  to  the  governors  of  the  several  states,  and  to  their  own  senators 
and  representatives  in  congress. 

On  the  next  day,  (June  fth,  1825,)  another  message  was  communicated,  in 
which  the  governor  again  reverted  to  the  resolutions  of  the  state  legislatures 
on  the  subject  of  slavery,  and  the  acts  of  the  individuals  before  mentioned ; 
complained  of  the  efforts  that  had  been  made  to  render  unavailing  the  guaran 
ties  of  the  constitution  ;  and  concluded  thus  : 

"  The  attorney-general,  representing  the  United  States,  says  before  the  su 
preme  court,  in  a  ripe  and  splendid  argument,  that  slavery,  being  inconsistent 
with  the  laws  of  God  and  nature,  can  not  exist.  Do  we  want  more  ?  or  shall 
we  wait  until  the  principle  being  decided  against  us,  the  execution  issues,  and 
the  entire  property  is  bought  in  from  the  proceeds  of  our  public  lands  ?  This 
is  left  to  your  decision.  The  United  States  can  choose  between  our  enmity 
and  our  love ;  and  when  you  offer  them  the  choice,  you  perform  the  last  and 
holiest  of  duties.  They  have  adopted  a  conceit ;  and  if  they  love  that  more 
than  they  love  us,  they  will  cling  to  it  and  throw  us  off;  but  it  will  be  written 
in  your  history,  that  you  did  not  separate  from  your  household  without  adopt 
ing  the  fraternal  language  :  choose  ye  this  day  between  our  friendship  and  that 
worthless  idol  you  have  set  up  and  worshiped." 

Here  the  matter  seems  to  have  been  dropped,  as  the  subject  of  the  Indian 
difficulties  took  the  precedence,  and  kept  the  governor  in  a  comfortable  sweat 
until  the  close  of  1827. 

An  attempt  was  made  during  Mr.  Adams'  administration  to  effect  an  ar 
rangement  with  Great  Britain  for  the  surrender  of  fugitive  slaves  taking  refuge 
in  the  Canadian  provinces.  By  a  resolution  of  the  house  of  representatives, 
May  10, 1828,  the  president  was  requested  to  open  a  negotiation  with  the  Brit 
ish  government  for  this  purpose.  On  the  15th  of  December,  in  compliance 


FUGITIVE  SLAVES  IN  CANADA.  501 

with  a  resolution  of  the  8th,  the  president  transmitted  to  the  house  the  corre 
spondence  between  the  secretary  of  state  and  Mr.  Gallatin,  our  minister  at 
London,  and  Mr.  Barbour,  his  successor.  The  following  is  an  extract  from 
the  instructions  of  Mr.  Clay  to  Mr.  Gallatin : 

"  If  it  be  urged  that  Great  Britain  would  make,  in  agreeing  to  the  proposed 
stipulation,  a  concession  without  an  equivalent,  there  being  no  corresponding 
class  of  persons  in  her  North  American  continental  dominions,  you  will  reply : 

"  1st.  That  there  is  a  similar  class  in  the  British  "West  Indies,  and,  although 
the  instances  are  not  numerous,  some  have  occurred  of  their  escape,  or  being 
brought,  contrary  to  law,  into  the  United  States. 

"  2dly.  That  Great  Britain  would  probably  obtain  an  advantage  over  us  in 
the  reciprocal  restoration  of  military  and  maritime  deserters,  which  would  com 
pensate  any  that  we  might  secure  over  her  in  the  practical  operation  of  an  ar 
ticle  for  the  mutual  delivery  of  fugitives  from  labor. 

"  3dly.  At  all  events,  the  disposition  to  cultivate  good  neighborhood,  which 
such  an  article  would  imply,  could  not  fail  to  find  a  compensation  in  that,  or 
in  some  other  way,  in  the  already  immense  and  still  increasing  intercourse  be 
tween  the  two  countries.  The  states  of  Virginia  and  Kentucky  are  particu 
larly  anxious  on  this  subject.  The  general  assembly  of  the  latter  has  repeat 
edly  invoked  the  interposition  of  the  government  of  the  United  States  with 
Great  Britain.  You  will,  therefore,  press  the  matter  whilst  there  exists  any 
prospect  of  your  obtaining  a  satisfactory  arrangement  of  it.  Perhaps  the  Brit 
ish  government,  whilst  they  refuse  to  come  under  any  obligation  by  treaty, 
might  be  willing  to  give  directions  to  the  colonial  authorities  to  afford  facili 
ties  for  the  recovery  of  fugitives  from  labor ;  or,  if  they  should  not  be  disposed 
to  disturb  such  as  have  heretofore  taken  refuge  in  Upper  Canada,  they  might 
be  willing  to  interdict  the  entry  of  any  others  in  future." 

These  considerations  were  not  deemed  sufficiently  weighty  to  induce  the  En 
glish  government  to  make  the  desired  concession. 

A  petition  from  the  citizens  of  the  District  of  Columbia  was  presented  to 
congress  at  the  session  of  1827-28,  praying  for  the  prospective  abolition  of 
slavery  in  the  district,  and  for  the  repeal  of  those  laws  which  authorize  the  sell 
ing  of  supposed  runaways  for  their  prison  fees  or  maintenance.  The  petition 
ers  declare  slavery  among  them  to  be  "  an  evil  of  serious  magnitude,  which 
greatly  impairs  the  prosperity  and  happiness  of  the  district,  and  to  cast  the 
reproach  of  inconsistency  upon  the  free  institutions  established  among  us." 
They  represent  the  domestic  slave-trade  at  the  seat  of  the  national  govern 
ment  as  "  scarcely  less  disgraceful  in  its  character,  and  even  more  demoralizing 
in  its  influence,"  than  the  foreign  slave-trade,  which  is  declared  piracy,  and 
punishable  with  death.  "  Husbands  and  wives  are  separated ;  children  are  ta 
ken  from  their  parents  without  regard  to  the  ties  of  nature,  and  the  most  en 
dearing  bonds  of  affection  are  broken  for  ever." 

It  was  mentioned  also  as  a  special  grievance,  that  "  some  who  were  entitled 
to  freedom  had  been  sold  into  unconditional  slavery."  And  they  gave  the  case 
of  a  colored  man  who  had  been  taken  up  as  a  runaway  slave,  imprisoned,  and 


502  SLAVERY  AGITATION. 

advertised ;  and  no  one  appearing  to  claim  him,  he  was  sold  for  life  at  public 
auction  for  the  payment  of  his  jail  fees,  and  taken  to  the  south.  A  stronger 
anti-slavery  document  has  not  in  later  years  been  presented  to  congress ;  nor 
did  it  receive  any  more  efficient  action  than  similar  petitions  have  since  received, 

CENSUS  OF  1830.— SLAVE  POPULATION. 

District  of  Columbia 6, 119  Mississippi 65, 659 

Delaware 3,292  Missouri 25,091 

Florida 15,501  New  Jersey 2,254 

Georgia 217,531  North  Carolina 245,601 

Illinois 747  South  Carolina 315,401 

Kentucky 165,213  Tennessee 141,603 

Louisiana 109,588  Virginia 469,757 

Maryland 102,994  Arkansas 4,576 

Alabama 117,549  Aggregate,  2,009,043. 

In  1833,  the  National  Anti-Slavery  Society  was  formed.  Societies  were 
also  formed  in  all  the  northern  states  ;  in  some  of  them,  in  almost  every  county. 
Meetings  were  held  at  the  south  denouncing  these  movements ;  and  in  the 
north  attempts  were  made  to  suppress  the  anti-slavery  meetings  by  violence. 
Meetings  were  also  held  in  the  north  to  express  sympathy  for  the  south,  and 
to  censure  the  "abolitionists."  These  anti- abolition  meetings  were  gratifying 
to  the  people  of  the  south.  The  proceedings  of  the  Albany  meeting  were  thus 
noticed  by  the  Richmond  Enquirer  :  "  Amid  these  proceedings,  we  hail  with 
delight  the  meeting  and  resolutions  of  Albany.  They  are  up  to  the  hub. 
They  are  in  perfect  unison  with  the  rights  and  sentiments  of  the  south.  They 
are  divested  of  all  the  metaphysics  and  abstractions  of  the  resolutions  of  New 
York.  They  are  free  from  all  qualifications  and  equivocation — no  idle  denun 
ciations  of  the  evils  of  slavery — no  pompous  assertions  of  the  right  of  discus 
sion.  But  they  announce  in  the  most  unqualified  terms  that  it  is  a  southern 
question,  which  belongs,  under  the  federal  compact,  exclusively  to  the  south. 
They  denounce  all  discussions  upon  it  in  the  other  states,  which,  from  their 
very  nature,  are  calculated  to  '  inflame  the  public  mind,'  and  put  in  jeopardy 
the  lives  and  property  of  their  fellow-citizens,  as  at  war  with  every  rule  of 
moral  duty,  and  every  suggestion  of  humanity ;  and  they  reprobate  the  incen 
diaries  who  will  persist  in  carrying  them  on, '  as  disloyal  to  the  Union. '  They 
pronounce  these  vile  incendiaries  to  be  '  disturbers  of  the  public  peace. '  They 
assure  the  south  '  that  the  great  body  of  the  northern  people  entertain  opin 
ions  similar  to  those  expressed  in  these  resolutions ;'  finally,  '  that  we  plight  to 
them  our  faith  to  maintain,  in  practice,  so  far  as  lies  in  our  power,  what  we 
have  thus  solemnly  declared.' 

"  We  hail  this  plighted  faith  to  arrest,  by  '  all  constitutional  and  legal  means,' 
the  movements  of  these  incendiaries.  We  hail  these  pledges  with  pleasure ; 
and  should  it  become  necessary,  we  shall  call  upon  them  to  redeem  them  in 
good  faith,  and  to  act,  and  to  put  down  these  disturbers  of  the  peace. " 

"The  Albany  resolutions,"  said  the  Richmond  Whig,  "are  far  more  accep 
table  than  those  of  New  York.  They  are  unexceptionable  in  their  general  ex- 


DEMANDS  OF  THE  SOUTH.  503 

pressions  towards  the  south,  and  in  their  views  of  the  spirit  and  consequences 
of  abolition ;  and  they  omit  any  specific  recognition  of  the  right  of  agitation. 
Nothing  is  wanting,  indeed,  but  that  which,  being  wanting,  all  the  rest,  we 
fear,  is  little  more  than  a  '  sounding  brass  and  a  tinkling  cymbal. '  We  mean 
the  recognition  of  the  power  of  the  legislature  to  suppress  the  fanatics,  and 
the  recommendation  to  do  so.  This  is  the  substance  asked  of  the  north  by 
their  brethren  of  the  south ;  and  the  recent  manifesto  of  Tappan  &  Co.  makes 
it  plain  that  without  it,  nothing  effective  can  be  done ;  that  without  it,  urgent 
remonstrances  to  these  madmen  to  desist,  and  warm  professions  towards  the 
south,  avail  not  a  whit.  Up  to  the  mark  the  north  must  come,  if  it  would  re 
store  tranquility  and  preserve  the  union. 

"The  failure  of  the  Albany  meeting  to  enforce  the  expediency  of  legislative 
enactments,  is  ominous.  There  is  reason  to  believe  that  strong  appeals  were 
made  to  the  leaders  from  various  points,  perhaps  from  Richmond  itself,  to  go 
as  far  as  possible,  and  to  adopt  a  resolution,  conceding  to  the  south  its  demand 
for  legislative  enactment.  Political  importance  was  attached  to  it  from  the 
circumstance  that  the  immediate  friends  of  Mr.  Yan  Buren  and  his  party  lead 
ers  were  to  preside  at  the  meeting,  and  thus  that  an  intelligent  sign  might  be 
given  to  the  south,  that  he  sustained  her  claim.  We  infer  nothing  against  Mr. 
Yan  Buren  himself  from  the  failure ;  but  we  do  infer  this,  either  that  his  Al 
bany  partisans  reject  the  claim,  or  fear  to  encounter  public  opinion  by  adopt 
ing  it.  Either  way  it  may  be  regarded  as  decisive  of  the  fate  of  the  demand 
itself,  and  as  conclusive  that  nothing  will  be  done  by  the  state  of  New  York 
to  suppress  the  fanatics  by  law.  New  York  is  the  hotbed  of  the  sect ;  and 
nothing  being  done  there,  what  may  be  done  elsewhere  will  avail  nothing." 

The  Philadelphia  Inquirer  said  :  "  The  south  has  called  upon  the  north  for 
action  in  relation  to  Garrison  and  his  co-workers :  Philadelphia,  at  least,  has 
responded  to  this  call  in  a  spirit  of  the  utmost  liberality.  The  resolutions 
adopted  at  the  town  meeting  of  Monday  last  not  only  denounce  the  recent 
movements  of  the  abolitionists,  but  they  expressly  disclaim  any  '  right  to  inter 
fere,  directly  or  indirectly,  with  the  subject  of  slavery  in  the  southern  states,' 
and  aver  that  any  action  upon  it  by  the  people  of  the  north  would  be  not  only 
a  violation  of  the  constitution,  but  a  presumptuous  infraction  of  the  rights  of 
the  south ;  and  further,  one  of  them  recommends  to  the  legislature  of  this 
commonwealth  to  enact,  at  the  next  session,  certain  provisions  to  protect  our 
fellow-citizens  of  the  south  from  any  incendiary  movements  within  our  borders, 
should  any  such  hereafter  be  made.  Are  not  these  declarations  to  the  point  ? 
Do  they  not  cover  the  whole  ground  ?  Do  they  not  go  even  farther  than  many 
of  the  resolutions  passed  at  public  meetings  in  the  south  ?" 

Despairing  of  seeing  the  progress  of  anti-slavery  sentiment  arrested  by  leg 
islation,  the  south  suggested  the  remedy  of  non-intercourse  and  disunion.  In 
the  resolutions  of  a  public  meeting  in  South  Carolina,  it  was  declared  "that 
when  the  southern  states  are  reduced  to  the  alternative  of  choosing  either  union 
without  liberty,  or  disunion  with  liberty  and  property,  be  assured  they  will  not 
hesitate  which  to  take,  and  will  make  the  choice  promptly,  unitedly,  and  fear- 


504  THE  MAIL  TROUBLES. 

lessly."  And  it  was  unanimously  resolved,  "  that  should  the  non-slaveholding 
states  omit  or  refuse,  at  the  ensuing  meeting  of  their  respective  legislatures,  to 
put  a  final  stop  to  the  proceedings  of  their  abolition  societies  against  the  do 
mestic  peace  of  the  south,  and  effectually  prevent  any  further  interference  by 
them  with  our  slave  population,  by  efficient  penal  taws,  it  will  then  become 
the  solemn  duty  of  the  whole  south,  in  order  to  protect  themselves  and  secure 
their  rights  and  property  against  the  unconstitutional  combination  of  the  non- 
slaveholding  states,  and  the  murderous  designs  of  their  abolitionists,  to  with 
draw  from  the  union.-" 

In  relation  to  the  suspension  of  commercial  intercourse,  the  Richmond  Whig 
said  :  "  The  suggestion  of  acting  upon  fanaticism  by  withholding  the  profits 
of  southern  commerce  from  those  engaged,  either  actively  or  by  countenance^ 
in  propagating  its  designs,  is  obtaining  extensive  popularity.  A  general  per 
suasion  prevails  of  its  efficacy.  It  is  an  argument  which  will  carry  more  weight 
than  appeals  to  justice,  humanity,  and  fraternal  affection.  It  is  never  lost  to 
mankind.  Through  the  purse  is  the  surest  road  to  the  understandings  of  men ; 
especially,  so  we  have  been  taught  to  believe,  to  the  understandings  of  those 
with  whom  the  south  is  now  contending.  Southern  commerce  is  essential  to 
the  north.  Can  the  south  be  blamed  for  cutting  off  the  resources  employed  to 
disturb  its  tranquility,  and  overthrow  its  institutions  ?  Where  is  the  illiberal- 
ity  ?  Where  is  the  injustice  ?  That  all  should  suffer  where  a  part  only  are 
guilty,  is  to  be  deplored  but  not  avoided.  When  the  innocent  feel  the  conse 
quences,  they  will  be  stimulated  to  more  active  steps  for  the  suppression  of  the 
wretches  who  have  wrought  so  much  mischief  and  engendered  so  much  bad 
feeling 

"  The  merchants  are  well  disposed  to  the  experiment ;  but  they  say  its  suc 
cess  depends  upon  the  country,  not  the  cities.  Without  the  cooperation  of 
the  country  citizens — without  they  put  their  shoulders  to  the  wheel,  and  dis 
courage  the  custom  of  buying  goods  in  the  north — they  can  do  nothing.  They 
are  ready  to  promise,  and  to  fulfill  the  promise,  that,  if  the  country  will  buy 
their  goods,  they  shall  have  them  as  cheap  and  as  good  as  the  northern  mar 
kets  now  supply.  Let  none  be  alarmed  by  the  silly  and  traitorous  clamor  put 
up  about  the  Union.  The  articles  of  Union,  we  presume,  do  not  inhibit  the 
south  from  caring  for  its  own  safety,  or  promoting  its  own  prosperity." 

Application  was  made  to  the  postmaster-general  to  interpose  his  authority 
to  prevent  the  transmission,  by  mail,  of  anti-slavery  papers  and  documents. 
In  answer  to  a  request  of  a  meeting  in  Petersburg,  Virginia,  to  adopt  in  his 
department  some  regulation  to  this  effect,  Mr  Kendall,  under  date  of  August 
20,  1835,  said  it  was  not  in  his  power,  by  any  lawful  regulation,  to  obviate  the 
evil.  Such  a  power,  if  any  necessity  for  it  existed,  ought  not  to  be  vested  in 
the  head  of  the  executive  department.  He,  however,  regarded  the  transmis 
sion,  through  tie  mail,  of  papers  "tending  to  promote  discontent,  sedition, 
and  servile  war,  from  one  state  to  another,  as  a  violation  of  the  spirit,  if  not 
the  letter,  of  the  federal  compact,  which  would  justify,  on  the  part  of  the  in 
jured  states,  any  measure  necessary  to  effect  their  exclusion. "  For  the  pres- 


AMERICAN  ANTI-SLAVERY  SOCIETY.  505 

ent,  the  only  means  of  relief  was  "  in  responsibilities  voluntarily  assumed  by 
the  postmasters."  He  hoped  congress  would,  at  the  next  session,  put  a  stop 
to  the  evil,  and  pledged  his  exertions  to  promote  the  adoption  of  a  measure 
for  that  purpose. 

Conceiving  the  principles  and  objects  of  anti-slavery  associations  to  be  mis 
understood,  the  officers  of  the  American  anti-slavery  society  published  in  its 
defense  the  following  address  "TO  THE  PUBLIC  :" 

"  In  behalf  of  the  American  anti-slavery  society,  we  solicit  the  candid  at 
tention  of  the  public  to  the  following  declaration  of  our  principles  and  objects. 
Were  the  charges  which  are  brought  against  us,  made  only  by  individuals  who 
are  interested  in  the  continuance  of  slavery,  and  by  such  as  are  influenced 
solely  by  unworthy  motives,  this  address  would  be  unnecessary ;  but  there  are 
those  who  merit  and  possess  our  esteem,  who  would  not  voluntarily  do  us  in 
justice,  and  who  have  been  led  by  gross  misrepresentations  to  believe  that  we 
are  pursuing  measures  at  variance,  not  only  with  the  constitutional  rights  of 
the  south,  but  with  the  precepts  of  humanity  and  religion.  To  such  we  offer 
the  following  explanations  and  assurances  : 

"  1st.  We  hold  that  congress  has  no  more  right  to  abolish  slavery  in  the 
southern  states,  than  in  the  French  West  India  islands.  Of  course  we  desire 
no  national  legislation  on  the  subject. 

"  2d.  We  hold  that  slavery  can  only  be  lawfully  abolished  by  the  legislatures 
of  the  several  states  in  which  it  prevails,  and  that  the  exercise  of  any  other 
than  moral  influence  to  induce  such  abolition  is  unconstitutional. 

"  3d.  We  believe  that  congress  has  the  same  right  to  abolish  slavery  in  the 
District  of  Columbia,  that  the  state  governments  have  within  their  respective 
jurisdictions,  and  that  it  is  their  duty  to  efface  so  foul  a  blot  from  the  national 
escutcheon. 

"4th.  We  believe  that  American  citizens  have  the  right  to  express  and  pub 
lish  their  opinions  of  the  constitution,  laws,  and  institutions  of  any  and  every 
state  and  nation  under  heaven  ;  and  we  mean  never  to  surrender  the  liberty  of 
speech,  of  the  press,  or  of  conscience — blessings  we  have  inherited  from  our 
fathers,  and  which  we  intend,  as  far  as  we  are  able,  to  transmit  unimpaired  to 
our  children. 

"  5th.  We  have  uniformly  deprecated  all  forcible  attempts  on  the  part  of  the 
slaves  to  recover  their  liberty.  And  were  it  in  our  power  to  address  them,  we 
would  exhort  them  to  observe  a  quiet  and  peaceful  demeanor,  and  would  assure 
them  that  no  insurrectionary  movements  on  their  part  would  receive  from  us 
the  slightest  aid  or  countenance. 

"  6th.  We  would  deplore  any  servile  insurrection,  both  on  account  of  the 
calamities  which  would  attend  it,  and  on  account  of  the  occasion  which  it  might 
furnish  of  increased  severity  and  oppression. 

"  tth.  We  are  charged  with  sending  incendiary  publications  to  the  south. 
If  by  the  term  incendiary  is  meant  publications  containing  arguments  and 
facts  to  prove  slavery  to  be  a  moral  and  political  evil,  and  that  duty  and  poli 
cy  require  its  immediate  abolition,  the  charge  is  true.  But  if  this  charge  is 


506  ADDRESS  TO  THE  PUBLIC. 

used  to  imply  publications  encouraging  insurrection,  and  designed  to  excite  the 
slaves  to  break  their  fetters,  the  charge  is  utterly  and  unequivocally  false.  We 
beg  our  fellow-citizens  to  notice  that  this  charge  is  made  without  proof,  and 
by  many  who  confess  that  they  have  never  read  our  publications,  and  that  those 
who  make  it,  offer  to  the  public  no  evidence  from  our  writings  in  support  of  it. 

"  8th.  We  are  accused  of  sending  our  publications  to  the  slaves,  and  it  is 
asserted  that  their  tendency  is  to  excite  insurrections.  Both  the  charges  are 
false.  These  publications  are  not  intended  for  the  slaves,  and  were  they  able  to 
read  them,  they  would  find  in  them  no  encouragement  to  insurrection. 

"  9th.  We  are  accused  of  employing  agents  in  the  slave  states  to  distribute 
our  publications.  We  have  never  had  one  such  agent.  We  have  sent  no 
package  of  our  papers  to  any  person  in  those  states  for  distribution,  except  to 
five  respectable  resident  citizens,  at  their  own  request.  But  we  have  sent,  by 
mail,  single  papers  addressed  to  public  officers,  editors  of  newspapers,  clergy 
men,  and  others.  If,  therefore,  our  object  is  to  excite  the  slaves  to  insurrection, 
the  masters  are  our  agents. 

"We  believe  slavery  to  be  sinful,  injurious  to  this  and  every  other  country 
in  which  it  prevails ;  we  believe  immediate  emancipation  to  be  the  duty  of 
every  slaveholder,  and  that  the  immediate  abolition  of  slavery  by  those  who 
have  the  right  to  abolish  it,  would  be  safe  and  wise.  These  opinions  we  have 
freely  expressed,  and  we  certainly  have  no  intention  to  refrain  from  expressing 
them  in  future,  and  urging  them  upon  the  consciences  and  hearts  of  our  fellow- 
citizens  who  hold  slaves,  or  apologize  for  slavery. 

"  We  believe  the  education  of  the  poor  is  required  by  duty,  and  by  a  regard 
for  the  permanency  of  our  republican  institutions.  There  are  thousands  and 
tens  of  thousands  of  our  fellow-citizens,  even  in  the  free  states,  sunk  in  abject 
poverty,  and  who,  on  account  of  their  complexion,  are  virtually  kept  in  ignor 
ance,  and  whose  instruction  in  certain  cases  is  actually  prohibited  by  law !  We 
are  anxious  to  protect  the  rights,  and  to  promote  the  virtue  and  happiness  of 
the  colored  portion  of  our  population,  and  on  this  account  we  have  been 
charged  with  a  design  to  encourage  intermarriages  between  whites  and  blacks, 
This  charge  has  been  repeatedly,  and  is  now  again  denied,  while  we  repeat 
that  the  tendency  of  our  sentiments  is  to  put  an  end  to  the  criminal  amalga 
mation  that  prevails  wherever  slavery  exists. 

"  We  are  accused  of  acts  that  tend  to  a  dissolution  of  the  Union,  and  even 
of  wishing  to  dissolve  it.  We  have  never  'calculated  the  value  of  the  Union,' 
because  we  believe  it  to  be  inestimable,  and  that  the  abolition  of  slavery  will 
remove  the  chief  danger  of  its  dissolution ;  and  one  of  the  many  reasons  why 
we  cherish  and  will  endeavor  to  preserve  the  constitution  is,  that  it  restrains 
congress  from  making  any  law  abridging  the  freedom  of  speech  or  of  the  press. 

"  Such,  fellow-citizens,  are  our  principles ;  are  they  unworthy  of  republicans 
and  Christians  ?  Or  are  they  in  truth  so  atrocious,  that  in  order  to  prevent 
their  diffusion  you  are  yourselves  willing  to  surrender,  at  the  dictation  of  oth 
ers,  the  invaluable  privilege  of  free  discussion — the  very  birthright  of  Ameri 
cans  ?  Will  you,  in  order  that  the  abominations  of  slavery  may  be  concealed 


PINCKNEY 's  RESOLUTIONS.  507 

from  public  view,  and  that  the  capital  of  your  republic  may  continue  to  be,  as 
it  now  is,  under  the  sanction  of  congress,  the  great  slave  mart  of  the  Ameri 
can  continent,  consent  that  the  general  government,  in  acknowledged  defiance 
of  the  constitution  and  laws,  shall  appoint  throughout  the  length  and  breadth 
of  your  land,  ten  thousand  censors  of  the  press,  each  of  whom  shall  have  the 
right  to  inspect  every  document  you  may  commit  to  the  post-office,  and  to  sup 
press  every  pamphlet  and  newspaper,  whether  religious  or  political,  which  1:1 
his  sovereign  pleasure  he  may  adjudge  to  contain  an  incendiary  article  ?  Sure 
ly  we  need  not  remind  you,  that  if  you  submit  to  such  an  encroachment  on 
your  liberties,  the  days  of  our  republic  are  numbered,  and  that  although  aboli 
tionists  may  be  the  first,  they  will  not  be  the  last  victims  offered  at  the  shrine 
of  arbitrary  power." 

Petitions  from  the  free  states  praying  for  the  abolition  of  slavery  and  the 
slave-trade  in  the  District  of  Columbia  were  daily  presented  in  congress. 
Southern  members  objected  to  receiving  the  petitions,  as  praying  for  an  act 
that  was  unconstitutional — interference  with  the  right  of  property  without  the 
consent  of  the  owners  ;  and  also  that  such  interference  would  be  a  violation  of 
good  faith  with  the  states  of  Maryland  and  Virginia,  which  ceded  the  territory 
of  the  district  to  the  general  government.  The  discussion  resulted  in  the 
adoption,  by  a  large  majority,  February  8,  1836,  of  the  following  resolution  of 
Mr.  Pinckney,  of  South  Carolina  : 

"Resolved,  That  all  the  memorials  which  have  been  offered,  or  which  may 
hereafter  be  presented  to  this  house,  praying  for  the  abolition  of  slavery  in  the 
District  of  Columbia,  and  also  the  resolutions  offered  by  an  honorable  mem- 
oer  from  Maine,  (Mr.  Jarvis,)  with  the  amendment  thereto  proposed  by  an 
honorable  member  from  Virginia,  (Mr.  Wise,)  and  every  other  paper  or  prop 
osition  that  may  be  submitted  in  relation  to  that  subject,  be  referred  to  a  select 
committee,  with  instructions  to  report  that  congress  possesses  no  constitutional 
authority  to  interfere  in  any  way  with  the  institution  of  slavery  in  any  of  the 
states  of  this  confederacy ;  and  that,  in  the  opinion  of  this  house,  congress 
ought  not  to  interfere  in  any  way  with  slavery  in  the  District  of  Columbia,  be 
cause  it  would  be  a  violation  of  the  public  faith,  unwise,  impolitic,  and  danger 
ous  to  the  Union." 

On  the  18th  of  May,  Mr.  Pinckney,  from  the  select  committee  appointed  on 
his  motion,  reported  three  resolutions ;  the  first  denying  the  power  of  congress 
over  slavery  in  the  states  ;  the  second,  declaring  that  congress  ought  not  to  in 
terfere  with  it  in  the  District  of  Columbia.  The  third,  which  was  not  contem 
plated  by  the  instructions  to  the  committee,  required  all  petitions  and  papers 
relating  to  the  subject,  to  be  at  once  laid  upon  the  table,  without  being  printed 
or  referred,  and  without  any  other  action  on  them.  On  the  25th  of  May,  the  vote 
was  taken  on  the  first  resolution,  under  the  pressure  of  the  previous  question. 
Mr.  Adams  said,  if  the  house  would  allow  him  five  minutes,  he  would  prove 
the  resolution  to  be  false.  Eight  members  were  understood  to  have  voted  in 
the  negative :  Messrs.  Adams,  Jackson  and  Phillips,  of  Mass.,  Everett  and 
33 


508  THE  MAIL  TROUBLES. 

Slade,  of  Yt.,  Clark,  Denny  and  Potts,  of  Penn.  The  second  resolution  was 
adopted  the  next  day,  132  to  45;  the  third  117  to  68. 

In  the  senate,  the  principal  discussion  on  the  disposal  of  abolition  petitions 
was  upon  one  from  the  society  of  the  "Friends"  in  the  stale  of  Pennsylvania, 
adopted  at  the  Cain  quarterly  meeting.  It  was  presented  the  llth  of  January, 
by  Mr.  Buchanan,  who  said  he  was  in  favor  of  giving  the  memorial  a  respect 
ful  reception  ;  but  he  wished  to  put  the  question  at  rest.  He  should  therefore 
move  that  the  memorial  be  read,  and  that  the  prayer  of  the  memorialists  be  re 
jected.  The  question  on  receiving  the  petition  was,  on  the  9th  of  March,  de 
cided  in  the  affirmative  :  ayes,  36  ;  noes,  10;  the  latter  all  from  southern  sen 
ators.  On  the  llth,  the  whole  subject,  including  the  rejection  of  the  petition, 
was  agreed  to.  34  to  6.  Those  who  voted  in  the  negative,  were  Messrs.  Davis 
and  Webster,  from  Mass.,  Prentiss,  of  Yt,  Knight,  of  11.  I.,  and  Southard,  of 
New  Jersey.  .  ^ 

But  the  most  important  action  of  the  senate  was  upon  a  bill  to  prohibit  the 
circulation  of  abolition  publications  by  mail.  The  president  had  in  his  annual 
message  called  the  attention  of  congress  to  the  subject.  He  said  :  "  I  must 
also  invite  your  attention. to  the  painful  excitement  produced  in  the  south,  by 
attempts  to  circulate^  through  the  mails,  inflammatory  appeals  addressed  to 
the  passions  of  the  slaves,  in  prints,  and  in  various  sorts  of  publications,  calcu 
lated  to  stimulate  them  to  insurrection,  and  to  produce  all  the  horrors  of  a 
servile  war."  He.  said  it  was  "fortunate  for  the  country,  that  the  good  sense 
and  generous  feeling  of  the  people  of  the  non-slaveholding  states"  were  so 
strong  "  against  the  proceedings  of  the  misguided  persons  who  had  engaged 
in  these  unconstitutional  and  wicked  attempts,  as  to  authorize  the  hope  that 
these  attempts  will  no  longer  be  persisted  in."  But  if  these  expressions  oi 
the  public  will  should  not  effect  the  desirable  result,  he  did  "  not  doubt  that  the 
non-slaveholding  states  would  exercise  their  authority  in  suppressing  this  in 
terference  with  the  constitutional  rights  of  the  south."  And  he  would  respect 
fully  suggest  the  passing  of  a  law  that  would  "prohibit,  under  severe  penal 
ties,  the  circulation  in  the  southern  states,  through  the  mail,  of  incendiary 
publications,  intended  to  instigate  the  slaves  to  insurrection." 

This  part  of  the  message  was,  on  motion  of  Mr.  Calhoun,  referred  to  a  se 
lect  committee,  which,  in  accordance  with  his  wishes,  was  composed  mainly  of 
senators  from  the  slaveholding  states.  They  were  Messrs.  Calhoun,  King,  of 
Georgia,  Mangum,  Linn,  and  Davis  ;  th,e  last  alone  being  from  the  free  staies. 
The  report  of  the  committee  was  made  the  4th  of  February.  Notwithstand 
ing  four-fifths  of  its  members  were  southern,  only  Messers.  Calhoun  and  Man- 
gum  were  in  favor  of  the  entire  report.  The  accompanying  bill  prohibited 
postmasters  from  knowingly  putting  into  the  mail  any  printed  or  written  paper 
or  pictorial  representation  relating  to  slavery  addressed  to  any  person  in  a 
state  in  which  their  circulation  was  forbidden  ;  and  it  prohibited  postmasters  in 
such  state  from  delivering  such  papers  to  any  person  not  authorized  by  the  laws 
of  the  state  to  receive  them.  And  the  postmasters  of  the  offices  where  such 
papers  were  deposited,  were  required  to  give  notice  of  the  same  from  time  to 


ANTI-SLAVERY  PUBLICATIONS.  509 

time;  uwl  it'  the  papers  were  not,  within  one  month  withdrawn  by  the  person 
depositing  them,  they  were  to  be  burnt  or  otherwise  destroyed.  Mr.  Linn, 
though  dissenting  from  parts  of  the  report,  approved  the  bill.  vXkf « 

Mr.  Culhoun,  in  his  report,  reiterated  his  favorite  doctrine  of  state  sove 
reignty  ;  from  which  he  deduced  the  inherent  right  of  a  state  to  defend  itself 
against  internal  dangers ;  and  he  denied  the  right  of  the  general  government 
to  assist  a  state,  even  in  case  of  domestic  violence,  except  on  application  of 
the  authorities  of  the  state  itself.  He  said  it  belonged  to  the  slaveholding 
states,  whose  institutions  were  in  danger,  and  not  to  congress,  as  the  message 
supposed,  to  determine  what  papers  were  incendiary ;  and  he  asserted  the 
proposition,  that  each  state  was  under  obligation  to  prevent  its  citizens  from 
disturbing  the  peace  or  endangering  the  security  of  other  states ;  and  that,  in 
case  of  being  disturbed  or  endangered,  the  latter  had  a  right  to  demand  of  the 
former  the  adoption  of  measures  for  their  protection.  And  if  it  should  ne 
glect  its  duty,  the  states  whose  peace  was  assailed  might  resort  to  means  to 
protect  themselves,  as  if  they  were  separate  and  independent  communities. 

As  motives  to  suppress  by  law  the  efforts  of  the  abolitionists,  the  report 
mentioned  the  danger  of  their  accomplishing  their  object,  the  abolition  of 
slavery  in  the  southern  states,  and  the  consequent  evils  which  would  attend  it. 
It  would  destroy  property  to  the  amount  of  $950,000,000,  and  impoverish  an 
entire  section  of  the  Union.  By  destroying  the  relation  between  the  two  races, 
the  improvement  of  the  condition  of  the  colored  people,  now  so  rapidly  going 
on,  and  by  which  they  had  been,  both  physically  and  intellectually,  and  in  re 
spect  to  the  comforts  of  life,  elevated  to  a  condition  enjoyed  by  the  loboring 
class  in  few  countries,  and  greatly  superior  to  that  of  the  free  people  of  the 
same  race  in  the  non-slaveholding  states,  would  be  arrested  ;  and  the  two  races 
would  be  placed  in  a  state  of  conflict  which  must  end  in  the  expulsion  or  extir 
pation  of  one  or  the  other. 

The  bill,  reported  by  Mr.  Calhoun,  sustained  by  the  combined  influence  of 
his  own  report  and  the  executive  recommendation,  made  its  way  nearly  through 
the  senate.  Mr.  Webster  opposed  the  bill,  because  it  was  vague  and  obscure, 
in  not  sufficiently  defining  the  publications  to  be  prohibited.  Whether  for  or 
against  slavery,  if  they  "touched  the  subject,"  they  would  come  under  the 
prohibition.  Even  the  constitution  might  be  prohibited.  And  the  deputy 
postmaster  must  decide,  and  decide  correctly,  under  pain  of  being  removed  from 
office  !  He  must  make  himself  acquainted  with  the  laws  of  all  the  states  on 
the  subject,  and  decide  on  them,  however  variant  they  might  be  with  each  other. 
The  bill  also  conflicted  with  that  provision  of  the  constitution  which  guarantied 
the  freedom  of  speech  and  of  the  press.  If  a  newspaper  came  to  him,  he  had 
a  property  in  it ;  and  how  could  any  man  take  that  property  and  burn  it  with 
out  due  form  of  law  ?  And  ho,w  could  that  newspaper  be  pronounced  an  un 
lawful  publication,  and  having  no  property  in  it,  without  a  legal  trial  ?  He 
argued  against  the  right  to  examine  into  the  nature  of  publications  sent  to  the 
post-office,  and  said  that  the  right  of  an  individual  in  his  papers  was  secured 
to  him  in  every  free  country  in  the  world. 


510  BILL  REJECTED. 

Mr.  Clay  said  the  papers,  while  in  the  post-office  or  in  the  mail,  did  no 
harm  ;  it  was  their  circulation — their  being  taken  out  of  the  mail,  and  the  use 
made  of  them — that  constituted  the  mischief;  and  the  state  authorities  could 
apply  the  remedy.  The  instant  a  prohibited  paper  was  handed  out,  whether 
to  a  citizen  or  a  sojourner,  he  was  subject  to  the  law  which  might  compel  him 
to  surrender  or  to  burn  it.  The  bill  was  vague  and  indefinite,  unnecessary  and 
dangerous.  It  applied  to  non-slaveholding  as  well  as  to  slaveholding  states ; 
to  papers  touching  slavery,  as  well  for  as  against  it ;  and  a  non-slaveholding  state 
might,  under  this  bill,  prohibt  publications  in  defense  of  slavery.  But  the  law 
would  be  inoperative :  the  postmaster  was  not  amenable,  unless  he  delivered 
the  papers  knowing  them  to  be  incendiary ;  and  he  had  only  to  plead  igno 
rance  to  avoid  the  penalty  of  the  law.  Mr.  Clay  wished  to  know  whence  con 
gress  derived  the  power  to  pass  this  law.  The  senator  from  Pennsylvania  had 
asked  if  the  post-office  power  did  not  give  the  right  to  say  what  should  be  car 
ried  in  the  mails.  There  was  no  such  power  as  that  claimed  in  the  bill.  If 
such  doctrine  prevailed,  the  government  might  designate  the  persons,  or  par 
ties,  or  classes,  who  should  have  the  exclusive  benefit  of  the  mails. 

Before  the  question  was  taken  on  the  engrossment  of  the  bill,  a  motion  by 
•Mr.  Calhoun  to  amend  it  so  as  to  prevent  the  withdrawal  of  the  prohibited 
papers,  was  negatived,  15  to  15.  An  amendment  offered  by  Mr.  Grundy,  re 
stricting  the  punishment  of  deputy-postmasters  to  removal  from  office,  was 
agreed  to  ;  and  the  bill  was  reported  to  the  senate.  Mr.  Calhoun  renewed 
his  motion  in  senate,  and  it  was  again  lost,  15  to  15.  In  committee  of  the 
whole,  the  vice-president  did  not  vote  in  the  case  of  a  tie.  The  question  being 
then  taken  on  the  engrossment,  there  was  again  a  tie,  18  to  18.  The  vice- 
president  having  temporarily  left  the  chair,  returned,  and  gave  the  casting  vote 
in  the  affirmative.  Of  the  senators  from  the  free  states  voting  in  the  affir 
mative,  were  Messrs.  Buchanan,  Tallmadge  and  Wright.  Those  who  voted 
in  the  negative  from  the  slave  states,  were  Messrs.  Benton,  Clay,  and  Kent, 
of  Maryland.  "- '$*"•< 

This  casting  vote  of  Mr.  Van  Buren,  and  the  several  votes  of  Mr.  Wright, 
who  voted  with  Mr.  Calhoun  on  this  subject,  have  been  justified  by  their  friends 
on  the  ground  that  Mr.  Calhoun  (to  use  the  language  of  Mr.  Benton,)  "had 
made  the  rejection  of  the  bill  a  test  of  alliance  with  northern  abolitionists,  and 
a  cause  for  the  secession  of  the  southern  states  ;  and  if  this  bill  had  been  re 
jected  by  Mr.  Van  Buren's  vote,  the  whole  responsibility  of  its  loss  would 
have  been  thrown  upon  him  and  the  north,  and  the  south  inflamed  against  those 
states  and  himself — the  more  so,  as  Mr.  White,  of  Tennessee,  the  opposing 
democratic  candidate  for  the  presidency,  gave  his  votes  for  the  bill. "  The  sev 
eral  successive  tie  votes  have  been  ascribed  to  design — that  of  placing  Mr. 
Van  Buren  in  this  position.  With  this  intent,  other  senators  voted  for  the 
bill,  and  still  others  absented  themselves,  knowing  it  would  not  finally  pass. 
This  supposition  was  strengthened  by  the  full  vote  given  on  the  question  of 
its  final  passage:  yeas,  19;  noes,  25;  only  four  absent;  the  three  senators 
from  the  free  states,  Buchanan,  Tallmadge  and  Wright,  again  voting  in  the 


GAG  RESOLUTIONS.  511 

affirmative ;  and  Benton,  Clay,  Crittenden,  Goldsborough  and  Kent,  of  Mary 
land,  Leigh,  Naudain,  of  Delaware,  in  all  seven,  from  slave  states,  in  the 
negative. 

On  the  llth  of  December,  1838,  Mr.  Artherton,  of  New  Hampshire,  offered 
a  series  of  resolutions,  denouncing  petitions  for  the  abolition  of  slavery  in  the 
District  of  Columbia,  and  against  the  slave-trade  between  the  states,  as  a  plan 
indirectly  to  destroy  that  institution  within  the  several  states  ;  declaring  that 
congress  has  no  right  to  do  that  indirectly  which  it  can  not  do  directly ;  that 
the  agitation  of  this  question  for  the  above  purpose,  is  against  the  true  spirit 
and  meaning  of  the  constitution,  and  an  infringement  of  the  rights  of  the  states 
affected,  and  a  breach  of  the  public  faith  on  which  they  entered  into  the  con 
federacy  ;  and  that  every  petition,  memorial,  or  paper  relating  in  any  way  to 
slavery  as  aforesaid,  should,  on  presentation,  without  further  action  thereon, 
be  laid  on  the  table  without  being  debated,  printed  or  referred. 

After  the  close  of  a  speech  in  support  of  these  resolutions,  Mr.  Atherton 
moved  the  previous  question,  which  was  seconded,  103  to  102.  A  motion  to 
adjourn,  that  the  resolutions  might  be  printed,  so  that  the  house  might  vote  un- 
derstandingly,  was  objected  to  by  Mr.  Cushman,  of  New  Hampshire  ;  and  the 
main  question  was  ordered,  114  to  lOt.  The  resolutions  were  subsequently 
all  adopted  by  different  votes.  That  which  related  to  the  reception  of  petitions 
was  adopted  by  a  vote  of  127  to  78.  These  resolutions,  as  well  as  their  au 
thor,  obtained  considerable  notoriety,  being  generally  referred  to  by  the  friends 
of  the  right  of  petition,  as  "  Atherton's  gag  resolutions."  Although  the  fifth 
resolution,  like  one  adopted  at  a  former  session,  prevented  a  formal  reception 
of  petitions,  it  did  not  apparently  affect  their  presentation.  They  were  daily 
offered  as  usual;  indeed,  an  additional  object  of  petition  was  furnished;  nu 
merous  petitions  being  presented  for  the  abolition  of  the  gag  resolutions.* 


CHAPTER   XXVIII. 

'•'**''  *  •• 

PERIOD  FROM  1835  TO  1842. — POLITICAL  HISTORY. 

Free  territory  annexed  to  Missouri,  1836. — Texas  applies  for  annexation. — Remonstrances 
— Preston's  resolution  in  1838,  in  favor  of  it,  debated  by  Preston,  John  Quincy  Adams 
and  Henry  A.  Wise. — The  Amistad — Captives  liberated. — Census  of  1840. — Session 
of  1841-2. — Mr.  Adams  presents  petition  for  dissolution  of  the  Union. — Excitement  in 
the  house. — Resolutions  of  censure,  advocated  by  Marshall. — Remarks  of  Mr.  Wise 
and  Mr.  Adams. — Resolutions  opposed  by  Underwood,  of  Kentucky,  Botts,  of  Vir 
ginia,  Arnold,  of  Tennessee,  and  others. — Mr.  Giddings,  of  Ohio,  presents  petition  for 
amicable  division  of  the  Union — resolution  of  censure  not  received. — Case  of  the 
Creole.— Censure  of  Mr.  Giddings ;  he  resigns,  is  re-elected. 


T 


HE  state  of  Missouri,  as  originally  organized,  was  bounded  on  the  west  by 
a  line  which  excluded  a  triangle  west  of  said  line,  and  between  it  and  the  Mis 
souri,  which  was  found,  in  time,  to  be  exceedingly  fertile  and  desirable.  It 

*  Young's  Political  History. 


TEXAS  APPLIES  FOR  ANNEXATION. 

was  free  soil  by  the  terms  of  the  Missouri  compact,  and  was  also  covered  by 
Indian  reservations,  not  to  be  removed  without  a  concurrence  of  two-thirds  of 
the  senate.  Messrs.  Benton  and  Linn,  senators  from  Missouri,  undertook  the 
difficult  task  of  engineering  through  congress  a  bill  including  this  triangle 
(large  enough  to  form  seven  counties)  within  the  state  of  Missouri;  which 
they  effected,  at  the  long  session  of  1835-6,  so  quietly  as  hardly  to  attract  at 
tention  The  bill  was  first  sent  to  the  senate's  committee  on  the  judiciary, 
where  a  favorable  report  was  procured  from  Mr.  John  M.  Clayton,  of  Dela 
ware,  its  chairman ;  and  then  it  was  floated  through  both  houses  without  en 
countering  the  perils  of  a  division.  The  requisite  Indian  treaties  were  likewise 
carried  through  the  senate ;  so  Missouri  became  possessed  of  a  large  and  de 
sirable  accession  of  territory,  which  has  since  become  one  of  her  most  populous 
and  wealthy  sections,  devoted  to  the  growing  of  hemp,  tobacco,  &c.,  and  culti 
vated  by  slaves.  This  is  the  most  pro-slavery  section  of  the  state. 

In  1837,  the  republic  of  Texas  applied  for  annexation  to  the  United  States 
Remonstrances  against  it,  and  resolutions  passed  by  state  legislatures  for  and 
.against  annexation,  were  sent  to  congress  and  presented  at  the  session  of 
183T-8.  On  the  4th  of  January,  1838,  Mr.  Preston,  senator  of  South  Caro 
lina,  offered  the  following  preamble  and  resolution  : 

"WHEREAS,  the  just  and  true  bounifcary  of  the  United  States  under  the  treaty  of 
Louisiana,  extended  on  the  southwest  to  the  Rio  Grande  del  Norte,  which  river  continued 
to  be  the  boundary  line  until  the  territory  west  of  the  Sabiue  was  surrendered  to  Spain 
by"the  treaty  of  1819. 

'  'And  whereas  such  surrender  of  a  portion  of  the  territory  of  the  United  States  is  of 
evil  precedent  and  doubtful  constitutionality. 

'  'And  whereas  many  weighty  considerations  of  policy  make  it  expedient  to  re-estab 
lish  the  said  true  boundary,  and  to  re-annex  to  the  United  States  the  territory  occupied 
by  the  slate  of  Texas,  with  the  consent  of  the  said  state : 

"Be  it  therefore  resolved,  that,  with  the  consent  of  the  said  state  previously  had,  and 
whenever  it  can  be  effected  consistently  with  the  faith  and  treaty  stipulations  of  the 
United  States,  it  is  desirable  and  expedient  to  re-annex  the  said  territory  to  the  United 
States." 

4  On  the  24th  of  April,  1838,  the  resolution  was  taken  up  for  consideration, 
and  supported  by  a  speech,  which  is  valuable  for  the  historical  information 
which  it  contains  : 

Mr.  Preston  said  his  proposition  was  not  indecorous  or  presumptuous,  since 
the  lead  had  been  given  by  Texas  herself.  The  question  of  annexation,  on 
certain  terms,  had  been  submitted  to  the  people  of  the  republic,  aud  decided 
in  the  affirmative  ;  and  a  negotiation  had  been  proposed  for  effecting  the  ob 
ject.  Nor  did  his  resolution  give  just  cause  of  offense  to  Mexico.  Its  terms 
guarded  our  relations  with  that  republic.  Our  intercourse  with  Mexico  should 
be  characterized  by  fair  dealing,  on  account  of  her  unfortunate  condition,  re 
sulting  from  a  long  continued  series  of  intestine  dissensions.  As  long,  there 
fore,  as  she  should  attempt  to  assert  her  pretensions  by  actual  force,  or  as  long 
as  there  was  a  reasonable  prospect  that  she  had  the  power  and  the  will  to  re- 
subjugate  Texas,  he  would  not  interfere.  He  believed  that  period  had  already 


v^-^ 


MR.  PRESTON.  513 

passed.  In  this  opinion  he  differed,  perhaps,  from  the  executive.  The  nego 
tiation  had  been  declined  by  the  secretary  of  state,  because  it  would  involve 
our  relations  with  Mexico.  Admitting  that  the  executive  had  more  extensive 
and  exact  information  upon  this  question  than  he  (Mr.  Preston)  could  have, 
the  resolution  therefore  expressed  an  opinion  in  favor  of  the  annexation  only 
when  it  could  be  done  without  disturbing  our  relations  with  Mexico. 

The  acquisition  of  territory,  Mr.  Preston  said,  had  heretofore  been  effected 
by  treaty  ;  and  this  mode  of  proceeding  had  been  proposed  by  the  Texan  min 
ister,  General  Hunt.  But  he  believed  it  would  comport  more  with  the  impor 
tance  of  the  measure,  that  both  branches  of  the  government  should  concur ; 
the  legislature  expressing  a  previous  opinion ;  which  being  done,  all  difficulties 
might  be  avoided  by  a  treaty  tripartite,  between  Mexico,  Texas,  and  the  United 
States,  in  which  the  consent  and  confirmation  of  Mexico  (for  a  pecuniary  con 
sideration,  perhaps,)  might  be  had  without  infringing  the  acknowledged  inde 
pendence  and  free  agency  of  Texas. 

Mr.  P.  proceeded  to  show  that  "  the  Texan  territory  was  once  a  part  of  the 
United  States.  In  1762,  France  ceded  Louisiana  to  Spain.  In  1800,  Spain 
re-ceded  it  to  France.  In  1804,  France  ceded  it  to  the  United  States.  The 
extent  of  the  French  claim,  therefore,  determined  ours,  and  included  Missis 
sippi  and  all  the  territories  drained  by  its  western  tributaries.  It  rested  upon 
the  discovery  of  La  Salle,  in  1683,  who  penetrated  from  Canada  by  land,  de 
scended  the  Mississippi,  and  established  a  few  posts  on  its  banks.  Soon  after 
wards,  endeavoring  to  enter  the  mouth  of  that  river  from  the  gulf,  he  passed 
it  unperceived,  and  sailing  westward,  discovered  the  bay  of  St.  Bernard,  now 
called  Matagorda,  whence,  a  short  distance  in  the  interior,  he  established  a 
military  post  on  the  bank  of  the  Guadaloupe,  and  took  possession  of  the  coun 
try  in  the  name  of  his  sovereign.  The  western  limits  of  the  territory,  enuring 
to  the  French  crown  by  virtue  of  this  discovery,  was  determined  by  the  appli 
cation  of  a  principle  recognized  by  European  powers  making  settlements  in 
America,  viz :  that  the  dividing  line  should  be  established  at  a  medium  distance 
between  their  various  settlements.  At  the  time  of  La  Salle's  settlement,  the 
nearest  Spanish  possession  was  a  small  post  called  Panuco,  at  the  point  where 
a  river  of  that  name  falls  into  the  bay  of  Tampico.  The  medium  line  between 
Panuco  and  the  Guadaloupe  was  the  Rio  Grande,  which  was  assumed  as  the 
true  boundary  between  France  and  Spain.  France  asserted  her  claim  to  that 
boundary  from  1685,  the  period  of  La  Salle's  discovery,  up  to  1162,  when,  by 
the  cession  of  Louisiana  to  Spain,  the  countries  were  united  and  the  bounda 
ries  obliterated." 

Mr.  P.  referred  to  Mr.  Adams'  letter  to  Don  Onis,  of  March,  1818,  in  which 
he  recapitulated  the  testimony  in  favor  of  the  French  title.  Mr.  Jefferson  ex 
pressed  the  same  opinion.  Messrs.  Monroe  and  Pinckney,  in  1805,  in  obedi 
ence  to  instructions  from  Mr.  Madison,  then  secretary  of  state,  asserted  our 
claim  west  to  the  Rio  Grande,  in  their  correspondence  with  the  Spanish  com 
missioner.  Mr.  Monroe,  when  president,  held  equally  strong  language,  through 


514  APPLICATION  OP  TEXAS. 

Mr.  Adams,  his  secretary  of  state.     General  Jackson  entertained  the  same 
opinion. 

To  the  testimony  of  these  presidents,  he  added  the  authority  of  the  senator 
from  Kentucky.  During  the  delay  on  the  part  of  Spain,  in  ratifying  the  treaty 
of  1819,  that  senator,  then  in  the  other  house,  taking  the  same  view  of  the 
treaty  which  he  (Mr.  P.)  was  now  urging — that  it  was  a  cession  of  a  part  of 
our  territory  to  which  the  treaty-making  power  was  incompetent — offered  the 
following  resolutions : 

"1.  Resolved,  That  the  constitution  of  the  United  States  vests  in  congress  no  power  to 
dispose  of  the  territory  belonging  to  them;  and  that  no  treaty  purporting  to  alienate  any 
portion  thereof  is  valid,  without  the  concurrence  of  congress. 

"2.  Rewlwd,  That  the  equivalent  proposed  to  be  given  by  Spain  to  the  United  States, 
for  that  part  of  Lousiana  west  of  the  Sabine,  was  inadequate,  and  that  it  would  be  in 
expedient  to  make  a  transfer  thereof  to  any  foreign  power.".:  .  .  .....^jiwjtj 

•"  The  author  of  these  resolutions,  in  advocating  them,  said  :  '  lie  presumed 
the  spectacle  would  not  be  presented  of  questioning,  in  this  branch  of  the  gov 
ernment,  our  title  to  Texas,  which  had  been  constantly  maintained  by  the  ex 
ecutive  for  more  than  fifteen  years  past,  under  three  successive  administrations.' 
And  he  said  :  '  In  the  Florida  treaty,  it  was  not  pretended  that  the  object  was 
simply  a  declaration  of  where  the  western  line  of  Louisiana  was ;  it  Was,  on 
the  contrary,  the  case  of  an  avowed  cession  of  territory  from  the  United  States 
to  Spain.  The  whole  of  the  correspondence  manifested  that  the  respective 
parties  to  the  negotiation  were  not  engaged  so  much  in  an  inquiry  where  the 
limit  of  Louisiana  was,  as  where  it  should  be.  We  find  various  limits  discussed. 
Finally  the  Sabine  is  fixed,  which  neither  of  the  parties  ever  contended  was 
the  ancient  limit  of  Louisiana.  And  the  treaty  itself  proclaims  its  purpose  to 
be  a  cession  of  the  United  States  to  Spain.'  Such,  Mr.  P.  said,  were  the 
opinions  of  the  senator  in  1820,  and  he  trusted  the  wisdom  and  patriotism 
which  warred  against  that  rash  treaty  of  1819,  would  now  be  exerted  against 
its  great  and  growing  evils,  by  the  reannexation  of  Texas.  ' 

"  But  he  took  higher  ground  than  this.  Mr.  Clay  rested  the  constitutional 
objection  upon  the  incompetency  of  the  treaty-making  power  to  alienate  terri 
tory  ;  he  (Mr.  P.)  considered  it  incompetent  to  the  whole  government.  The 
constitution  vests  in  congress  the  power  "to  dispose  of  the  territory  or  other 
property  of  the  United  States.''  This  clause  was  inserted  to  give  power  to 
effect  the  objects  for  which  the  states  had  granted  these  lands  to  the  general 
government ;  and  the  true  exposition  of  the  clause  was  found  in  our  vast  and 
wise  land  system.  It  was  never  dreamed  that  congress  could  dispose  of  the 
sovereignty  of  territory  to  a  foreign  power.  The  south,  he  said,  had  gone 
blindly  into  this  treaty.  The  importance  of  Florida  had  led  them  precipitately 
into  a  measure  by  which  we  threw  a  gem  away  that  would  have  bought  ten 
Floridas.  Under  any  circumstances,  Florida  would  have  been  ours  in  a  short 
time;  but  our  impatience  had  induced  us  to  purchase  it  by  a  territory  ten  times 
as  large,  a  hundred  times  as  fertile,  and  to  give  five  millions  of  dollars  into  the 
bargain.  He  acquiesced  in  the  past ;  but  he  proposed  to  seize  the  present  fair 


MR.  PRESTON. 

• 

and  just  occasion  to  remedy  the  mistake  made  in  1819;  to  repair,  as  far  as 
possible,  the  evil  effect  of  a  breach  of  the  constitution,  by  getting  back  into  the 
Union  that  fair  and  fertile  province  which,  in  an  evil  hour,  we  severed  from  the 
confederacy. 

"  This  proposition  which  now  inflamed  the  public  mind  was  not  a  novel 
policy.  It  was  strange  that  a  measure  which  had  been  urged  for  twelve  years 
past  should  be  met  by  a  tempest  of  opposition  ;  and  very  strange  that  he  .should 
be  riding  upon  and  directing  the  storm,  who  was  first  to  propose  the  annexa 
tion  of  Texas,  as  one  of  the  earliest  measures  of  his  administration  after  he 
was  made  president.  He  had  endeavored  to  repair  the  injury  inflicted  upon 
the  country  by  the  treaty  of  1819.  As  secretary  of  state  in  1819,  he  negoti 
ated  the  treaty  of  transfer ;  in  1825,  as  president  of  the  United  States,  he 
instituted  a  negotiation  for  the  reannexation.  Through  his  secretary  of  state, 
Mr.  Clay,  he  instructed  Mr.  Poinsett,  minister  to  Mexico,  to  urge  a  negotiation 
for  the  reacquisition  of  Texas  and  the  establishment  of  the  southwest  line  of 
the  United  States  at  the  Rio  Grande  del  Norte.  Jackson  and  Van  Buren 
had  continued  the  effort ;  and  why  it  had  failed,  it  was  useless  now  to  inquire. 
It  was  certain,  that  president  Jackson  never  lost  sight  of  it,  and  that  he  con 
tinued  to  look  to  its  accomplishment  as  one  of  the  greatest  events  of  his  ad 
ministration,  to  the  moment  when  the  title  of  Mexico  was  extinguished  forever 
by  the  battle  of  San  Jacinto. 

"  Mr.  P.  considered  the  boundary  line  established  by  the  treaty  of  1819,  as 
an  improper  one,  not  only  depriving  us  of  an  extensive  and  fertile  territory, 
but  winding  wjtli  '  a  deep  indent '  upon  the  valley  of  the  Mississippi  itself, 
running  upon  the  Red  river  and  the  Arkansas.  It  placed  a  foreign  nation  in 
the  rear  of  our  Mississippi  settlements,  within  a  stone's  throw  of  that  great  out 
let  which  discharged  the  commerce  of  half  the  Union.  The  mouths  of  the 
Sabine  and  the  Mississippi  were  of  a  dangerous  vicinity.  The  great  object  of 
the  purchase  of  Louisiana  was  to  remove  all  possible  interference  of  foreign 
states  in  the  vast  commerce  of  the  outlet  of  so  many  states*  By  the  cession 
of  Texas,  this  policy  had  been  to  a  certain  extent  compromised.  lie  also  re 
ferred  to  the  insti'uctions  of  secretary  Yan  Buren  to  Mr.  Poinsett,  saying : 
'  The  line  proposed  as  the  most  desirable  to  us  would  constitute  a  most  natural 
separation  of  the  resources  of  the  two  nations.' 

"Mr.  P.  next  considered  the  report  of  a  committee  of  the  Massachusetts  legis 
lature,  which  said  :  '  The  committee  do  not  believe  that  any  power  exists  in 
any  branch  of  this  government,  or  in  all  of  them  united,  to  consent  to  such  a 
union,  (viz.  with  the  sovereign  state  of  Texas,)  nor,  indeed,  does  such 
authority  pertain,  as  an  incident  of  sovereignty,  or  otherwise,  to  the  govern 
ment,  however  absolute,  of  any  nation.'  Both  of  these  propositions  he  con 
troverted.  As  to  the  powers  of  this  government,  the  mistake  of  the  commit 
tee  laid  in  considering  it,  as  to  its  nature  and  powers,  a  consolidated  govern 
ment.  The  states  originally  came  together  as  sovereign  states,  having  no  power 
of  reciprocal  control.  North  Carolina  and  Rhode  Island  stood  off  for  a  time, 
and  at  length  came  in  by  the  exercise  of  a  sovereign  discretion.  So  Missouri 


513  APPLICATION  OF  TEXAS. 

and  other  new  states  were  fully  organized  and  perfect,  and  self-governed,  be 
fore  they  came  in  ;  and  so  might  Texas  be  admitted.  The  power  to  admit 
new  states  was  expressly  given  ;  and  by  the  very  terms  of  the  grant  they  must 
be  states  before  they  were  admitted.  The  power  granted  to  congress  was,  not 
to  create,  bat  to  admit  new  states  ;  the  states  created  themselves.  Missouri 
and  Michigan  had  done  so,  and  exercised  all  the  functions  of  self-government, 
while  congress  deliberated  whether  they  should  be  admitted.  In  the  meantime, 
the  territorial  organization  was  abrogated,  and  the  laws  of  congress  super 
seded." 

Aftei  some  further  discussion  of  the  question,  Mr.  P.  said:  "There  is  no 
point  of  view  in  which  the  proposition  for  annexation  can  be  considered,  that 
any  serious  obstacle  in  point  of  form  presents  itself.  If  this  government  be  a 
confederation  of  states,  then  it  is  proposed  to  add  another  state  to  the  conferf 
eration.  If  this  government  be  a  consolidation,  then  it  is  proposed  to  add  to 
it  additional  territory  and  population.  That  we  can  annex,  and  afterwards 
admit,  the  cases  of  Florida  and  Louisiana  prove.  We  can  therefore  deal  with 
the  people  of  Texas  for  the  territory  of  Texas ;  and  the  people  can  be  secured 
in  the  rights  and  privileges  of  the  constitution,  as  were  the  subjects  of  Spain 
and  France." 

Having  considered  these  "  formal  difficulties,"  he  next  adverted  to  those 
which  exercised  a  more  decisive  influence  over  that  portion  of  the  Union  which 
was  offering  such  determined  opposition  to  this  measure.  He  regarded  this  joint 
movement  of  the  northern  states  as  a  "  combination  conceived  in  a  spirit  of  hos 
tility  towards  one  section,  for  the  purpose  of. aggrandizing  the  political  power 
of  another."  It  could  not  fail  to  make  a  deep  and  mournful  impression  upon 
the  south,  that  the  opposition  to  the  proposed  measure  was  contemporaneous 
with  the  recent  excitement  on  the  subject  of  abolition.  He  said:  "All  men,  of 
all  parties,  from  all  sections,  in  and  out  of  office,  Mr.  Adams  most  conspicuous 
amongst  them,  desired  the  aquisition  of  Texas,  until  the  clamorous  interference 
in  the  affairs  of  the  south  was  caught  up  in  New  England  from  old  England. 
Then,  for  the  first  time,  objections  were  made  to  this  measure  ;  then  those  very 
statesmen  who  were  anxious  for  the  acquisition  of  Texas  for  their  glory,  found 
out  that  it  would  subvert  the  constitution  and  ruin  the  country.  You  arc 
called  upon  to  declare  that  the  southern  portion  of  your  confederacy,  by  reason 
of  certain  domestic  institutions,  in  the  judgment  of  your  petitioners  wicked 
and  detestable,  is  to  be  excluded  from  some  part  of  the  benefits  of  this  gov 
ernment.  The  assumption  is  equally  insulting  to  the  feelings  and  derogatory 
to  the  constitutional  rights  of  the  south.  We  neither  can  nor  ought — I  say  it, 
Mr.  President,  in  no  light  mood  or  wrong  temper — we  neither  can  nor  ought 
to  continue  in  political  union  on  such  terms." 

"  Mr.  P.  spoke  of  the  diminution  of  the  comparative  political  power  of  the 
south.  The  sceptre,  he  said,  had  passed  from  them,  and  forever.  All  that 
was  left  them  was  to  protect  themselves.  All  they  asked  was  some  reasonable 
check  upon  an  acknowledged  power ;  some  approach  to  equipoise  in  the  sen 
ate.  All  the  power  they  coveted  was  the  power  to  resist  incursions.  He  sus- 


» 

MR.  ADAMS.  517 

pected  that  the  idea  of  checking  the  extension  of  domestic  slavery  was  but  a 
hollow  and  hypocritical  pretext  to  cover  political  designs.  He  did  not  think 
the  extension  of  slave  territory  and  the  increase  of  the  slaveholding  popula 
tion  would  increase  the  number  of  slaves.  Instead  of  this,  annexation  would 
rather  prevent  such  increase.  We  stand  entirely  on  the  defensive  ;  we  desire 
safety,  not  power,  and  we  must  have  it.  Give  us  safety  and  repose,  by  doing 
what  all  your  most  trusted  and  distinguished  statesmen  have  been  so  long  anx 
ious  to  do.  Give  them  to  us  by  restoring  what  you  wantonly  and  unconstitu 
tionally  deprived  us  of.  Give  us  this  just  and  humble  boon,  by  repairing  the 
violated  integrity  of  your  territory,  by  augmenting  your  wealth  and  power,  by 
extending  the  empire  of  law,  liberty,  and  Christianity." 

In  the  house  of  representatives,  on  the  12th  of  December,  183*7,  Mr.  Adams 
presented  a  large  number  of  memorials  against  the  annexation  of  Texas,  and 
moved  that  these  and  all  others  presented  by  himself  and  his  colleagues  at  the 
extra  session,  be  referred  to  a  select  committee.  His  colleagues  had  assented 
to  approve  the  motion.  Mr.  Howard,  of  Maryland,  having  moved  their  ref 
erence  to  the  committee  on  foreign  affairs,  Mr.  Adams  expressed  his  views  on 
the  question  of  annexation  in  a  manner  which  subjected  him  to  several  inter 
ruptions. 

Mr.  Adams  said  he  and  his  colleagues  viewed  this  question  as  one  which  in 
volved  even  the  integrity  of  the  union — a  question  of  the  most  deep,  abiding 
and  vital  interest  to  the  whole  American  nation.  "  For,"  said  he,  "  in  the  face 
of  this  house,  and  in  the  face  of  Heaven,  I  avow  it  as  my  solemn  belief  that 
the  annexation  of  an  independent  foreign  power  to  this  government  would, 
ipso  facto,  be  a  dissolution  of  this  Union.  And  is  this  a  subject  for  the  pecu 
liar  investigation  of  your  committee  on  foreign  affairs  ?"  Mr.  A.  said  the  ques 
tion  involved  was,  whether  a  foreign  nation — acknowledged  as  such  in  a  most 
unprecedented  and  extraordinary  manner,  by  this  government,  a  nation  '  damn 
ed  to  everlasting  fame '  by  the  re'institution  of  that  detestable  system,  slavery, 
after  it  had  once  been  abolished  within  its  borders — should  be  admitted  into 
union  with  a  nation  of  freemen.  "  For,  sir,"  said  Mr.  A.,  "  that  name,  thank 
God,  is  still  ours  1  And  is  such  a  question  as  this  to  be  referred  to  a  commit 
tee  on  foreign  affairs  ?" 

Mr.  A.  said  the  exact  grounds  upon  which  the  memorialists  based  their 
prayer  were  not  officially  known  to  the  house.  He  had  presented  one  hundred 
and  ninety  petitions  upon  this  subject,  signed  by  some  twenty  thousand  per 
sons,  and  his  colleagues  had  presented  collectively  a  larger  number.  Members 
from  other  states  had  also  presented  similar  memorials ;  but  his  colleagues  had 
thought  it  fitting  to  move  the  reference  to  a  select  committee  of  those  only 
which  he  and  they  had  presented.  All  had  the  same  object ;  and  they  con 
tained  nothing  that  had  the  least  connection  with  the  foreign  affairs  of  the 
country. 

These  memorialists  from  Massachusetts,  Mr.  A.  said,  had  observed  with 
alarm  and  terror  the  conduct  of  the  government  towards  Mexico,  during  the 
last,  and  as  far  as  it  had  gone,  of  the  present  administration,  in  relation  to  the 


518  APPLICATION  OF  TEXAS. 

1 

affairs  of  Texas.  One  strong  reason  of  the  remonstrance,  on  the  part  of  his 
constituents,  was,  that  the  nation  sought  to  be  annexed  to  our  own  had  its  ori 
gin  in  violence  and  fraud ;  an  impression  by  no  means  weakened  by  the  im 
pulses  given  by  the  late  and  present  administrations  to  push  on  this  senseless 
and  wicked  war  with  Mexico.  They  had  seen  the  territory  of  that  republic 
inyaded  by  the  act  of  the  executive  of  this  government,  without  any  action  of 
congress ;  and  they  had  seen  conspirators  coming  here,  and  contriving  and 
concerting  their  plans  of  operations  with  members  of  our  own  government ! 
Amidst  all  these  demonstrations,  they  had  heard,  the  bold  and  unblushing  pre 
tense  that  the  people  of  Texas  were  struggling  for  freedom,  and  that  the  wrongs 
inflicted  upon  them  by  Mexico  had  driven  them  into  insurrection,  and  forced 
them  to  fight  for  liberty  ! 

There  had  been  recent  evidence  afforded  the  country  as  to  the  real  origin  of 
the  insurrection.  A  citizen  of  Virginia,  (Dr.  Mayo,)  who  for  years  had  held 
offices  under  the  late  administration,  had  just  issued  a  pamphlet  in  this  city, 
giving  a  copy  of  a  letter  by  himself,  in  December,  1830,  to  the  President  of 
the  United  States,  in  which  he  declared  that,  in  February,  1830,  the  person 
now  called  President  Houston  did  in  this  city  disclose  to  himself,  the  author 
of  this  letter,  all  his  designs  as  to  this  then  state  of  the  republic  of  Mexico — 
Texas.  What  that  letter  contained  as  to  the  disclosure  of  a  scheme  to  be  ex 
ecuted,  was  now  a  matter  of  history.  It  disclosed  the  particulars  of  a  conver 
sation  which  detailed  the  plan  of  the  conspiracy,  since  consummated,  to  rob 
Mexico  of  the  province  of  Texas. 

Mr.  A.  then  inquired  what  were  the  pretenses  upon  which  the  disseverment 
of  Texas  from  Mexico  were  justified.  As  early  as  1824,  the  legislature  of  the 
republic  of  Mexico,  to  its  eternal  honor,  passed  an  act  for  the  emancipation  of 
slaves,  and  the  abolition  of  slavery  ;  and  the  only  real  ground  of  rebellion  was 
that  very  decree  ;  the  only  object  of  the  insurrection,  the  revival  of  the  de 
tested  system  of  slavery ;  and  she  had  adopted  a  constitution  denying  to  her 
legislature  even  the  power  of  ever  emancipating  her  slaves! 

Mr.  Adams  did  not  wish  to  refer  the  memorials  to  the  committee  on  foreign 
affairs,  because  it  was  not  properly  constituted.  Its  chairman,  (Mr.  Howard,) 
was  himself  a  slaveholder,  and,  it  was  feared,  entertained  a  widely  different 
opinion  as  to  the  morality  of  slavery  from  that  held  by  the  mass  of  the  memo 
rialists  ;  and  that  a  majority  of  the  committee  were  in  favor  of  annexing  Texas 
to  -this  government.  It  was  conformable  with  the  parliamentary  rule  to  ap 
point  a  majority  of  the  committee  in  favor  of  the  prayer  of  the  memorialists. 
This  seemed  to  him  as  one  of  the  incidents  of  freedom  of  petition  itself.  Six 
out  of  nine  of  the  committee  on  foreign  affairs  were  slaveholders ;  and  he  took 
it  for  granted  that  every  member  of  the  house  who  was  a  slaveholder,  was 
ready  for  the  annexation  of  Texas  ;  and  its  accomplishment  was  sought,  not. 
for  the  acquisition  of  so  lunch  new  territory,  but  as  a  new  buttress  to  the  tot 
tering  institution  of  slavery. 

After  a  brief  interruption  by  southern  members,  Mr.  A.  proceeded  : 

He  said  discussion  must  come ;  though  it  might  for  the  present  be  delayed, 


APPLICATION  WITHDRAWN.  519 

he  believed  it  would  not  forever  be  smothered  by  previous  questions,  motions 
to  lay  on  the  table,  and  all  the  other  means  and  arguments  by  which  the  insti 
tution  of  slavery  was  wont  to  be  sustained  on  that  floor — the  same  means  and 
arguments,  in  spirit,  which  in  another  place  have  produced  murder  and  arson. 
Yes,  sir,  the  same  spirit  which  led  to  the  inhuman  murder,  of  Lovejoy  at 
Alton 

The  chair  remarked  that  Mr.  A.  was  straying  from  the  question  of  refer 
ence  ;  and  some  conversation  ensued  as  to  his  right  to  proceed,  which  he  was 
at  length  permitted  to  do. 

In  the  course  of  his  remarks,  he  said  that  he  and  his  colleagues  had  seen,  in 
reading  the  hate  message  of  the  executive,  how  much  was  not  in  that  document 
as  well  as  how  much  was  in  it.  It  contained  much  allusion  to  the  grievances 
of  this  government  at  the  hands  of  Mexico,  and  none  to  our  relation  with 
Texa?.  The  annexation  of  Texas  and  the  proposed  war  with  Mexico  were 
one  and  the  same  thing,  though  expressed  in  different  forms.  The  message 
was  adverse  to  the  prayer  of  the  memorialists.  Under  the  decision  of  the 
chair,  he  should  reserve  what  he  had  to  %say  further  on  this  point  until  the 
mouths  of  members  inclined  to  advocate  the  cause  of  freedom  upon  that  floor, 
should  be  permitted  to  be  opened  more  widely ;  if,  indeed,  there  was  any  hope 
that  that  time  should  ever  arrive. 

Mr.  Wise  said  there  was  no  need,  at  present,  of  any  such  reference  as  had 
been  proposed.  Texas  had  attempted  to  open  a  negotiation  for  admission ; 
hut  her  overture  had  been  declined  on  the  ground  of  our  relations  with  Mexico. 
JNro  memorial  in  favor  of  such  a  measure  had  ever  been  before  the  house.  It 
would  be  time  enough  to  discuss  the  subject  dwelt  upon  with  so  much  feeling 
by  the  gentleman  from  Massachusetts,  when  it  should  come  up  regularly  for 
discussion.  He  therefore  moved  to  lay  the  motions  of  reference  on  the  table  ; 
and  having  refused  to  withdraw  his  motion  at  the  request  of  Mr.  Rhett  and 
Mr.  Dawson  to  enable  them  to  reply  tp  Mr.  Adams,  the  question  was  taken, 
and  decided  in  the  affirmative.  Yeas,  12T  ;  nays,  68. 

On  the  13th  of  June,  1838,  the  committee  on  foreign  affairs  reported  that 
there  was  no  proposition  pending  in  the  house  either  for  the  admission  of  Texas 
as  a  state,  or  for  its  territorial  annexation  to  the  United  States.  And  in  Octo 
ber  it  was  announced  in  the  official  paper  (Globe)  that,  since  the  proposition 
submitted  by  Texas  for  admission  into  the  Union  had  been  declined,  the  Texan 
minister  had  communicated  to  our  government  the  formal  and  absolute  with 
drawal  of  that  proposition. 

In  August,  1839,  a  vessel  lying  near  the  coast  of  Connecticut,  under  sus 
picious  circumstances,  was  captured  by  Lieut.  Gedney,  of  the  brig  Washing 
ton,  and  taken  into  New  London.  This  vessel  was  a  schooner,  called  L'Amis- 
tad,  bound  from  Havana  to  Guanaja,  Port  Principe,  with  fifty-four  blacks  and 
two  passengers  on  board.  The  former,  four  nights  after  they  were  out,  rose 
and  murdered  the  captain  and  three  of  the  crew;  then  took  possession  of  the 
vessel  with  the  intention  of  returning  to  Africa.  The  two  passengers  were 
Jose  Ruiz  and  Pedro  Montcz,  the  former  owning  forty-nine  of  the  slaves,  and 


520  CASE   OF  THE  AMliSTAD  SLAVES. 

most  of  the  cargo  ;  the  latter  claiming  the  remaining  five,  all  children  from 
seven  to  twelve  years  of  age,  and  three  of  them  females.  These  two  men  were 
saved  to  navigate  the  vessel.  Instead,  however,  of  steering  for  the  coast  of 
Africa,  they  navigated  in  a  different  direction,  whenever  they  could  do  so  with 
out  the  knowledge  of  the  Africans.  It  appeared  that  the  slaves  had  been  pur 
chased  at  Havana,  soon  after  their  arrival  from  Africa.  Cingues,  who  was  the 
son  of  an  African  chief,  and  leader  of  the  revolt,  with  thirty-eight  others  of 
the  revolters,  was  committed  to  trial ;  and  the  three  girls  were  put  under  bonds 
to  appear  and  testify. 

A  demand  was  soon  after  made  upon  our  government  by  the  acting  Span 
ish  minister  in  this  country,  for  the  surrender  of  the  Amistad,  cargo,  and  al 
leged  slaves,  to  the  Spanish  authorities. 

The  children  were  brought  before  the  circuit  court  of  the  United  States,  held 
at  Hartford,  in  September,  on  a  writ  of  habeas  corpus,  with  a  view  to  their 
discharge,  on  the  ground  that  they  were  not  slaves  ;  proof  of  which  was  given 
by  two  of  the  prisoners  who  testified  that  the  children  were  native  Africans. 
The  discharge  was  resisted  by  Mr.  Ingersoll,  counsel  for  the  Spanish  claim 
ants,  who  stated  that  the  persons  were  libeled  in  the  district  by  Capt.  Gedney, 
his  officers  and  crew,  as  property  ;  they  were  also  libeled  by  the  Spanish  min 
ister  as  the  slave  property  of  Spanish  subjects,  and  as  such  ought  to  be  deliv 
ered  up  ;  and  they  were  libeled  by  the  district  attorney,  that  they  might  be 
delivered  up  to  the  executive,  in  order  to  their  being  sent  to  their  native  coun 
try,  if  it  should  be  found  right  that  they  should  be  so  sent.  The  counsel  pre 
sumed  that  this  (circuit)  court  would  not,  under  this  writ,  take  this  case  out  of 
the  legitimate  jurisdiction  of  the  district  court,  as,  if  the  decision  of  that  court 
should  not  be  satisfactory,  the  matter  could  be  brought  before  this  court  by 
appeal.  v 

It  was  maintained  by  Mr.  Baldwin,  counsel  for  the  children,  that  they  had 
been  feloniously  and  piratically  captured  in  Africa — contrary  to  the  laws  of 
Spain — consequently,  they  were  not  property,  and  therefore  the  district  court 
was  ousted  of  its  jurisdiction.  The  district  judge  had  not  issued  his  warrant 
to  take  these  individuals.  This  he  could  not  do  without  first  judicially  finding 
that  they  were  property.  The  warrant  issued  by  his  honor  to  the  marshal  was 
to  take  the  vessel  and  other  articles  of  personal  property.  These  children 
were  not,  and  never  could  become  personal  property.  They  formed  a  part  of 
a  number  of  persons,  who,  born  free,  were  captured  and  reduced  to  slavery. 
They  had  come  here,  not  as  slaves,  but  as  free  ;  and  we  are  asked  first  to  make 
them  slaves,  and  then  give  them  up  to  the  Spaniards.  But  we  can  only  deliver 
up  property;  and  before  they  can  be  delivered  up,  they  must  be  proved  to  be 
property.  Mr.  Staples,  associate  counsel  for  the  Africans,  said  Montez  had 
the  hardihood  to  come  into  a  court  of  justice  in  our  free  country,  and  in  con 
travention  of  our  treaty  with  Spain,  to  ask  the  surrender  of  these  human  beings, 
when  the  very  act  he  desired  us  to  countenance,  would,  by  his  own  sovereign's 
decree,  have  subjected  him  to  forfeiture  of  all  his  goods  and  to  transportation  ' 


JUDICIAL  PROCEEDINGS.  521 

and  he  would  himself  have  become  a  slave.     This  was  a  case  of  felony ;  and 
felony  could  not  confer  property. 

The  next  day,  a  second  writ  of  habeas  corpus  having  been  issued,  all  the 
Africans  were  before  the  court.  The  counsel  recapitulated  the  facts  of  the 
case,  and  again  denied  the  jurisdiction  of  the  district  court.  As  a  court  of 
admiralty,  it  could  do  nothing  with  them  but  as  property ;  and  the  applicant 
must  first  prove  them  to  be  property.  Some  of  them  were  taken  on  shore  ; 
these  were  within  the  jurisdiction  of  the  common  law. 

As  to  the  libel  of  the  district  attorney  at  the  suit  of  the  Spanish  minister, 
what  had  the  minister  to  do  with  it  ?  The  parties  claimed  were  neither  fugi 
tives  or  criminals.  The  district  attorney  libels  them  and  prays  that  they  may 
be  kept  in  custody,  that,  if  at  some  future  time  it  should  appear  that  they  had 
been  brought  hither  illegally,  they  might  be  delivered  up  to  the  president  to  be 
sent  back  to  their  own  country.  The  counsel  then  asked  their  discharge.  He 
said  they  should  be  taken  care  of  (as  it  was  right  they  should  be)  by  the  state 
of  Connecticut.  . 

The  counsel  for  the  claimants  followed  in  support  of  the  jurisdiction  of  the 
district  court ;  and  the  district  attorney  in  support  of  his  libel  on  behalf  of  the 
executive. 

The  decision  of  the  court  (Judge  Thompson)  in  relation  to  the  motion  of 
the  prisoners'  counsel  to  discharge  the  Africans,  was  to  deny  the  motion,  as 
the  question  before  the  court  was  simply  as  to  the  jurisdiction  of  the  district 
court  over  this  subject.  If  the  seizure  was  made  upon  the  high  seas — and  the 
grand  jury  said  it  was  made  a  mile  from  the  shore — then  the  matter  was  right 
— fully  before  the  court  for  this  district.  If,  as  was  supposed  by  the  counsel 
on  both  sides,  the  seizure  was  made  within  the  district  of  New  York,  the  court 
could  endeavor  to  acertain  the  locality.  To  pass  upon  the  question  of  prop 
erty,  belonged  to  the  district  court.  Should  either  party  be  dissatisfied  with 
the  decision  of  that  court,  an  appeal  could  be  taken  to  the  circuit  court,  and 
afterwards  to  the  supreme  court  of  the  United  States. 

The  court  said  the  question  now  disposed  of  had  not  been  affected  by  the 
manner  in  which  the  grand  jury  had  disposed  of  the  case  upon  the  directions 
of  the  court.  They  had  only  found  that  there  had  been  no  criminal  offense 
committed  which  was  cognizable  by  the  courts  of  the  United  States.  Mur 
der  committed  on  board  a  foreign  vessel  with  a  foreign  crew  and  foreign  pa 
pers,  was  not  such  an  offense ;  but  an  offense  against  the  laws  of  the  country 
to  which  the  vessel  belonged.  But  if  the  offense  had  been  against  the  law  of 
nations,  this  court  would  have  jurisdiction.  The  murder  of  the  captain  of  the 
Amistad  was  not  a  crime  against  the  law  of  nations. 

The  district  court  was  opened;  and  the  judge  said  he  should  order  the  dis 
trict  attorney  to  investigate  the  facts  to  ascertain  where  the  seizure  was  made ; 
and  then  adjourned  the  court  to  November. 

At  the  adjourned  term  of  the  court  in  November,  it  was  pleaded  in  behalf  of 
the  Africans,  that  neither  the  constitution,  laws,  or  any  treaty  of  the  United 
States,  nor  the  law  of  nations,  gave  this  court  any  jurisdiction  over  their  per- 
34 


522  CASE  OF  THE  AMISTAD  SLAVES. 

sons ;  they  therefore  prayed  to  be  dismissed.  The  counsel  for  Captain  Gedney 
denied  that  the  Africans  had  anything  to  do  with  the  question  now  before  the 
court.  It  was  a  claim  for  salvage  ;  and  the  parties  were  the  libelants,  (Gedney 
and  the  other  officers  and  crew  of  the  Washington,)  and  Ruiz  and  Montez, 
owners  of  the  vessel  and  cargo.  Gedney  and  others  claimed  salvage  for  saving 
the  property  of  these  Spaniards,  who  did  not  resist  the  claim. 

The  district  attorney  presented  a  claim  in  behalf  of  the  United  States  for 
the  vessel,  cargo  and  negroes,  with  a  view  to  their  restoration  to  their  owners, 
who  were  Spanish  subjects,  without  hindrance  or  detention,  as  required  by  our 
treaty  with  Spain. 

The  interpreter  being  absent  and  sick,  the  court  adjourned  to  New  Haven  in 
January  next. 

In  January,  the  decision  of  Judge  Judson  was  given.  The  blacks  who 
murdered  the  captain  and  others  on  board  the  schooner,  were  set  free.  But  if 
they  had  been  whites,  they  would  have  been  tried  and  executed  as  pirates. 
The  schooner  having  been  proved  to  have  been  taken  on  the  "  high  seas,"  the 
jurisdiction  of  the  court  was  established.  The  libel  of  Gedney  and  others  had 
been  properly  filed,  and  the  seizers  were  entitled  to  salvage.  Ruiz  and  Montez 
had  established  no  title  to  the  Africans,  who  were  undoubtedly  Bozal  negroes, 
or  negroes  recently  imported  from  Africa  in  violation  of  the  laws  of  Spain. 
The  demand  of  restoration  made  by  the  Spanish  minister,  that  the  question 
might  be  tried  in  Cuba,  was  refused,  as  by  Spanish  laws  the  negroes  could  not 
be  enslaved ;  and  therefore  they  could  not  properly  be  demanded  for  trial 
One  of  them  a  Creole,  and  legally  a  slave,  and  wishing  to  be  returned  to  Ha 
vana,  a  restoration  would  be  decreed  under  the  treaty  of  1795.  These  Afri 
cans  were  to  be  delivered  to  the  president,  under  the  act  of  1819,  to  be  trans 
ported  to  Africa. 

An  appeal  was  taken  from  the  decree  of  the  district  judge  to  the  circuit 
court,  judge  Thompson  presiding,  who  affirmed  that  decree.  And  the  govern 
ment  of  the  United  States,  at  the  instance  of  the  Spanish  minister,  here  ap 
pealed  to  the  supreme  court  of  the  United  States.  That  court  affirmed  the 
judgment  of  the  district  court  of  Connecticut  in  every  respect,  except  as  to 
sending  the  negroes  back  to  Africa  :  they  were  discharged  as  free  men. 

A  deep  interest  seems  to  have  been  taken  by  the  British  government  in  the 
case  of  these  Africans.  Their  minister  in  this  country,  Mr.  Fox,  was  instruct 
ed  to  intercede  with  our  government  in  their  behalf;  and  their  minister  in 
Spain  was  directed  to  ask  for  their  liberty  if  they  should  be  delivered  to  the 
Spaniards  at  the  request  of  the  Spanish  minister  at  Washington,  and  should 
be  sent  to  Cuba ;  and  to  urge  Spain  to  enforce  the  laws  against  Montez  and 
Ruiz  and  any  other  Spanish  subjects  concerned  in  the  transaction  in  question. 

A  disposition  was  manifested  on  the  part  of  our  government  to  effect  the 
delivery  of  the  captives  to  the  Spanish  authorities,  at  Cuba,  to  be  there  dealt 
with  according  to  the  laws  of  Spain.  The  friends  of  the  Africans  in  this 
country  deprecated  such  event,  apprehending  that  the  freedom  of  the  negroes 
might  not  be  obtained  through  the  Spanish  tribunals. 


NEGROES  DECLARED  FREE.  523 

On  the  10th  of  February,  1840,  probably  suspecting  unfairness  on  the  part 
of  the  administration,  a  resolution  was  offered,  requesting  the  president  to 
communicate  to  the  house  copies  of  any  demand  by  the  Spanish  government 
for  the  surrender  of  the  Africans,  and  of  the  correspondence  between  the  state 
department  and  the  Spanish  minister  and  the  district  attorney  of  the  United 
States  in  the  judicial  district  of  Connecticut. 

On  the  20th  of  January,  1841,  while  the  question  of  the  prisoners  was  still 
pending  in  the  supreme  court  of  the  United  States,  the  British  minister  ad 
dressed  to  Mr.  Forsyth,  secretary  of  state,  a  letter  representing  the  interest  felt 
by  his  government  in  the  case  of  the  African  negroes,  mentioning  the  obliga 
tion  of  Spain,  by  treaty  with  Great  Britain,  to  prohibit  the  slave  trade  from 
the  30th  of  May,  1820,  and  the  mutual  engagements  of  the  United  States  and 
Great  Britain,  by  the  10th  article  of  the  treaty  of  Ghent,  to  use  their  endeavors 
for  the  entire  abolition  of  the  slave  trade.  And  as  the  freedom  of  the  negroes 
may  depend  upon  the  action  of  the  United  States  government,  he  expresses 
the  hope  that  the  president  will  find  himself  empowered  to  take  such  measures 
in  their  behalf,  as  should  secure  them  their  liberty. 

Mr.  Forsyth,  in  his  answer  of  the  1st  of  February,  says,  in  substance,  that 
the  introduction  of  the  negroes  into  this  country  did  not  proceed  from  the 
wishes  or  direction  of  our  government  The  vessel  and  the  negroes  had  been 
demanded  by  the  Spanish  minister,  and  the  grounds  of  that  demand  were  be 
fore  the  judicial  tribunals.  He  tells  Mr.  Fox  that  our  government  is  not  will 
ing  to  erect  itself  into  a  tribunal  between  Spain  and  Great  Britain  ;  that  he, 
(Mr.  Fox,)  had  doubtless  observed  from  the  correspondence  published  in  a  con 
gressional  document,  that  the  Spanish  minister  intended  to  restore  the  negroes, 
should  their  delivery  to  his  government  be  ordered,  to  the  island  of  Cuba,  to 
be  placed  under  the  protection  of  the  government  of  Spain.  There  was  the 
proper  place,  and  there  would  be  a  full  opportunity,  to  discuss  questions  aris 
ing  under  the  Spanish  laws  and  the  treaties  of  Spain  with  Great  Britain. 

The  decision  of  the  supreme  court  was  awaited  with  deep  interest  by  all  who 
sympathized  with  the  negroes.  Mr.  Adams,  who  had  not  argued  a  case  for 
thirty  or  forty  years  before  that  court,  made  a  very  elaborate  as  well  as  able  ar 
gument  in  their  behalf.  The  opinion  of  the  court  was  pronounced  by  Mr. 
Justice  Story,  early  in  March,  1841,  affirming  the  decision  of  the  district  court 
In  every  particular,  except  that  which  ordered  the  negroes  to  be  delivered  to  the 
president  to  be  transported  to  Africa.  The  court  reversed  this  part  of  the  de 
cree,  and  ordered  the  cause  to  be  remanded  to  the  circuit  court  which  had  af 
firmed  the  same,  with  directions  to  enter  in  lieu  thereof,  that  the  negroes  be 
declared  free,  and  be  discharged  from  suit.* 

[The  word  libel  used  in  the  above  case  signifies,  in  courts  of  admiralty,  "a 
declaration  or  charge  in  writing,  exhibited  in  court,  particularly  against  a  ship 
or  goods,  for  a  violation  of  the  laws  of  trade  or  revenue  ;"  also  when  a  prize 
is  brought  into  port,  the  captors  make  a  writing  called  libel.'] 

•  *Yotmg's  Political  History. 


624  PETITION  FOR  DISSOLUTION  OF  UNION. 

CENSUS  OF  1840.— SLAVE  POPULATION. 

Alabama 253,532  Mississippi 195,211 

Arkansas 19,935  Missouri 58,240 

District  of  Columbia 4,694  New  Jersey 674 

Delaware 2,605    .  New  York 4 

Florida 25,717  Pennsylvania /.  '  '      64 

Georgia 280,944  North  Carolina 245,817 

Illinois 331  South  Carolina 327,038 

Kentucky 182,258  Tennessee  . .     183,059 

Louisiana 168,452  Virginia 449,087 

Maryland 89,737  Aggregate,  2,487,455. 

In  the  ten  years  between  1830  and  1840,  the  aggregate  increase  amounted 
to  478,412.  Slavery  had  decreased  in  the  District  of  Columbia,  Delaware, 
Maryland  and  Virginia. 

On  the  24th  of  January,  1842,  Mr.  Adams  presented  a  petition  to  the 
house,  signed  by  forty-six  citizens  of  Haverhill,  Massachusetts,  for  the  adop 
tion  of  measures  peaceably  to  dissolve  the  Union,  assigning  as  one  of  the  rea 
sons  the  inequality  of  benefits  conferred  upon  different  sections,  one  section 
being  annually  drained  to  sustain  the  views  and  course  of  the  other  without 
adequate  return.  Mr.  Adams  moved  its  reference  to  a  select  committee,  with 
instructions  to  report  an  answer  showing  the  reasons  why  the  prayer  of  the 
petitioners  should  not  be  granted. 

This  matter  produced  considerable  excitement,  questions  and  motions  fol 
lowed.  Mr.  Gilmer,  of  Virginia,  submitted  as  a  question  of  privilege  the 
following  :  "  Resolved,  that  in  presenting  to  this  house  a  petition  for  the 
dissolution  of  the  Union,  the  member  from  Massachusetts  has  justly  incurred 
the  censure  of  this  house. "  The  resolution  was  objected  to  as  out  of  order ; 
the  speaker  decided  that  being  a  question  of  privilege  it  was  in  order.  Mr. 
Adams  hoped  the  resolution  would  be  received  and  debated,  desiring  the  priv 
ilege  of  addressing  the  house  in  his  own  defense.  A  motion  to  lay  Gilmer's 
resolution  on  the  table  was  negatived,  94  to  112,  Mr.  Adams  himself  voting  in 
the  negative. 

Mr.  Marshall,  of  Kentucky,  then  offered  as  a  substitute  for  Gilmer's  resolu 
tion,  a  preamble  and  two  resolutions,  declaring  a  proposition  to  the  represen 
tatives  of  the  people  to  dissolve  the  constitution  which  they  were  sworn  to 
support,  to  be  "  a  high  breach  of  privilege,  a  contempt  offered  to  the  house,  a 
direct  proposition  to  each  member  to  commit  perjury,  and  involving  necessarily 
in  its  consequences  the  destruction  of  our  country,  and  the  crime  of  high  trea 
son  ;  "  that  Mr.  Adams,  in  presenting  the  petition,  had  "  offered  the  deepest 
indignity  to  the  house,  and  insult  to  the  people,"  and  would,  if  "unrebuked 
and  unpunished,  have  disgraced  his  country  in  the  eyes  of  the  world."  It  was 
farther  resolved,  that  this  insult,  the  first  of  the  kind  ever  offered,  deserved  ex 
pulsion  ;  but,  as  an  act  of  grace  and  mercy  they  would  only  inflict  upon  him 
"  their  severest  censure,  for  the  maintenance  of  their  own  purity,  and  dignity ; 
and  for  the  rest,  they  turn  him  over  to  his  own  conscience  and  the  indignatioo 
of  all  true  American  citizens." 


RESOLUTION  OF  CENSURE.  525 

A  debate  then  ensued,  which  continued,  with  little  intermission,  until  the 
7th  of  February.  The  nature  of  the  subject  of  the  resolutions,  the  serious 
charges  which  they  contained,  and  the  individual  accused,  as  well  as  certain  in 
cidental  topics  which  it  embraced,  imparted  to  this  debate  a  surpassing  interest 
throughout  the  country.  For  several  days  Mr.  Marshall,  Mr.  Wise,  and  Mr. 
Adams,  were  the  chief  participators.  Mr.  Wise  undertook  to  show,  in  the 
course  of  his  speeches,  that  there  was  a  combination  of  pretended  philanthro 
pists  of  Great  Britain  and  the  abolitionists  of  this  country  to  overthrow  sla 
very  in  the  southern  states  ;  and  he  charged  Mr.  Adams  with  being  an  ally  of 
British  emissaries  in  the  furtherance  of  this  object. 

Mr.  Wise  said  he  should  at  the  proper  time  ask  to  be  excused  from  voting 
for  the  resolution  of  censure.  Personally,  he  had  not  censured  him  ;  political 
ly,  he  had.  He  said  :  "  The  gentleman  was  honored,  time  honored,  hoary — but 
he  could  not  add,  with  wisdom.  The  gentleman  had  immense  power,  the  pow 
er  of  station,  the  power  of  fame,  the  power  of  age,  the  power  of  eloquence, 
the  power  of  the  pen ;  and  any  man  was  greatly  mistaken  who  should  say  or 
think,  that  the  gentleman  was  MAD.  The  gentleman  might  say  with  an  apos 
tle,  'I  am  not  mad,  most  noble  Festus,'  though  he  could  not  add,  'but  speak 
forth  the  words  of  truth  and  soberness.'  All  who  knew  him  would  say  he  was 
not  mad.  In  a  political,  not  in  a  personal  sense,  Mr.  Wise  would  say,  and 
with  entire  sincerity  of  heart,  the  gentleman  was  far  more  wicked  than  weak. 
A  mischief  might  be  done  by  him.  Mr.  Wise  believed  he  was  disposed  to  do 
it,  and  would  wield  his  immense  intellectual,  moral,  and  political  power  to -ef 
fect  it.  That  mischief  was  the  dissolution  of  this  Union,  and  the  agent  of  that 
dissolution,  should  it  ever  be  effected,  Mr.  Wise  did  in  his  heart  believe,  would 
be  the  gentleman  from  Massachusetts.  Governed  by  his  reputation,  by  his 
habits,  by  all  considerations  arising  from  the  belief  of  personal  wrongs,  his 
passions  were  roused,  and  his  resentment  and  his  vengeance  would  be  wreaked 
on  the  objects  of  his  hatred,  if  he  could  reach  them.  If  this  state  of  mind 
were  monomania,  then  it  was  hereditary ;  no  matter  what  might  be  its  cause, 
it  was  dangerous — deadly.  The  gentleman  was  astute  to  design,  obstinate  and 
zealous  in  power,  and  terrible  in  action,  and  an  instrument  well  fitted  to  dis 
solve  the  Union." 

Mr.  Adams  questioned  the  right  of  the  house  to  entertain  the  resolutions  of 
Mr.  Mashall,  because  they  charged  him  with  crimes  of  which  the  house  had  no 
jurisdiction  ;  and  because,  if  it  entertained  the  jurisdiction,  it  deprived  him  of 
rights  secured  to  him  by  the  constitution.  All  that  the  house  could  try  him 
for,  was  a  contempt  of  the  house,  under  the  resolution  of  Mr.  Gilmer.  "But," 
said  Mr.  Adams,  "  there  was  a  trial  in  this  house,  about  four  or  five  years  ago, 
of  a  member  of  the  house  for  crime.  [Mr.  Wise  had  had  connection  with  the 
duel  between  Messrs.  Graves  and  Cilley,  in  which  the  latter  was  killed.] 
There  came  into  this  house  then  a  man  with  his  hands  and  face  dripping  with 
the  blood  of  murder,  the  blotches  of  which  were  yet  hanging  upon  him  ;  and 
the  question  was  put,  upon  the  proposition  of  those  very  democrats  to  whom 
he  has  this  day  rendered  the  tribute  and  homage  of  his  thanks,  that  he  should 


520  DEBATE  ON  RESOLUTION. 

be  tried  by  this  house  for  that  crime,  the  crime  of  murder.  I  opposed  the 
trial  of  that  crime  by  this  house.  I  was  willing  that  the  parties  to  that  atro 
cious  crime  should  be  sent  to  their  natural  judges,  to  have  an  impartial  trial ; 
and  it  is  very  probable  that  /  saved  that  blood-stained  man  from  the  censure 
of  the  house  at  the  time." 

Mr.  Wise,  interrupting  Mr.  Adams,  inquired  of  the  speaker  whether  his 
character  or  conduct  was  involved  in  the  issue  before  the  house,  and  whether 
it  was  in  order  to  charge  him  with  the  crime  of  murder ;  a  charge  made  by  a 
man  who  had  at  the  time  defended  him  from  the  charge  on  that  floor ;  and 
who  had,  as  he  was  informed  by  one  of  Mr.  Adams'  own  colleagues,  defended 
him  before  thousands  of  people  in  Massachusetts. 

Mr.  Adams  said'  he  never  had  defended  the  man  on  the  merits  of  the  case  ; 
and  never  did  believe  but  what  he  was  the  guilty  man,  and  that  the  man  who 
pulled  the  trigger  was  but  an  instrument  in  his  hands.  He  repeated,  that  the 
house  had  no  power  to  try  and  punish  him  for  the  crimes  charged  against  him. 
The  constitution  provides,  that  "in  all  criminal  prosecutions  the  accused  shall 
enjoy  the  right  of  a  speedy  and  public  trial  by  an  impartial  jury."  The  house 
was  not  an  impartial  tribunal.  "  I  wish,"  said  Mr.  Adams,  "to  speak  of  the 
slaveholders  of  this  house  and  of  the  Union  with  respect.  There  are  three 
classes  of  persons  included  in  the  slave  interest  as  representatives  here!  As 
to  the  slaveholder,  I  have  nothing  to  say  against  him,  except  if  I  am  to  be 
tried  by  him,  I  shall  not  have  an  impartial  trial.  I  challenge  him  for  partial 
ity — for  preiidjudication  upon  this  question,  as  a  question  of  contempt,  which 
I  repeat,  is  the  only  charge  on  which  I  can  be  made  to  answer  here,  I  say  he 
is  not  impartial.  Every  slaveholder  has  Dot  only  an  interest,  but  the  most 
sordid  of  all  interests — a  personal,  pecuniary  interest — which  will  govern  him. 
I  come  from  a  portion  of  the  country  where  slavery  is  known  only  by  name  ;  I 
come  from  a  soil  that  bears  not  the  foot  of  a  slave  upon  it.  I  represent  here 
the  descendants  of  Bedford,  and  Winslow,  and  Carver,  and  Alden — the  first 
who  alighted  on  the  rock  of  Plymouth.  And  am  I,  the  representative  of  the 
descendants  of  these  men — of  the  free  people  of  the  state  of  Massachusetts, 
that  bears  not  a  slave  upon  it — am  I  to  come  here  and  be  tried  for  high  trea 
son  because  I  presented  a  petition — a  petition — to  this  house,  and  because  the 
fancy  or  imagination  of  the  gentleman  from  Kentucky  supposes  that  there  was 
anti-slavery  or  the  abolition  of  slavery  in  it  ?  The  gentleman  charges  me 
with  subornation  of  perjury  and  of  high  treason,  and  he  calls  upon  this  house, 
as  a  matter  of  mercy  and  grace,  not  to  expel  me  for  these  crimes,  but  to  in 
flict  upon  me  the  severest  censure  they  can  ;  and  to  decide  upon  that,  there 
are  one  hundred  members  of  this  house  who  are  slaveholders.  Is  any  one  of 
them  impartial  ?  No.  I  trust  they  will  not  consider  themselves  as  impartial 
men  ;  I  trust  that  many  of  them  will  have  those  qualms  of  conscience  which 
the  gentleman  from  Accomac  (Mr.  Wise)  assigns  as  his  reason  for  being  ex 
cused,  and  that  they  will  not  vote  upon  a  question  on  which  their  personal, 
pecuniary,  and  most  sordid  interests  are  at  stake." 

Mr.  Underwood,  of  Kentucky,  also  maintained  that  the  house  was  not  the 


MR.  ADAMS  DEFENDED.  527 

proper  tribunal  before  which  Mr.  Adams,  if  guilty  of  the  crimes  alleged,  ought 
to  be  arraigned.  He  defended  the  right  of  petition.  He  believed  where  there 
was  no  power  to  grant  the  prayer  of  the  petitioners,  there  was  no  right  to  pe 
tition.  But  he  had  voted  against  the  21st  rule,  because  by  that  petitioners 
were  excluded  who  had  a  right  to  be  heard.  As  a  slaveholder,  he  had  differed 
from  his  brethren  in  reference  to  the  whole  gag  proceedings.  In  reference  to 
all  gag  rules,  he  said,  away  with  them.  Let  those  who  wish,  discuss  this 
topic  as  much  as  they  please.  He  attempted  to  show  that  the  proceeding 
against  Mr.  Adams  was  to  punish  him  for  an  imputed  motive.  What  had  he 
been  guilty  of  ?  Had  he  sanctioned  the  petition  ?  How  could  they  judge 
his  motive  ?  Nor  had  he  violated  the  rules  of  order.  He  had  simply  presen 
ted  a  petition  ;  and  they  were  attemptiog  to  punish  him  for  the  manner  in 
which  he  had  considered  it  his  duty  to  represent  a  portion  of  the  people  of 
Massachusetts.  He  told  gentlemen  to  beware  how  they  put  it  into  the  power 
of  the  gentleman  from  Massachusetts  to  go  home  and  tell  his  constituents  that 
he  was  a  martyr  to  the  right  of  petition. 

Mr.  Botts,  of  Virginia,  also  defended  Mr.  Adams.  "  He  did  not  approve 
all  that  he  had  said  on  that  floor.  But  he  would  not  wound  the  feelings  of 
that  venerable  gentleman.  He  believed  he  had  expressed  many  sentiments  in 
the '  irritability  of  the  weight  of  years  that  hung  on  him,  which  his  own  calm 
reflection  would  condemn.  There  was  enough  passing  under  his  immediate  ob 
servation  to  provoke  the  gentleman,  and  if  he  might  use  the  expression,  to 
'  bedevil '  him.  But  what  was  the  offense  with  which  he  stood  charged  ?  He 
had  presented  a  petition  ;  and  he  had  asked  permission  to  present  a  remon 
strance,  and  appeal  to  the  petitioners  against  the  folly  of  their  course.  This 
was  not  the  first  time  the  house  had  heard  of  the  dissolution  of  the  Union.  A 
gentleman  from  South  Carolina,  now  a  member  of  this  body,  (Mr.  Rhett,)  had 
three  or  four  years  ago  actually  drawn  up  a  resolution,  asking  congress  to  appoint 
a  committee,  to  consist  of  one  member  from  each  state,  to  devise  measures  for 
the  dissolution  of  the  Union.  [This  called  out  Mr.  Rhett  in  explanation.  It 
was  not  his  wish  to  dissolve  the  Union ;  he  intended  it  as  an  amendment  to  a 
motion  to  refer  with  instructions  to  report  a  bill  for  abolishing  slavery  in  the 
District  of  Columbia.  He  expected  it  to  be  laid  on  the  table  with  the  origi 
nal  motion.  His  design  was  to  place  before  congress  and  the  people  what  he 
believed  to  be  the  true  issue  upon  this  great  and  vital  question.  The  resolu 
tion  proposed  a  committee  of  two  from  each  state.]  It  was,  said  Mr.  Botts, 
not  only  the  doctrine  of  the  gentleman,  but  of  the  majority  of  his  state.  They 
held  that  a  state  had  a  right  to  secede  from  the  Union.  If  one  state  had  such 
right,  others  had. " 

Mr.  Botts  "  considered  this  affair  a  great  farce — a  storm  in  a  tea-pot.  Talk 
of  censuring  the  gentleman  from  Massachusetts  I  Look  at  the  other  end  of  thin 
avenue.  A  man  at  the  head  of  the  right  arm  of  the  defense  of  this  nation — the 
secretary  of  the  navy,  (Mr.  Upshur,) — the  last  time  he  had  had  conversation 
with  him,  was  an  open,  avowed  advocate  of  the  immediate  dissolution  of  the 
Union.  [Mr.  Wise  :  I  deny  it.]  Mr.  Botts  repeated  the  declaration,  and 


528  MR.  ADAMS  DEFENDED. 

•  J  .-»-''     A      I. 

said,  when  the  secretary  denied  it,  he  would  undertake  to  prove  his  statement. 
If  there  were  to  be  any  charges  for  high  treason,  the  secretary  of  the  navy 
should  be  put  on  his  trial." 

Mr.  Arnold,  of  Tennessee,  spoke  at  length  in  opposition  to  the  resolutions, 
and  in  defense  of  Mr.  Adams.  "  He  could  have  no  possible  motive  for  desir 
ing  the  dissolution  of  the  Union.  He  had  presented  this  petition,  because  he 
wanted,  as  the  last  and  most  glorious  act  of  a  long  life,  to  send  forth,  in  these 
times  of  general  confusion  and  political  degeneracy,  a  paper  with  healing  hi 
its  wings — a  report  adverse  to  the  prayer  of  the  petition,  and  which  should 
state,  in  a  luminous  and  convincing  manner,  all  the  strong  arguments  in  favor 
of  union.  lie  would  like  to  see  such  a  paper  from  the  able  pen  of  that  vener 
able  patriot.  1 1  would  dissipate  all  doubts  as  to  the  purity  and  patriotism  of 
its  author. 

"But  for  the  crime  of  presenting  a  petition  with  such  an  object  in  view,  the 
house  was  to  put  on  record  against  him  a  charge  of  aiding  in  high  treason, 
and  in  suborning  the  members  of  that  house  to  the  commission  of  perjury ; 
and  he  was  to  consider  it  as  a  great  favor  that  the  house  did  nut  expel  him, 
but  contented  itself  with  giving  him  a  reprimand.  Mr.  Arnold  should  like  to 
witness  the  spectacle.  He  should  like  to  see  that  gentleman  .standing  at  the 
bar,  with  his  palsied  hand,  his  bare  head,  and  whitened  locks,  to  be  rebuked  by 
the  speaker,  comparatively  a  mere  boy,  after  having  been  visited  with  tke  vitu 
peration  and  vindictive  persecution  of  another,  as  much  a  boy  in  comparison. 
What  a  spectacle  !  Mr.  Arnold  turned  from  the  thought  with  loathing  and 
disgust,  and  so  would  the  nation.  So  far  from  helping  the  cause  of  the  south, 
it  would  kindle  up  against  her  a  blaze  high  as  the  very  heavens.  He  was 
against  it— utterly  and  totally  against  it — from  principle  and  from  policy  too." 

Mr.  Adams  xletnanded  that  before  the  house  came  to  the  conclusion  on  the 
motives  assumed  in  this  charge,  they  should  send  him  out  to  be  tried  before  a 
tribunal  of  the  country.  Then  he  should  have  the  benefit  secured  by  the  con 
stitution.  And  he  wanted,  in  that  case,  to  have  two  or  three  calls  made  on 
the  departments  for  information  necessary  for  his  defense;  and  for  this  pur 
pose  he  sent  several  resolutions  to  the  chair.  The  lirst  of  these  resolutions  re 
quested  the  president  to  communicate  copies  of  the  correspondence  relating  to 
an  act  of  South  Carolina  directing  the  imprisonment  of  colored  persons  arriv 
ing  from  abroad  in  -the  ports  of  that  state ;  also,  copies  of  the  act  or  acts,  and 
of  any  official  opinions  given  by  judge  Johnson  of  the  unconstitutionality  of 
the  said  acts.  [The  act  here  referred  A.o,  subjects  any  colored  person  landing 
from  a  vessel  ,iu  any  port  of  South  Carolina,  to  b0.  arrested  and  imprisoned, 
and  in  case  of  inability  to  pay  the  costs  incurred  by  such  imprisonment,  to  be 
sold  for  the  tr.me  as  a  slave.]  One  of  the  other  resolutions  called  for  a  copy 
of  any  letter  or  letters  from  the  president  to  a  certain  member  of  the  house, 
relating  to  the  rule  of  the  house  excluding  fro vn  reception  anti-slavery  petitions, 
or  to  any  agency  of  the  said  member  in  introducing  the  rub  The  :;rst  two 
resolutions,  after  considerable  further  debate,  veve  adopted  L'pon  tlw.  twa 
relating  to  the  "21st  rule,"  the  vote  was  not  then  *>t.\pn 


-'      CASE  OF  THE  CREOLE.  529 

Mr.  A.  maintained  that  he  was  guilty  of  no  offense ;  lie  had,  on  presenting 
the  petition,  declared  it  was  the  last  thing  he  would  ever  vote  for.  He  also 
repeated  what  he  had  said  on  former  occasions,  that  he  had  given  notice  to  the 
house,  the  petitioners,  and  the  whole  country,  and  his  constituents  among  them, 
that  if  they  seat  to  him  their  petitions  for  abolishing  slavery  in  the  District  of 
Columbia,  because  they  expected  him  to  support  them,  they  were  mistaken. 

After  Mr.  Adams  had  occupied  two  or  three  days  more  in  his  defense,  a  dis 
position  was  manifested  to  get  rid  of  the  subject,  by  laying  it  on  the  table.  He 
was  willing  to  acquiesce  in  such  a  proposition,  provided  it  should  never  be 
taken  up  again.  The  subject  was  thereupon  laid  on  the  table,  by  a  vote  of 
106  to  93 ;  and  the  reception  of  the  petition  was  refused,  40  to  106. 

On  the  28th  of  February,  1842,  Mr.  Giddings,  of  Ohio,  presented  a  petition 
from  upwards  of  eighty  citizens  of  Austinburg,  in  his  district,  of  both  political 
parties,  it  was  said,  praying  for  an  amicable  division  of  the  Union,  separating 
the  free  and  slave  states.  Mr.  G.  moved  a  reference  of  the  petition  to  a  select 
committee,  with  instructions  to  report  against  the  prayer  of  the  petitioners, 
and  to  assign  reasons  why  their  prayer  should  not  be  granted.  Mr.  Triplett, 
of  Kentucky,  considering  the  petition  disrespectful  both  to  the  house  and  the 
man  who  presented  it,  moved  that  it  be  not  received.  The  question  on  receiving 
the  petition  was  decided  in  the  negative:  yeas  24,  nays  116. 

Mr.  Kennedy,  of  Maryland,  offered  a  resolution  declaring  that  all  such  peti 
tions  should  thereafter  be  deemed  offensive,  and  the  member  presenting  them 
liable  to  censure.  The  resolution,  however,  was  not  received.  For  a  different 
act,  however,  Mr.  Giddings,  at  a  later  period  of  the  session,  incurred  a  formal 
censure  of  the  house. 

In  October,  1841,  the  brig  Creole  left  Richmond,  for  New  Orleans,  with  a 
cargo  consisting  principally  of  tobacco  and  slaves,  about  135  in  number.  On 
the  7th  of  November,  the  slaves  rose  upon  the  crew,  killed  a  man  on  board 
named  Hewell,  part  owner  of  the  negroes,  and  severely  wounded  the  captain 
and  two  of  the  crew.  Having  obtained  command  of  the  vessel,  they  directed 
iier  to  be  taken  into  the  port  of  Nassau,  in  the  British  island  of  New  Provi 
dence,  where  she  arrived  on  the  9th.  An  investigation  was  made  by  British 
magistrates,  and  an  examination  by  the  American  consul.  Nineteen  of  the 
negroes  were  imprisoned  by  the  local  authorities  as  having  been  concerned  in 
the  mutiny  and  murder.  Their  surrender  to  the  consul,  to  be  sent  to  the  United 
States  for  trial,  was  refused,  until  the  advice  of  the  government  of  England 
could  be  had.  A  part  of  the  remaining  slaves  were  liberated  and  suffered  to 
go  beyond  the  control  of  the  master  of  the  vessel  and  the  consul. 

Mr.  Webster,  secretary  of  state,  in  a  letter  dated  January  29th,  1842,  in 
structed  Mr.  Everett,  our  -minister  at  London,  to  present  the  case  to  the  Brit 
ish  government,  "  with  a  distinct  declaration,  that,  if  the  facts  turn  out  as  stated, 
this  government  think  it  a  clear  case  for  indemnification."  ^ 

A  different  view  of  the  question  was  taken  by  England.  Lord  Brougham 
stated  in  the  house  of  lords,  others  concurring  and  and  none  dissenting, 
that  "  the  only  treaty  by  which  England  or  America  could  claim  any  refugees, 


530  CENSURE  OF  MR.  GIDDINGS. 

either  from  the  other,  related  exclusively  to  murderers,  forgers,  and  fraudulent 
bankrupts ;  and  even  that  treaty  had  expired.  There  was  no  international 
law  by  which  they  could  claim,  or  we  give  up,  the  parties  who  had  taken  pos 
session  of  the  Creole ;  and  those  persons  must  stand  or  fall  by  British  laws 
only."  All  agreed  that  there  was  no  authority  to  surrender  tin;  fugitives,  nor 
hold  in  custody  the  mutineers ;  and  it  was  stated  that  orders  had  been  sent  for 
their  liberation. 

Oil  the  21st  of  March,  1842,  Mr.  Giddings  submitted  a  series  of  resolutions 
on  a  -subject  which,  he  said,  had  excited  some  interest  in  the  other  end  of  the 
capitol,  and  in  the  nation,  and  which  he  wished  to  lay  before  the  country. 
These  resolutions  declared  jurisdiction  over  slavery  to  belong  exclusively  to  the 
states ;  that  by  the  8th  section  of  the  first  article  of  the  constitution,  the  states 
had  surrendered  to  the  federal  government  jurisdiction  over  commerce  and  navi 
gation  upon  the  high  seas ;  that  slavery,  being  an  abridgment  of  the  natural 
rights  of  man,  can  exist  only  by  force  of  positive  municipal  law,  and  is  ne 
cessarily  confined  to  the  territorial  jurisdiction  of  the  power  creating  it ;  that 
when  the  brig  Creole  left  the  territorial  jurisdiction  of  Virginia,  the  slave  laws 
of  that  state  ceased  to  have  jurisdiction  over  the  persons  on  board  the  said 
brig,  who  became  amenable  only  to  the  laws  of  the  United  States,  and  who,  in 
resuming  their  natural  rights  of  personal  liberty,  violated  no  law  of  the  United 
States ;  and  that  all  attempts  to  reenslave  the  said  persons,  or  to  exert  our 
national  influence  in  favor  of  the  coastwise  slave-trade,  or  to  place  the  nation 
in  an  attitude  of  maintaining  a  "commerce  in  human  beings,"  were  subversive 
of  the  rights  and  injurious  to  the  feelings  and  the  interests  of  the  free  states, 
unauthorized  by  the  constitution,  and  incompatible  with  our  national  honor. 

Mr.  Ward,  of  New  York,  moved  the  previous  question  on  these  resolutions. 
Mr.  Everett,  of  Yermont,  with  a  view,  probably,  to  their  discussion,  moved  to 
lay  them  on  the  table.  This  motion  was  rejected  :  yeas  52,  nays  125.  The 
previous  question  having  been  seconded,  and  the  main  question  ordered,  Mr. 
Giddings,  in  the  midst  of  the  confusion  and  excitement  which  ensued,  withdrew 
his  resolutions. 

Mr.  Botts  then  offered  a  resolution,  upon  the  adoption  of  which  he  intended 
to  move  the  previous  question.  The  preamble  to  the  resolution  deprecated 
the  resolutions  of  Mr.  Giddings,  "  touching  a  subject  of  negotiation  between 
the  United  States  and  Great  Britain  of  a  most  delicate  nature,"  and  as  possi 
bly  "  involving  those  nations  and  the  whole  civilized  world  in  war ;  "  declared 
it  to  be  the  duty  of  every  good  citizen,  and  especially  of  every  representative 
of  the  people,  to  discountenance  all  efforts  to  create  excitement  and  division 
among  the  people  under  such  circumstances  ;  and  denounced  them  as  justifying 
mutiny  and  murder,  in  terms  shocking  to  all  sense  of  law,  order  and  humanity  : 
therefore, 

"Resolved,  That  this  house  hold  the  conduct  of  said  member  as  altogether 
unwarranted  and  unwarrantable,  and  deserving  the  severe  condemnation  of  the 
people  of  this  country,  and  of  this  body  in  particular." 

An  excited  debate  ensued,  which  continued  during  the  remainder  of  that 


MR.  GIDDINGS  RESIGNS.  531 

day  and  the  next,  and  in  which  sundry  questions  of  order,  appeals,  and  of  privi 
lege  were  discussed.  Several  members  having  expressed  a  desire  that  Mr. 
Giddings  should  be  heard  in  his  defense,  he  rose  and  said  :  "  I  stand  before 
the  house  in  a  peculiar  situation."  Mr.  Gooper,  of  Georgia,  objected  to  his 
proceeding,  but  at  the  request  of  his  colleagues  withdrew  his  objection.  But 
Mr.  G.  did  not  resume  the  floor.  He,  however,  addressed  to  the  reporter  of 
the  National  Intelligencer  a  note  stating,  that  when  he  was  called  to  order  the 
last  time,  he  had  written  and  desired  to  state  to  the  house  as  follows  : 

"MR.  SPEAKER:  I  stand  before  the  house  in  a  peculiar  situation.  It  is 
proposed  to  pass  a  vote  of  censure  upon  me,  substantially  for  the  reason  that 
I  differ  in  opinion  from  a  majority  of  the  members.  The  vote  is  about  to  be 
taken  without  giving  me  time  to  be  heard.  It  would  be  idle  for  me  to  say  that 
I  am  ignorant  of  the  disposition  of  a  majority  to  pass  the  resolution.  I  have 
been  violently  assailed  in  a  personal  manner,  but  have  had  no  opportunity  of 
being  heard  in  reply.  I  do  not  now  stand  here  to  ask  for  any  favor  or  to  crave 
any  mercy  at  the  hands  of  the  members.  But  in  the  name  of  an  insulted  con 
stituency — in  behalf  of  one  of  the  sovereign  states  of  this  Union — in  behalf 
of  the  people  of  these  states  and  the  federal  constitution — I  demand  a  hearing, 
agreeably  to  the  rights  guaranteed  to  me,  and  in  the  ordinary  mode  of  pro 
ceeding.  I  accept  of  no  other  privilege  ;  I  will  receive  no  other  courtesy." 

The  resolution  of  Mr.  Botts  was  adopted  by  a  vote  of  125  to  69 ;  the  pre 
amble,  129  to  66. 

Mr.  Giddings  then  addressed  to  the  speaker  a  letter  of  resignation,  which 
was  the  next  day  laid  before  the  house.  He  immediately  departed  for  his  resi 
dence  in  Ohio — was  reflected  on  the  26th  of  April,  at  a  special  election  called 
by  the  governor  of  the  state,  by  a  majority  of  about  3,500  votes  over  his  op 
ponent — and  returned  to  his  seat  in  the  house  on  the  5th  of  May.* 


CHAPTER    XXIX. 

PERIOD  FROM  1842  TO  1849. — ANNEXATION  OF  TEXAS. 

Object  of  the  acquisition  set  forth  by  Mississippi,  Alabama  and  Tennessee  legislatures, 
and  by  Mr.  Wise  and  Mr.  Gilmer,  1842. — Tyler's  treaty  of  annexation — rejected  by 
the  senate. — Presidential  campaign  of  1844. — Clay  and  Van  Buren  on  annexation. — Cal- 
houn's  Letter. — Session  of  1844-5 ;  joint  resolution  passed,  and  approved  March  1, 
1845. — Mexican  minister  protests. — War  with  Mexico. — The  $2,000,000  bill. — Wil- 
mot  Proviso. — Session  of  1847-8. — Bill  to  organize  Oregon  territory. — Power  of  Con 
gress  over  slavery  in  the  territories  discussed. — Dix  and  Calhoun. — Mr.  Calhoun  con 
troverts  the  doctrines  of  the  Declaration  of  Independence. — Cass'  Nicholson  letter. 

T 

J_  HE  project  for  the  annexation  of  Texas  had  not  been  abandoned.  The  ob 
ject  to  be  attained  by  the  acquisition  is  thus  set  forth  in  the  report  of  a  commit 
tee  of  the  Mississippi  legislature : 

*  American  Statesman. 


532  TEXAS  QUESTION. 

"But  we  hasten  to  suggest  tlie  importance  of  the  annexation  of  Texas  to  this  repub 
lic,  upon  grounds  somewhat  local  in  their  complexion,  but  of  an  import  infinitely  grave 
and  interesting  to  the  people  who  inhabit  the  southern  portion  of  this  confederacy, 
where  it  is  known  that  a  species  of  domestic  slavery  is  tolerated  and  protected  by  law, 
whose  existence  is  prohibited  by  the  legal  regulations  of  other  states  of  this  confederacy; 
which  system  of  slavery  is  held  by  all,  who  are  familiarly  acquainted  with  its  practical 
effects,  to  be  of  highly  beneficial  influence  to  the  country  within  whose  limits  it  IB  per 
mitted  to  exist.  , . 

<'T]ie  committee  feel  authorized  to  say  that  this  system  is  cherished  by  our  constitu 
ents  as  tlw  v6ry  palladium  of  their  prosperity  and  happiness,  and  whatever  ignorant 
fanatics  may  elsewhere  conjecture,  the  committee  are  fully  assured,  upon  the  most  dili 
gent  observation  and  reflection  on  the  subject,  that  the  south  does  not  possess  within  her 
limits  a  blessing  with  which  the  affections  of  her  people  are  so  closely  entwined  and  so 
completely  eniibered,  and  whose  value  is  more  highly  appreciated,  than  that  which  we 
are  now  considering. 

"It  may  not  be  improper  here  to  remark,  that  during  the  last  session  of  congress, 
when  a  senator  from  Mississippi  proposed  the  acknowledgment  of  Texan  independence, 
it  was  found,  with  a  few  exceptions,  the  members  of  that  body  were  ready  to  take  ground 
upon  it,  as  upon  the  subject  of  slavery  itself. 

"With  all  these  facts  before  us,  we  do  not  hesitate  in  believing  that  these  feelings  in 
fluenced  the  New  England  senators,  but  one  voting  in  favor  of  the  measure;  and,  indeed, 
Mr.  Webster  has  been  bold  enough,  in  a  public  speech  recently  delivered  in  New  York, 
to  many  thousand  citizens,  to  declare  that  the  reason  that  influenced  his  opposition  was 
his  abhorrence  to  slavery  in  the  south,  and  that  it  might,  in  the  event  of  its  recognition, 
become  a  slaveholding  state.  He  also  spoke  of  the  efforts  making  in  favor  of  abolition; 
and  that  being  predicated  upon,  and  aided  by  the  powerful  influence  of  religious  feeling, 
it  would  become  irresistible  and  overwhelming. 

"This  language,  coming  from  so  distinguished  an  individual  as  Mr.  Webster,  so  fa 
miliar  with  the  feelings  of  the  north,  and  entertaining  so  high  a  respect  for  public  senti 
ment  in  New  England,  speaks  so  plainly  the  voice  of  the  north  as  not  to  be  misunder 
stood. 

"We  sincerely  hope  there  is  enough  good  sense  and  genuine  love  of  country  among 
our  fellow-countrymen  of  the  northern  states,  to  secure  us  final  justice  on  this  subject; 
yet  we  cannot  consider  it  safe  or  expedient  for  the  people  of  the  south  to  entirely  disre 
gard  the  efforts  of  the  fanatics,  and  the  opinions  of  such  men  as  Webster,  and  others 
who  countenance  such  dangerous  doctrines.  - 

"The  northern  states  have  no  interests  of  their  own  which  require  any  special  safe 
guards  for  their  defense,  save  only  their  domestic  manufactures ;  and  God  knows  they 
have  already  received  protection  from  government  on  a  most  liberal  scale ;  under  which 
encouragement  they  have  improved  and  flourished  beyond  example.  The  south  lias 
very  peculiar  interests  to  preserve — interests  already  violently  assailed  and  boldly  threat 
ened. 

"Your  committee  are  fully  persuaded  that  this  protection  to  her  best  interests  will  be 
afforded  by  the  annexation  of  Texas ;  an  equipoise  of  influence  in  the  halls  of  congress 
will  be  secured  which  will  furnish  us  a  permanent  guarantee  of  protection. ' ' 

The  states  of  Alabama  and  Tennessee  had  also  adopted  resolutions  in  favor 
of  annexation.  IIoii.  Henry  A.  Wise,  in  a  speech  in  congress,  Jan.  26,  1842, 
said: 

"True,  if  Iowa  be  added  on  the  one  side,  Florida  will  be  added  on  the  other.  But 
there  the  equation  must  stop.  Let  one  more  northern  state  be  admitted,  and  the  equi 
librium  is  gone  —  gone  forever.  The  balance  of  interests  is  gone — the  safeguard  of 


• 

OBJECTS  OF  ANNEXATION.  533 

American  property — of  the  American  constitution — of  the  American  Union,  vanished 
into  thin  air.  This  must  he  the  inevitable  result,  unless  by  a  treaty  with  Mexico,  the 
south  can  add  more  weight  to  her  end  of  the  lever !  Let  the  south  stop  at  the  Sabine, 
("the  eastern  boundary  of  Texas,  _)  while  the  north  may  spread  unchecked  beyond  the 
Rocky  Mountains,  and  the  southern  scale  must  kick  the  beam !  ' ' 

Mr.  Gilraer,  member  of  congress  and  formerly  governor  of  Yirginia,  wrote 
to  a  friend  in  January,  1842  : 

"  You  ask  if  I  have  expressed  the  opinion  that  Texas  would  be  annexed  to  the  United 
States.  I  answer,  yes ;  and  this  opinion  has  not  been  adopted  without  reflection,  or  with 
out  a  careful  observation  of  causes,  which  I  believe  are  rapidly  bringing  about  this  result. 
I  do  not  know  how  far  these  causes  have  made  the  same  impression  on  others';  but  I 
am  persuaded  that  the  time  is  not  distant  when  they  will  be  felt  in  all  their  force.  The 
excitement  which  you  apprehend  may  arise ;  but  it  will  be  temporary,  and,  in  the  end, 
salutary. 

"I  am,  as  you  know,  a  strict  constructionist  of  the  powers  of  our  federal  government; 
and  I  do  not  admit  the  force  of  mere  precedent  to  establish  authority  under  written  con 
stitutions.  The  power  conferred  by  the  constitution  over  our  foreign  relations,  and  the 
repeated  acquisitions  of  territory  under  it,  seem  to  me  to  leave  this  question  open  as  one 
of  expediency. 

"But  you  anticipate  objections  with  regard  to  the  subject  of  slavery.  This  is  indeed 
a  subject  of  extreme  delicacy,  but  it  is  one  on  which  the  annexation  of  Texas  will  have 
the  most  salutary  influence.  Some  have  thought  that  the  proposition  would  endanger 
our  Union.  I  am  of  a  different  opinion.  I  believe  it  will  bring  about  a  better  -under 
standing  of  our  relative  rights  and  obligations. 

"Having  acquired  Louisiana  and  Florida,  we  have  an  interest  and  a  frontier  on  the 
Gulf  of  Mexico,  and  along  our  interior  to  the  Pacific,  which  will  not  permit  us  to  close 
our  eyes  or  fold  our  arms  with  indifference  to  the  events  which  a  few  years  may  disclose 
in  that  quarter.  We  have  already  had  one  question  of  boundary  with  Texas ;  other 
questions  must  soon  arise,  under  our  revenue  laws,  and  on  other  points  of  necessary 
intercourse,  which  it  will  be  difficult  to  adjust.  The  institutions  of  Texas,  and  her  rela 
tions  with  other  governments,  are  yet  in  that  condition  which  inclines  her  people  ("who 
are  our  countrymen  J  to  unite  their  destinies  with  ours.  This  must  be  done  soon  or  not 
at  all." 

Texas  was  also  making  movements  for  annexation ;  resolutions  and  a  bill 
for  the  purpose  were  introduced  into  the  legislature.  A  Texas  paper  an 
nounced  that  Mr.  Upshur,  our  secretary  of  state,  had  proposed  to  Mr.  Yan 
Zandt,  the  Texas  charge  at  Washington,  to  open  a  negotiation  for  annexing 
Texas  to  the  Union.  This  proved  to  be  true,  A  treaty  was  concluded  at 
Washington  on  the  12th  of  April,  1844,  by  John  C.  Calhoun,  secretary  of 
state,  on  the  part  of  the  United  States,  and  Isaac  Van  Zandt  and  J^  Pinckney 
Henderson  on  the  part  of  Texas.  This  treaty  was  communicated  to  the  sen 
ate  on  the  22d,  and  ordered  to  be  printed  in  confidence  for  the  use  of  the  sen 
ators.  On  the  27th  of  April,  notwithstanding  the  injunctions  of  secrecy  upon 
the  action  of  the  senate,  the  New  York  Post  announced  the  couclusion  of  the 
treaty,  and  published  the  president's  message  and  documents  which  accompa 
nied  it. 

On  the  8th  of  June,  the  question  was  taken  in  the  senate  on  the  ratification 
of  the  treaty,  a  majority  of  two-thirds  being  necessary  to  ratify.  Only  16  sen- 


534  TYLER  TREATY. 

ators  voted  in  the  affirmative,  and  25  in  the  negative.  Of  the  senators  from 
the  free  states  who  voted  for  the  treaty,  were  Messrs.  Buchanan  and  Sturgeon, 
of  Pennsylvania,  Mr.  Breese,  of  Illinois,  and  Mr.  Woodbury,  of  New  Hamp 
shire.  Of  the  democrats  from  the  free  states  who  voted  against  the  treaty, 
were  Mr.  Fail-field,  of  Maine,  Mr.  Atherton,  of  New  Hampshire,  Mr.  Niles, 
of  Connecticut,  Mr.  Wright,  of  New  York,  Messrs.  Allen  and  Tappan,  of 
Ohio ;  also,  Mr.  Benton,  of  Missouri,  a  slave  state. 

The  vote  on  the  question  of  ratification  does  not,  however,  indicate  the  views 
of  senators  on  the  abstract  question  of  annexation.  One  objection  to  the 
treaty  was,  that  it  would  involve  the  United  States  in  a  war  with  Mexico. 
Another  was,  that  Texas  claimed  disputed  territory ;  and  to  receive  Texas 
would  compel  our  government  to  defend  the  claim  against  Mexico.  It  was 
also  objected,  that  the  annexation  was  unconstitutional. 

In  the  debate  in  secret  session  on  the  ratification,  a  large  number  of  sena 
tors  took  part ;  among  whom  were  Messrs.  Benton,  Choate,  Wright,  Walker, 
and  M'Duffie  ;  the  two  last  in  favor  of  the  treaty,  the  others  in  opposition. 

Mr.  Beuton's  great  speech  was  delivered  on  the  16th,  17th,  and  20th  of 
May,  and  was  in  support  of  resolutions  offered  by  him  on  the  13th,  declaring, 

1st.  That  the  ratification  of  the  treaty  would  be  the  adoption  of  the  Texan 
war  with  Mexico,  and  would  devolve  its  conclusion  upon  the  United  States. 

2d.  That  the  treaty-making  power  does  not  extend  to  the  power  of  making 
war,  and  that  the  president  and  senate  have  no  right  to  make  war,  either  by 
declaration  or  by  adoption. 

3d.  That  Texas  ought  to  be  reunited  to  the  American  union,  as  soon  as  it 
can  be  done  with  the  consent  of  a  majority  of  the  people  of  the  United  States 
and  of  Texas,  and  when  Mexico  shall  either  consent  to  the  same,  or  acknowl 
edge  the  independence  of  Texas,  or  cease  to  prosecute  the  war  against  her, 
(the  armistice  having  expired,)  on  a  scale  commensurate  to  the  conquest  of  the 
country. 

Mr.  Benton  contended  that  the  treaty  proposed  to  annex  much  more  terri 
tory  than  originally  belonged  to  Texas ;  and  therefore  the  proposition  for  the 
"  reannexation  of  Texas  "  was  a  fraud  in  words.  It  was  not  pretended,  even 
by  those  who  used  that  word,  that  the  province  of  Texas,  when  it  was  ceded 
in  1819  to  Spain,  extended  farther  than  the  boundaries  included  between  the 
Sabine  and  the  Rio  del  Norte,  and  the  Gulf  of  Mexico  and  the  Red  River, 
whilst  the  republic  of  Texas,  as  defined  in  the  treaty,  included  the  whole  ex 
tent  of  the  Rio  del  Norte,  and  embraced  portions  of  the  department  of  New 
Mexico,  with  its  capital,  being  many  hundred  miles  of  a  neighbor's  dominion, 
with  whom  we  had  treaties  of  peace  and  friendship  and  commerce — a  territory 
where  no  Texan  force  had  ever  penetrated,  and  including  towns  and  villages 
and  custom-houses  now  in  the  peaceful  possession  of  Mexico. 

In  a  message  to  the  senate  subsequent  to  that  accompanying  the  treaty,  the 
president  has  asserted  the  doctrine  that  the  treaty  signed  by  him  was  ratified 
from  that  moment ;  and,  consequently,  that  part  of  Mexico  above  mentioned 

jv,  :.:-:- 


MR.  BENTON.  535 

,     •  '   '  ,   .T   '- 

must  be  and  remain  "reannexed,"  until  the  acquisition  should  be  rejected  by 

the  senate.     In  relation  to  this,  Mr.  Benton  speaks  thus  : 

"  The  president  in  his  special  message  of  Wednesday  last  informs  us  that 
we  have  acquired  a  title  to  the  ceded  territory  by  his  signature  to  the  treaty, 
wanting  only  the  action  of  the  senate  to  perfect  it ;  and  that,  in  the  mean  time, 
he  will  protect  it  from  invasion,  and  for  that  purpose  has  detached  all  the  dis 
posable  portions  of  the  army  and  navy  to  the  scene  of  action.  This  is  a  caper 
about  equal  to  the  mad  freaks  with  which  the  unfortunate  emperor  Paul,  of 
Russia,  was  accustomed  to  astonish  Europe  about  forty  years  ago.  By  this 
declaration,  the  thirty  thousand  Mexicans  in  the  left  half  of  the  valley  of  the 
Rio  del  Norte  are  our  citizens,  and  standing,  in  the  language  of  the  presi 
dent's  message,  in  a  hostile  attitude  towards  us,  and  subject  to  be  repelled  as 
invaders.  Taos,  the  seat  of  the  custom-house,  where  our  caravans  enter  their 
goods,  is  ours ;  governor  Armijo  is  our  governor,  and  subject  to  be  tried  for 
treason  if  he  does  not  submit  to  us ;  twenty  Mexican  towns  and  villages  are 
ours,  and  their  peaceful  inhabitants,  cultivating  their  fields  and  tending  their 
flocks,  are  suddenly  converted,  by  a  stroke  of  the  president's  pen,  into  Ameri 
can  citizens,  or  American  rebels.  This  is  too  bad :  and,  instead  of  making 
themselves  party  to  its  enormities,  as  the  president  invites  them  to  do,  I  think 
rather  that  it  is  the  duty  of  the  senate  to  wash  its  hands  of  all  this  part  of  the 
transaction  by  a  special  disapprobation.  The  senate  is  the  constitutional  ad 
viser  of  the  president,  and  has  the  right,  if  not  the  duty,  to  give  him  advice 
when  the  occasion  requires  it.  I  therefore  propose,  as  an  additional  resolu 
tion,  applicable  to  the  Rio  del  Norte  boundary  only: — the  one  which  I  will 
read  and  send  to  the  secretary's  table — and  on  which,  at  the  proper  time,  I 
shall  ask  the  vote  of  the  senate.  This  is  the  resolution  : 

'Resolved,  That  the  incorporation  of  the  left  bank  of  the  Rio  del  Norte 
r.ito  the  American  union,  by  virtue  of  a  treaty  with  Texas,  comprehending  as 
the  said  incorporation  would  do,  a  part  of  the  Mexican  departments  of  New 
Mexico,  Chihuahua,  Coahuila,  and  Tamaulipas,  would  be  an  act  of  direct  ag 
gression  on  Mexico  ;  for  all  the  consequences  of  which  the  United  States  would 
stand  responsible.' 

Having  shown  the  effect  of  the  treaty  on  the  Rio  Grande  frontier,  Mr.  B. 
took  up  the  treaty  itself,  under  all  its  aspects  and  in  its  whole  extent,  and  as 
sumed  four  positions  in  relation  to  it,  namely : 

1.  That  the  ratification  of  the  treaty  would  be,  of  itself,  war  between  the 
United  States  and  Mexico. 

2.  That  it  would  be  unjust  war. 

3.  That  it  would  be  war  unconstitutionally  made. 

4.  That  it  would  be  war  upon  weak  and  groundless  pretext." 

Mr.  M'Duffie,  on  the  23d  of  May,  replied  to  Mr.  Benton.  The  question  as 
to  boundary,  he  said,  had  been  exhausted  by  the  conclusive  argument  of  Mr. 
Walker,  of  Mississippi,  and  he  would  not  discuss  it.  It  had  been  contended 
by  senators  that  the  ratification  of  the  treaty  would  subject  us  to  the  charge  of 
a  violatioy  of  the  public  faith.  In  answer  to  this  objection,  Mr.  M'Duffie  re- 


536  MR.  M'DUFFIE. 

ferred  to  the  case  of  France,  in  1778.  When  the  United  States  were  waging 
an  unequal  war  with  Great  Britain,  she  came  to  our  aid  recognized  our  inde 
pendence,  and  formed  with  us  a  treaty  of  alliance,  offensive  and  defensive. 
Had  any  historian  mentioned  this  as  a  breach  of  national  faith  on  the  part  of 
France  ?  llad  our  government  contracted  such  an  alliance  with  Texas  when 
Santa  Anna  was  marching  to  meet  a  disgraceful  defeat  at  San  Jaciuto,  it  would 
have  violated  no  national  faith,  nor  any  dictate  of  international  law.  lie  con 
tended  that  she  had  maintained  her  independence  ;  we  had  recognized  it :  so 
had  Great  Britain,  France,  Holland,  and  Belgium.  She  possessed  all  the  at 
tributes  of  national  sovereignty,  and  the  elements  of  self-government,  more  so 
than  Mexico  herself.  Texas,  he  said,  had  a  right  to  enter  into  a  treaty  of  an 
nexation  if  she  chose  ;  and  who  would  deny  her  that  right  ?  Could  she  not 
dispose  of  herself  as  she  pleased  ?  And  did  it  not  follow  that  the  United  States 
had  a  corresponding  and  an  equal  right  to  receive  her  ?  The  right  of  prop 
erty  implied  the  right  of  the  proprietor  to  sell,  and  the  correlative  right  of  ev 
ery  other  person  to  purchase.  V'5% 

But  it  was  said  the  ratification  would  involve  us  in  a  war  with  Mexico.  So 
he  himself  thought  in  1836,  when  Texas  was  a  "rebellious  province  ;"  but 
since  the  battle  of  San  Jacinto,  Mexico  had  not  made  a  single  military  move 
ment  toward  recovering  her  lost  dominions.  She  had  done  nothing  that  de 
served  the  name  of  war.  Appealing  to  the  gasconading  proclamation  of  Mex 
ico,  the  senator  from  Missouri  had  asked,  "  Is  this  peace  ?"  The  orders  to  the 
home  squadron,  and  the  army  of  observation  sent  to  the  Sabine,  to  watch  the 
movements  of  Mexico,  should  any  be  made,  and  promptly  report  them  to  head 
quarters,  that  they  might  as  promptly  be  reported  to  congress,  the  senator  had 
pronounced  an  act  of  Avar.  If  to  employ  a  corps  of  observation  was  to  make 
war,  then  we  were  at  war  with  the  powers  in  the  West  Indies,  on  the  Mediter 
ranean,  and  on  the  coast  of  Africa ;  for  we  had  squadrons  in  every  sea  to  pro 
tect  our  commerce,  and  to  make  war  on  pirates.  The  proclamation  of  Mexi 
co,  and  the  counter  proclamations  and  defiances  of  Texas,  he  did  not  consider 
war,  as  did  the  senators  on  the  other  side. 

Mr.  M'Duffie  referred  to  the  proposition  to  Mexico  made  by  Mr.  Clay,  when 
secretary  of  state  under  Mr.  Adams,  in  1825,  to  purchase  Texas,  when  the  war 
between  Spain  and  Mexico  was  still  in  existence.  So  in  1829,  when  Mexico 
was  invaded  by  a  large  army,  and  her  ports  were  blockaded,  Mr.  Van  Buren, 
by  order  of  Gen.  Jackson,  made  to  Mexico  a  proposition  to  purchase  Texas. 

Having  advocated  the  right  to  receive  Texas,  he  proceeded  to  show  the  duty 
of  making  the  treaty.  Great  Britain  should  not  be  allowed  to  obtain  the 
control  of  Texas  by  a  treaty  of  guaranty  stipulating  for  extensive  commer 
cial  privileges.  He  had  never  till  now  realized  the  justice  of  Mr.  Monroe's  de 
claration,  that  no  European  power  must  ever  be  permitted  to  establish  a  colony  on 
this  continent.  And  he  urged  the  danger  to  the  slave  property  of  the  south, 
if  Great  Britain  should  get  control  of  Texas.  They  had  a  right  to  demand 
from  the  government  protection  to  their  property.  Annexation,  too,  would 
operate  as  a  safety-valve  to  let  off  their  superabundant  slave  population,  which 


BENTON'S  BILL.  537 

would  render  them  more  happy,  and  the  whites  more  secure.  And  with  regard 
to  the  time  of  annexation,  he  adopted  the  language  of  Gen.  Jackson,  "  now  or 
never." 

Immediately  after  the  treaty  was  rejected,  Mr.  Benton  gave  notice  of  a  bill 
for  the  annexation  of  Texas,  with  the  consent  of  Mexico.  On  the  10th  of 
April,  pursuant  to  notice,  he  brought  in  the  bill,  which  authorized  and  advised 
the  president  to  open  negotiations  with  Mexico  and  Texas  for  adjusting  boun 
daries  and  annexing  Texas  to  the  United  States,  on  the  following  bases  : 

1st.  The  boundary  to  be  in  the  desert  prairie  west  of  the  Nueces,  and  along 
the  highlands  and  mountain  heights  which  divide  the  waters  of  the  Mississippi 
from  those  of  the  Rio  del  Norte,  and  to  latitude  42  degrees  north. 

2d.  The  people  of  Texas,  by  a  legislative  act  or  otherwise,  to  express  their 
assent  to  annexation. 

3d.  A  state  to  be  called  "  Texas,"  with  boundaries  fixed  by  herself,  and  an 
extent  not  exceeding  that  of  the  largest  state  in  the  union,  to  be  admitted  into 
the  union  by  virtue  of  this  act,  on  an  equal  footing  with  the  original  states. 

4th.  The  remainder  of  the  territory,  to  be  called  "  the  Southwest  Terri 
tory,"  and  to  be  held  and  disposed  of  by  the  United  States  as  one  of  their  ter 
ritories. 

5th.  Slavery  to  be  forever  prohibited  in  the  northern  half  of  the  annexed 
territory. 

6th.  The  assent  of  Mexico  to  such  annexation  and  boundary  to  be  obtained 
by  treaty,  or  to  be  dispensed  with  when  congress  may  deem  such  assent  unnec 
essary. 

7th.  Other  details  to  be  adjusted  by  treaty  so  far  as  they  may  come  within 
the  scope  of  the  treaty-making  power. 

On  presenting  his  bill,  Mr.  Benton  spoke  nearly  two  hours.  He  said  his 
was  not  a  new  burst  of  affection  for  the  possession  of  the  country,  as  his  writ 
ings  a  quarter  of  a  century  ago  would  testify.  He  disapproved  the  course  of 
the  executive  in  not  having  first  consulted  congress.  The  rejection  of  the 
treaty  having  wiped  out  all  cause  of  offense  to  Mexico,  he  thought  it  best  to 
commence  again,  and  at  the  right  end — with  the  legislative  branch,  by  which 
means  we  should  proceed  regularly  and  constitutionally.  As  to  the  boundary, 
he  had  followed  the  basis  laid  down  by  Jefferson,  fixing,  as  the  limit  to  be 
adopted  in  settling  the  boundary  with  Spain,  all  the  territory  watered  by  the 
tributaries  to  the  Mississippi,  and  made  it  applicable  to  Mexico  and  Texas. 
He  did  not  attach  so  much  importance  to  the  consent  of  Mexico  as  to  make  it 
an  indispensable  condition,  yet  he  regarded  it  as  something  to  be  respectfully 
sought  for.  But  if  it  were  not  obtained,  it  was  left  to  the  house  to  say  when 
that  consent  became  necessary.  He  wished  to  continue  in  amity  with  Mexico. 
Those  who  underrated  the  value  of  a  good  understanding  with  her,  knew  noth 
ing  of  what  they  spoke.  Mexico  took  the  products  of  our  farms,  and  returned 
the  solid  silver  of  her  mines.  Our  trade  with  her  was  constantly  increasing. 
In  1821,  the  year  in  which  she  became  independent,  we  received  from  her 
$80,000;  in  1835,  $8,500,000.  When  we  began  to  sympathize  with  Texas, 
35 


538  TEXAS  QUESTION. 

this  trade  rapidly  fell  off,  until  it  got  down  to  one  million  and  a  half.  As  the 
earliest  and  most  consistent  friend  of  Texas,  he  desired  peace  with  Mexico,  in 
order  to  procure  the  ultimate  annexation  of  Texas.  If  Mexico,  blind  to  her 
interests,  should  refuse  to  let  Texas  take  her  natural  position  as  a  part  of  the 
valley  of  the  Mississippi,  let  congress  say  in  what  case  the  consent  of  Mexico 
might  cease  to  be  necessary. 

Mr.  Benton  severely  censured  that  party,  who,  while  an  armistice  was  sub 
sisting  between  Mexico  and  Texas,  which  bid  fair  to  lead  to  peace,  rushed  in 
with  a  firebrand  to  disturb  these  relations  of  amity.  For  this  act  they  must 
stand  condemned  in  the  eyes  of  Christendom.  Every  wise  man  must  see  that 
Texas  and  Mexico  were  not  naturally  parts  of  a  common  country.  The  set 
tlements  of  Mexico  had  never  taken  the  direction  of  Texas.  In  a  northeast 
ern  direction,  they  had  not  extended  much  over  the  Rio  Grande  ;  they  had 
come  merely  to  the  pastoral  regions,  but  had  never  professed  strength  enough 
to  subdue  the  sugar  and  cotton  sections.  He  alluded  to  his  own  far  back 
prophecies  and  writings  concerning  Texas.  Messrs.  Walker  and  Woodbury 
he  termed  "  Texas  neophytes,"  who  had  been  so  anxious  to  make  great  demon 
strations  of  love  for  Texas.  For  himself,  he  had  no  such  anxiety,  because  his 
sentiments  had  always  been  known.  With  him  it  was  not  a  question  "now  or 
never,"  but  Texas  then,  now,  and  always 

Mr.  Benton  said  he  had  provided  against  another  Missouri  agitation.  For 
those  who  regarded  slavery  as  a  great  moral  evil,  in  which  he,  perhaps,  did  not 
differ  much  from  them,  there  was  a  provision  which  would  neutralize  the  slave 
influence.  He  would  not  join  the  fanatics  on  either  side — those  who  were 
running  a  muck  for  or  against  slavery. 

The  senator  from  South  Carolina,  in  his  zeal  to  defend  his  friends,  goes  be 
yond  the  line  of  defense  and  attacks  me  ;  he  supposes  me  to  have  made  anti- 
annexation  speeches  ;  and  certainly,  if  he  limits  the  supposition  to  my  speeches 
against  the  treaty,  he  is  right.  But  that  treaty,  far  from  securing  the  annexa 
tion  of  Texas,  only  provides  for  the  disunion  of  these  states.  The  annexation 
of  the  whole  country  as  a  territory,  and  that  upon  the  avowed  ground  of  laying 
it  all  out  into  slave  states,  is  an  open  preparation  for  a  Missouri  question  and 
a  dissolution  of  the  union.  I  am  against  that ;  and  for  annexation  in  the 
mode  pointed  out  in  my  bill.  I  am  for  Texas — for  Texas  with  peace  and  hon 
or,  and  with  the  union.  Those  who  want  annexation  on  these  terms  should 
support  my  bill ;  those  who  want  it  without  peace,  without  honor,  and  without 
the  union,  should  stick  to  the  lifeless  corpse  of  the  defunct  treaty." 

The  president,  having  been  foiled  in  his  scheme  of  annexation  by  treaty,  ap 
pealed  to  the  house  of  representatives,  in  a  message,  dated  the  10th  of  June, 
two  days  after  the  rejection  of  the  treaty,  accompanied  by  the  rejected  treaty 
with  the  correspondence  and  documents  which  had  been  submitted  to  the  senate. 
The  president  says  in  the  message,  that  he  does  not  perceive  the  force  of  the 
objections  of  the  senate  to  the  ratification.  Negotiations  with  Mexico,  in  ad 
vance  of  annexation,  would  not  only  prove  abortive,  but  might  be  regarded  as 
offensive  to  Mexico  and  insulting  to  Texas.  We  could  not  negotiate  with 


CLAY  AND  VAN  BUREN.  539 

Mexico  for  Texas,  without  admitting  that  our  recognition  of  her  independence 
was  fraudulent,  delusive,  or  void.  Only  after  acquiring  Texas,  could  the  ques 
tion  of  boundary  arise  between  the  United  States  and  Mexico,  a  question  pur 
posely  left  open  for  negotiation  with  Mexico,  as  affording  the  best  opportunity 
for  the  most  friendly  and  pacific  arrangements.  He  asserted  that  Texas  no 
longer  owed  allegiance  to  Mexico ;  she  was,  and  had  been  for  eight  years,  in 
dependent  of  the  confederation  of  Mexican  republics.  Nor  could  we  be  ac 
cused  of  violating  treaty  stipulations.  Our  treaty  with  Mexico  was  merely 
commercial,  intended  to  define  the  rights  and  secure  the  interests  of  the  citi 
zens  of  each  country.  There  was  no  bad  faith  in  negotiating  with  an  indepen 
dent  power  upon  any  subject  not  violating  the  stipulations  of  such  treaty. 

In  view  of  the  importance  of  the  subject,  he  invited  the  immediate  attention 
of  the  representatives  of  the  people  to  it ;  and  for  so  doing  he  found  a  suffi 
cient  apology  in  the  urgency  of  the  matter,  as  annexation  would  encounter 
great  hazard  of  defeat,  if  something  were  not  now  done  to  prevent  it.  He 
transmitted  to  the  house  a  number  of  private  letters  on  the  subject  from  citi 
zens  of  Texas  entitled  to  confidence. 

Much  had  occurred  to  confirm  his  confidence  in  the  statements  of  General 
Jackson,  and  of  his  own  statement  in  a  previous  message,  that  "  instructions 
had  already  been  given  by  the  Texan  government  to  propose  to  the  govern 
ment  of  Great  Britain  forthwith,  on  the  failure  of  the  treaty,  to  enter  into  a 
treaty  of  commerce,  and  an  alliance  offensive  and  defensive."  He  also  referred 
the  house  to  a  letter  from  Mr.  Everett  from  London,  which  he  seemed  to  con 
strue  into  an  intention  to  interfere  with  the  contemplated  arrangement  between 
the  United  States  and  Texas.  Although  he  regarded  annexation  by  treaty  as 
the  most  suitable  form  in  which  it  could  be  effected,  should  congress  deem  it 
proper  to  resort  to  any  other  expedient  compatible  with  the  constitution,  and 
likely  to  accomplish  the  object,  he  was  ready  to  yield  his  prompt  and  active 
cooperation.  He  says  :  "  The  question  is  not  as  to  the  manner  in  which  it 
shall  be  done,  but  whether  it  shall  be  accomplished  or  not.  The  responsibility 
of  deciding  this  question  is  now  devolved  upon  you." 

The  message  was  communicated  at  too  late  a  day  for  deliberation  and  action 
at  this  session.  Congress  adjourned  on  the  17th  of  June. 

During  the  presidential  campaign  of  1844,  the  annexation  of  Texas  consti 
tuted  a  leading  issue  between  the  two  great  political  parties.  Before  the 
meeting  of  the  nominating  conventions,  public  sentiment  had  designated  Clay 
and  Van  Buren  as  candidates  for  the  presidency.  Accordingly,  letters  were  ad 
dressed  to  them  to  obtain  an  expression  of  their  views  upon  the  annexation  of 
Texas. 

The  letters  of  Messrs.  Clay  and  Yan  Buren,  taking  ground  against  annexa 
tion,  without  the  consent  of  Mexico,  as  an  act  of  bad  faith  and  aggression, 
which  would  necessarily  result  in  war,  which  appeared  in  the  spring  of  1844, 
make  slight  allusions  to  the  slavery  aspect  of  the  case.  In  a  later  letter,  Mr. 
Clay  declared  that  he  did  not  oppose  annexation  on  account  of  slavery,  which 
he  regarded  as  a  temporary  institution,  which,  therefore,  ought  not  to  stand  in 


540  CLAY  AND  VAN  BUREN. 

the  way  of  a  permanent  acquisition.  And,  though  Mr.  Clay's  last  letter  on  the 
subject,  prior  to  the  election  of  1844,  reiterated  and  emphasized  all  his  objec 
tions  to  annexation  under  the  existing  circumstances,  he  did  not  include  the 
existence  of  slavery. 

In  his  first  letter  Mr.  Clay  said,  "  there  were  those  who  favored  and  those 
who  opposed  the  annexation  of  Texas,  from  its  supposed  effect  upon  the  bal 
ance  of  political  power  between  two  great  sections  of  the  union.  He  dis 
countenanced  the  motive  of  acquiring  territory  for  the  purpose  of  strengthening 
one  part  of  the  union  against  another.  If  to-day  Texas  should  be  obtained 
to  strengthen  the  south,  to-morrow  Canada  might  be  acquired  to  add  strength 
to  the  north.  In  the  progress  of  this  spirit  of  universal  dominion,  the  part  of 
the  union  now  the  weakest,  would  find  itself  still  weaker  from  the  impossibility 
of  securing  new  theaters  for  those  peculiar  institutions  which  it  is  charged  with 
being  desirous  to  extend.  But  he  doubted  whether  Texas  would  really  add 
strength  to  the  south.  From  the  information  he  had  of  that  country,  he 
thought  it  susceptible  of  a  division  into  five  states  of  convenient  size  and  form; 
three  of  which  he  thought  would  be  unfavorable  to  the  employment  of  slave 
labor,  and  would  be  free  states,  while  only  two  of  them  would  be  slave  states. 
This  might  serve  to  diminish  the  zeal  both  of  those  who  oppose  and  those  who 
urge  annexation  " 

In  conclusion,  he  thus  sums  up  his  opinions  :  He  "considers  the  annexation 
of  Texas,  at  this  time,  without  the  assent  of  Mexico,  as  a  measure  compromise 
ing  the  national  character,  involving  us  certainly  in  war  with  Mexico,  probably 
with  other  foreign  powers,  dangerous  to  the  integrity  of  the  union,  inexpedient 
to  the  present  financial  condition  of  the  country,  and  not  called  for  by  any 
general  expression  of  public  opinion." 

The  sentiments  expressed  in  the  following  extracts  from  Mr.  Van  Buren's 
letter  are  worthy  of  observation :  "We  must  look  to  this  matter  as  it  really 
stands.  We  shall  act  under  the  eye  of  an  intelligent,  observing  world ;  and 
the  affair  cannot  be  made  to  wear  a  different  aspect  from  what  it  deserves  if 
even  we  had  the  disposition  (which  we  have  not)  to  throw  over  it  disguises  of 
any  kind.  We  should  consider  whether  there  is  any  way  in  which  the  peace 
of  the  country  can  be  preserved,  should  an  immediate  annexation  take  place, 
save  one — and  that  is,  according  to  present  appearances,  the  improbable  event 
that  Mexico  will  be  deterred  from  the  farther  prosecution  of  the  war  by  the 
apprehension  of  our  power.  The  question  then  recurs,  if,  as  sensible  men,  we 
cannot  avoid  the  conclusion  that  the  immediate  annexation  of  Texas  would,  in 
all  human  probability,  draw  after  it  a  war  with  Mexico,  can  it  be  expedient  to 
attempt  it  ?  Of  the  consequences  of  such  a  war,  the  character  it  might  be 
made  to  assume,  the  entanglements  with  other  nations  which  the  position  of  a 
belligerent  almost  unavoidably  draws  after  it,  and  the  undoubted  injuries  which 
might  be  inflicted  upon  each — notwithstanding  the  great  disparity  of  their  re 
spective  forces,  I  will  not  say  a  word.  God  forbid  that  an  American  citizen 
should  ever  count  the  cost  of  any  appeal  to  what  is  appropriately  denominated 
the  last  resort  of  nations,  whenever  that  resort  becomes  necessary  either  for 


PRESIDENTIAL  NOMINATIONS.  541 

the  safety  or  to  vindicate  the  honor  of  his  country.  There  is,  I  trust,  not  one 
so  base  as  not  to  regard  himself  and  all  he  has  to  be  forever  and  at  all  times 
subject  to  such  a  requisition.  But  would  a  war  with  Mexico,  brought  on  un 
der  such  circumstances,  be  a  contest  of  that  character  ?  Could  we  hope  to 
stand  justified  in  the  eyes  of  mankind  for  entering  into  it ;  more  especially  if 
its  commencement  is  to  be  preceded  by  the  appropriation  to  our  own  uses  of 
the  territory,  the  sovereignty  of  which  is  in  dispute  between  two  nations,  one 
of  which  we  are  to  join  in  the  struggle  ?  This,  sir,  is  a  matter  of  the  gravest 
import,  one  in  respect  to  which  no  American  statesman  or  citizen  can  possibly 
be  indifferent." 

It  was  not  long  after  this  letter  appeared,  before  it  was  apparent  that  Mr. 
Yan  Buren  was  to  be  abandoned.  Movements  were  soon  made  in  many  places 
to  prevent  his  nomination.  Annexation  was  to  southern  democrats  an  object 
for  which  even  Mr.  Van  Buren  was  not  deemed  too  great  a  sacrifice.  Meet 
ings  were  held  for  the  purpose  of  revoking  the  instructions  which  had  been 
given  to  delegates  to  support  Mr.  Van  Buren  ;  and  resolutions  were  passed 
recommending  to  them  to  cast  their  votes  for  men  known  and  pledged  to  be 
in  favor  of  annexation.  In  New  York  and  other  northern  states,  the  "  de 
mocracy  "  protested  against  these  southern  movements  to  defeat  Mr.  Van  Bu 
ren. 

Notwithstanding  Mr.  Clay's  hostilty  to  the  annexation  of  Texas,  he  was 
nominated  unanimously  in  the  whig  convention.  Mr.  Van  Buren  did  not  fare 
so  well  in  the  democratic  convention.  He  received  a  clear  majority  on  the  first 
ballot,  but  a  rule  of  the  convention  required  two-thirds.  He  was  eventually 
sacrificed  to  make  room  for  James  K.  Polk,  who  was  in  favor  of  the  annexation. 

Of  course  many  of  the  northern  democrats  who  had  deprecated  annexation, 
now  became  ardent  advocates  of  the  "  great  American  measure,"  but  there 
were  some  who  still  protested  against  it.  The  organ  of  this  class  was  the 
New  York  Evening  Post,  whose  editor,  with  six  other  gentlemen,  issued  a  pri 
vate  circular  to  some  of  their  friends  in  different  parts  of  the  state.  The  letter 
explains  its  object :  »i> 

' '  SIR — You  will,  doubtless,  agree  with  us,  that  the  late  Baltimore  convention  placed 
the  democratic  party  at  the  north  in  a  position  of  great  difficulty.  We  are  constantly 
reminded  that  it  rejected  Mr.  Van  Buren,  and  nominated  Mr.  Polk,  for  reasons  connected 
with  the  immediate  annexation  of  Texas — reasons  which  had  no  relation  to  the  princi 
ples  of  the  party.  Nor  was  that  all.  The  convention  went  beyond  the  authority  dele 
gated  to  its  members,  and  adopted  a  resolution  on  the  subject  of  Texas  ("a  subject  not 
before  the  country  when  they  were  elected,  upon  which,  therefore,  they  were  not  in 
structed,  )  which  seeks  to  interpolate  into  the  party  creed  a  new  doctrine,  hitherto  un 
known  among  us,  at  war  with  some  of  our  established  principles,  and  abhorrent  to  the 
opinions  and  feelings  of  a  great  majority  of  northern  freemen.  In  this  position,  what 
was  the  party  of  the  north  to  do  ?  Was  it  to  reject  the  nominations,  and  abandon  the 
contest  ?  Or  should  it  support  the  nominations,  rejecting  the  untenable  doctrine  inter 
polated  at  the  convention,  and  taking  care  that  their  support  should  be  accompanied  by 
such  an  expression  of  their  opinion  as  to  prevent  its  being  misinterpreted  ?  The  latter 
alternative  has  been  preferred,  and  we  think  wisely  ;  for  we  conceive  that  a  proper  ex 
pression  of  their  opinion  will  save  their  votes  from  misconstruction,  and  that  proper 


542  MR.  CALHOUN'S  LETTER 

efforts  will  secure  the  nomination  of  such  members  of  congress  as  will  reject  the  un 
warrantable  scheme  now  pressed  upon  the  country." 

About  this  time  the  following  official  dispatch  was  addressed  by  Mr.  Cal- 
houu,  Mr.  Tyler's  secretary  of  state,  to  the  American  Minister  at  Paris,  the 
Hon.  Wiliam  R.  King  : 

"  DEPARTMENT  OF  STATE,     ") 
WASHINGTON,  August  12,  1844. ) 

"  Sin — I  have  laid  your  dispatch,  No.  1,  before  the  president,  who  instructs 
me  to  make  known  to  you  that  he  has  read  it  with  much  pleasure,  especially 
the  portion  which  relates  to  your  cordial  reception  by  the  king,  and  his  as 
surance  of  friendly  feelings  toward  the  United  States.  The  president,  in  par 
ticular,  highly  appreciates  the  declaration  of  the  king,  that,  in  no  event,  would 
any  steps  be  taken  by  his  government  in  the  slightest  degree  hostile,  or  which 
would  give  to  the  United  States  just  cause  of  complaint.  It  was  the  more 
gratifying  from  the  fact,  that  our  previous  information  was  calculated  to  make 
the  impression  that  the  government  of  France  was  prepared  to  unite  with 
Great  Britain  in  a  joint  protest  against  the  annexation  of  Texas,  and  a  joint 
effort  to  induce  her  government  to  withdraw  the  proposition  to  annex,  on  con 
dition  that  Mexico  should  be  made  to  acknowledge  her  independence.  He  is 
happy  to  infer  from  your  dispatch  that  the  information,  so  far  as  it  relates  to 
France,  is,  in  all  probability,  without  foundation.  You  did  not  go  further  than 
you  ought,  in  assuring  the  king  that  the  object  of  annexation  would  be  pursued 
with  unabated  vigor,  and  in  giving  your  opinion  that  a  decided  majority  of  the 
American  people  were  in  its  favor,  and  that  it  would  certainly  be  annexed  at 
no  distant  day.  I  feel  confident  that  your  anticipation  will  be  fully  realized  at 
no  distant  period. 

"  Every  day  will  tend  to  weaken  that  combination  of  political  causes  which 
led  to  the  opposition  of  the  measure,  and  to  strengthen  the  conviction  that  it 
was  not  only  expedient,  but  just  and  necessary. 

"  You  were  right  in  making  the  distinction  between  the  interests  of  France 
and  England  in  reference  to  Texps — or  rather,  I  should  say,  the  apparent  in 
terests  of  the  two  countries.  France  cannot  possibly  have  any  other  than 
commercial  interests  in  desiring  to  see  her  preserve  her  separate  independence, 
while  it  is  certain  that  England  looks  beyond,  to  political  interests,  to  which 
she  apparently  attaches  much  importance.  But,  in  our  opinion,  the  interest  of 
both  against  the  measure  is  more  apparent  than  real ;  and  that  neither  France, 
England,  nor  even  Mexico  herself,  has  any  in  opposition  to  it,  when  the  sub 
ject  is  fairly  viewed  and  considered  in  its  whole  extent,  and  in  all  its  bearings. 
Thus  viewed  and  considered,  and  assuming  that  peace,  the  extension  of  com 
merce,  and  security,  are  objects  of  primary  policy  with  them,  it  may,  as  it 
seems  to  me,  be  readily  shown  that  the  policy  on  the  part  of  those  powers 
which  would  acquiesce  in  a  measure  so  strongly  desired  by  both  the  United 
States  and  Texas,  for  their  mutual  welfare  and  safety,  as  the  annexation  of 
the  latter  to  the  former,  would  be  far  more  promotive  of  these  great  object* 
than  that  which  would  attempt  to  resist  it. 


ON  ANNEXATION  OF  TEXAS.  543 

"  It  is  impossible  to  cast  a  look  at  the  map  of  the  United  States  and  Texas, 
and  to  note  the  long,  artificial  and  inconvenient  line  which  divides  them,  and 
to  take  into  consideration  the  extraordinary  increase  of  population  and  growth 
of  the  former,  and  the  source  from  which  the  latter  must  derive  its  inhabitants, 
institutions,  and  laws,  without  coming  to  the  conclusion  that  it  is  their  destiny 
to  be  united,  and  of  course,  that  annexation  is  merely  a  question  of  time  and 
mode.  Thus  regarded,  the  question  to  be  decided  would  seem  to  be,  whether 
it  would  not  be  better  to  permit  it  to  be  done  now,  with  the  mutual  consent  of 
both  parties,  and  the  acquiescence  of  these  powers,  than  to  attempt  to  resig* 
and  defeat  it. 

"  If  the  former  course  be  adopted,  the  certain  fruits  would  be  the  preserva 
tion  of  peace,  great  extension  of  commerce  by  the  rapid  settlement  and  im 
provement  of  Texas,  and  increased  security,  especially  to  Mexico.  The  last, 
in  reference  to  Mexico,  may  be  doubted ;  but  I  hold  it  not  less  clear  than  the 
other  two. 

"  It  would  be  a  great  mistake  to  suppose  that  this  government  has  any  hos 
tile  feelings  toward  Mexico,  or  any  disppsition  to  aggrandize  itself  at  her  ex 
pense.  The  fact  is  the  very  reverse. 

"  It  wishes  her  well,  and  desires  to  see  her  settled  down  in  peace  and  secu 
rity  ;  and  is  prepared,  in  the  event  of  the  annexation  of  Texas,  if  not  forced 
into  conflict  with  her,  to  propose  to  settle  with  her  the  question  of  boundary, 
and  all  others  growing  out  of  the  annexation,  on  the  most  liberal  terms.  Na 
ture  herself  has  clearly  marked  the  boundary  between  her  and  Texas  by  natural 
limits,  too  strong  to  be  mistaken.  There  are  few  countries  whose  limits  are  so 
distinctly  marked ;  and  it  would  be  our  desire,  if  Texas  should  be  united  to  ua, 
uO  see  them  firmly  established,  as  the  most  certain  means  of  establishing  per 
manent  peace  between  the  two  countries,  and  strengthening  and  cementing 
their  friendship.  Such  would  be  the  certain  consequence  of  permitting  the 
annexation  to  take  place  now,  with  the  acquiescence  of  Mexico ;  but  very  dif 
ferent  would  be  the  case  if  it  should  be  attempted  to  resist  and  defeat  it, 
whether  the  attempt  should  be  successful  for  the  present  or  not.  Any  attempt 
of  the  kind  would  not  improbably  lead  to  a  conflict  between  us  and  Mexico, 
and  involve  consequences,  in  reference  to  her  and  the  general  peace,  long  to  be 
deplored  on  both  sides,  and  difficult  to  be  repaired.  But,  should  that  not  be 
the  case,  and  the  interference  of  another  power  defeat  the  annexation  for  the 
present,  without  the  interruption  of  peace,  it  would  but  postpone  the  conflict, 
and  render  it  more  fierce  and  bloody  when  it  might  occur. 

"  Its  defeat  would  be  attributed  to  enmity  and  ambition  on  the  part  of  that 
power  by  whose  interference  it  was  occasioned,  and  excite  deep  jealousy  and 
resentment  on  the  part  of  our  people,  who  would  be  ready  to  seize  the  first  fa 
vorable  opportunity  to  effect  by  force  what  was  prevented  from  being  done 
peaceably  by  mutual  consent.  It  is  not  difficult  to  see  how  greatly  such  a  con 
flict,  come  when  it  might,  would  endanger  the  general  peace,  and  how  much 
Mexico  might  be  the  loser  by  it. 

"  In  the  mean  time,  the  condition  of  Texas  would  be  rendered  uncertain,  her 


544  MB.  CALHOUN'S  LETTER. 

settlement  and  prosperity  in  consequence  retarded,  and  her  commerce  crippled ; 
while  the  general  peace  would  be  rendered  much  more  insecure.  It  could  not 
but  greatly  affect  us.  If  the  annexation  of  Texas  should  be  permitted  to  take 
place  peaceably  now,  (as  it  would  without  the  interference  of  other  powers,) 
the  energies  of  our  people  would,  for  a  long  time  to  come,  be  directed  to  the 
peaceable  pursuits  of  redeeming  and  bringing  within  the  pale  of  cultivation, 
improvement,  and  civilization,  that  large  portion  of  the  continent  lying  be 
tween  Mexico  on  one  side  and  the  British  possessions  on  the  other,  which  is 
now,  with  little  exception,  a  wilderness,  with  a  sparse  population,  consisting, 
for  the  most  part,  of  wandering  Indian  tribes. 

"  It  is  our  destiny  to  occupy  that  vast  region ;  to  intersect  it  with  roads  and 
canals ;  to  fill  it  with  cities,  towns,  villages,  and  farms ;  to  extend  over  it  our 
religion,  customs,  constitution,  and  laws,  and  to  present  it  as  a  peaceful  and 
splendid  addition  to  the  domains  of  commerce  and  civilization.  It  is  our  pol 
icy  to  increase  by  growing  and  spreading  out  into  unoccupied  regions,  assimi 
lating  all  we  incorporate  :  in  a  word,  to  increase  by  accretion,  and  not  through 
conquest,  by  the  addition  of  masses  held  together  by  the  adhesion  of  force. 

"  No  system  can  be  more  unsuited  to  the  latter  process,  or  better  adapted  to 
the  former,  than  our  admirable  federal  system.  If  it  should  not  be  resisted  in 
its  course,  it  will  probably  fulfill  its  destiny  without  disturbing  our  neighbors, 
or  putting  in  jeopardy  the  general  peace ;  but  if  it  be  opposed  by  foreign  in 
terference,  a  new  direction  would  be  given  to  our  energy,  much  less  favorable 
to  harmony  with  our  neighbors,  and  to  the  general  peace  of  the  world. 

"  The  change  would  be  undesirable  to  us,  and  much  less  in  accordance  with 
what  I  have  assumed  to  be  primary  objects  of  policy  on  the  part  of  France, 
England,  and  Mexico. 

"  But,  to  descend  to  particulars :  it  is  certain  that  while  England,  like 
France,  desires  the  independence  of  Texas,  with  the  view  to  commercial  con 
nections,  it  is  not  less  so  that  one  of  the  leading  motives  of  England  for  desir 
ing  it  is  the  hope  that,  through  her  diplomacy  and  influence,  negro  slavery 
may  be  abolished  there,  and  ultimately,  by  consequence,  in  the  United  States 
and  throughout  the  whole  of  this  continent.  That  its  ultimate  abolition 
throughout  the  entire  continent  is  an  object  ardently  desired  by  her,  we  have 
decisive  proofs  in  the  declaration  of  the  Earl  of  Aberdeen,  delivered  to  this 
department,  and  of  which  you  will  find  a  copy  among  the  documents  transmit 
ted  to  congress  with  the  Texan  treaty.  That  she  desires  its  abolition  in  Texas, 
and  has  used  her  influence  and  diplomacy  to  effect  it  there,  the  same  document, 
with  the  correspondence  of  this  department  with  Mr.  Packenham,  also  to  be 
found  among  the  documents,  furnishes  proof  not  less  conclusive.  That  one  of 
the  objects  of  abolishing  it  there  is  to  facilitate  its  abolition  in  the  United 
States,  and  throughout  the  continent,  is  manifest  from  the  declaration  of  the 
abolition  party  and  societies  both  in  this  country  and  in  England.  In  fact, 
there  is  good  reason  to  believe  that  the  scheme  of  abolishing  it  in  Texas,  with 
a  view  to  its  abolition  in  the  United  States,  and  over  the  continent,  originated 
with  the  prominent  members  of  the  party  in  the  United  States ;  and  was  first 


EFFECTS  OF  BRITISH  EMANCIPATION.  545 

broached  by  them  in  the  (so  called)  world's  convention,  held  in  London  in  the 
year  1840,  and  through  its  agency  brought  to  the  notice  of  the  British  gov 
ernment. 

"  Now,  I  hold,  not  only  that  France  can  have  no  interest  in  the  consumma 
tion  of  this  grand  scheme,  which  England  hopes  to  accomplish  through  Texas, 
if  she  can  defeat  the  annexation,  but  that  her  interests,  and  those  of  all  the 
continental  powers  of  Europe,  are  directly  and  deeply  opposed  to  it. 

"  It  is  too  late  in  the  day  to  contend  that  humanity  or  philanthropy  is  the 
great  object  of  the  policy  of  England  in  attempting  to  abolish  African  slavery 
on  this  continent.  I  do  not  question  but  humanity  may  have  had  a  consider 
able  influence  in  abolishing  slavery  in  her  West  India  possessions,  aided,  in 
deed,  by  the  fallacious  calculation  that  the  labor  of  the  negroes  would  be  at 
least  as  profitable,  if  not  more  so,  in  consequence  of  the  measure.  She  acted 
on  the  principle  that  tropical  products  can  be  produced  cheaper  by  free  African 
labor  and  East  India  labor,  than  by  slave  labor.  She  knew  full  well  the  value 
of  such  products  to  her  commerce,  navigation,  navy,  manufactures,  revenue, 
and  power.  She  was  not  ignorant  that  the  support  and  maintenance  of  her 
political  preponderance  depended  on  her  tropical  possessions,  and  had  no  in 
tention  of  diminishing  their  productiveness,  nor  any  anticipation  that  such 
would  be  the  effect,  when  the  scheme  of  abolishing  slavery  in  her  colonial  pos 
sessions  was  adopted.  On  the  contrary,  she  calculated  to  combine  philan 
thropy  with  profit  and  power,  as  is  not  unusual  with  fanaticism.  Experience 
has  convinced  her  of  the  fallacy  of  her  calculations.  She  has  failed  in  all  her 
objects.  The  labor  of  her  negroes  has  proved  far  less  productive,  without  af 
fording  the  consolation  of  having  improved  their  condition. 

"  The  experiment  has  turned  out  to  be  a  costly  one.  She  expended  nearly 
one  hundred  million  of  dollars  in  indemnifyiug  the  owners  of  the  emancipated 
slaves.  It  is  estimated  that  the  increased  price  paid  since,  by  the  people  of 
Great  Britain,  for  sugar  and  other  tropical  productions,  in  consequence  of  the 
measure,  is  equal  to  half  that  sum  ;  and  that  twice  that  amount  has  been  ex 
pended  in  the  suppression  of  the  slave-trade ;  making  together  two  hundred 
and  fifty  millions  of  dollars  as  the  cost  of  the  experiment.  Instead  of  real 
izing  her  hope,  the  result  has  been  a  sad  disappointment.  Her  tropical  pro 
ducts  have  fallen  off  to  a  vast  amount.  Instead  of  supplying  her  own  wants, 
and  those  of  nearly  all  Europe  with  them,  as  formerly,  she  has  now,  in  some 
of  the  most  important  articles,  scarcely  enough  to  supply  her  own.  What  is 
worse,  her  own  colonies  are  actually  consuming  sugar  produced  by  slave-labor, 
brought  direct  to  England,  or  refined  in  bond,  and  exported  and  sold  in  her 
colonies  as  cheap,  or  cheaper,  than  can  be  produced  there ;  while  the  slave- 
trade,  instead  of  diminishing,  has  been  in  fact  carried  on  to  a  greater  extent 
than  ever.  So  disastrous  has  been  the  result,  that  her  fixed  capital  invested  in 
tropical  possessions,  estimated  at  the  value  qf  nearly  five  hundred  millions  of 
dollars,  is  said  to  stand  on  the  brink  of  ruin. 

"  But  this  is  not  the  worst ;  while  this  costly  scheme  has  had  such  ruinous 
effects  on  the  tropical  productions  of  Great  Britain,  it  has  given  a  powerful 


546  MR.  CALHOUN'S  LETTER. 

stimulus,  followed  by  a  corresponding  increase  of  products,  to  those  countries 
which  had  had  the  good  sense  to  shun  her  example.  There  has  been  vested, 
it  has  been  estimated  by  them,  in  the  production  of  tropical  products,  since 
1808,  in  fixed  capital,  nearly  $4,000,000,000,  wholly  dependent  on  slave-labor. 
In  the  same  period,  the  value  of  their  products  has  been  estimated  to  have  risen 
from  about  $72,000,000,  annually,  to  nearly  220,000,000  ;  while  the  whole  of  the 
fixed  capital  of  Great  Britain,  vested  in  cultivating  tropical  products,  both  in 
the  East  and  West  Indies,  is  estimated  at  only  about  $830,000,000,  and  the 
ralue  of  the  products  annually  at  about  $50,000,000.  To  present  a  still  more 
striking  view  of  three  articles  of  tropical  products  (sugar,  coffee,  and  cotton), 
the  British  possessions,  including  the  East  and  West  Indies,  and  Mauritius, 
produced  in  1842,  of  sugar,  only  3,995,171  pounds;  while  Cuba,  Brazil,  and 
the  United  States,  excluding  other  countries  having  tropical  possessions,  pro 
duced  9,600,000  pounds;  of  coffee,  the  British  possessions  produced  only 
27,393,003  pounds,  while  Cuba  and  Brazil  produced  201,590,125  pounds;  and 
of  cotton,  the  British  possessions,  including  shipments  to  China,  only  137,443,- 
446  pounds,  while  the  United  States  alone  produced  790,479,275  pounds. 

"  The  above  facts  and  estimates  have  all  been  drawn  from  a  British  periodi 
cal  of  high  standing  and  authority,*  and  are  believed  to  be  entitled  to  credit. 

"  The  vast  increase  of  the  capital  and  production  on  the  part  of  those  na 
tions  who  have  continued  their  former  policy  toward  the  negro  race,  compared 
with  that  of  Great  Britain,  indicates  a  corresponding  relative  increase  of  the 
means  of  commerce,  navigation,  manufactures,  wealth,  and  power.  It  is  no 
longer  a  question  of  doubt,  that  the  great  source  of  wealth,  prosperity,  and 
power  of  more  civilized  nations  of  the  temperate  zone  (especially  Europe, 
where  the  arts  have  made  the  greatest  advance),  depends,  in  a  great  degree, 
on  the  exchange  of  their  products  with  those  of  the  tropical  regions.  So  great 
has  been  the  advance  made  in  the  arts,  both  chemical  and  mechanical,  within 
the  few  last  generations,  that  all  the  old  civilized  nations  can,  with  but  a  small 
part  of  their  labor  and  capital,  supply  their  respective  wants ;  which  tends  to 
limit  within  narrow  bounds,  the  amount  of  the  commerce  between  them,  and 
forces  them  all  to  seek  for  markets  in  the  tropical  regions,  and  the  more  newly 
settled  portions  of  the  globe.  Those  who  can  best  succeed  in  commanding 
those  markets,  have  the  best  prospect  of  outstripping  the  others  hi  the  career 
of  commerce,  navigation,  manufactures,  wealth,  and  power. 

This  is  seen  and  felt  by  British  statesmen,  and  has  opened  their  eyes  to  the 
errors  which  they  have  committed.  The  question  now  with  them  is,  how  shall 
it  be  counteracted  ?  What  has  been  done  cannot  be  undone.  The  question 
is,  by  what  means  can  Great  Britain  regain  and  keep  a  superiority  in  tropical 
cultivation,  commerce,  and  influence  ?  Or,  shall  that  be  abandoned,  and  other 
nations  be  suffered  to  acquire  the  supremacy,  even  to  the  extent  of  supplying 
British  markets,  to  the  destruction  of  the  capital  already  vested  in  their  pro- 

*Blackwood's  Magazine  for  June,  1841. 


EFFECTS  OF  EMANCIPATION  IN  AMERICA.  547 

duction  ?     These  are  the  questions  which  now  profoundly  occupy  the  attention 
of  her  statesmen,  and  have  the  greatest  influence  over  her  councils. 

"  In  order  to  regain  her  superiority,  she  not  only  seeks  to  revive  and  increase 
her  own  capacity  to  produce  tropical  productions,  but  to  diminish  and  destroy 
the  capacity  of  those  who  have  so  far  outstripped  her  in  consequence  of  her 
error.  In  pursuit  of  the  former,  she  has  cast  her  eyes  to  her  East  India  pos 
sessions — to  Central  and  Eastern  Africa — with  the  view  of  establishing  colonies 
there,  and  even  to  restore,  substantially,  the  slave-trade  itself,  under  the  specious 
name  of  transporting  her  free  laborers  from  Africa  to  her  West  India  posses 
sions,  in  order,  if  possible,  to  compete  successfully  with  those  who  have  refused 
to  follow  her  suicidal  policy.  But  these  all  afford  but  uncertain  and  distant 
hopes  of  recovering  her  lost  superiority.  Her  main  reliance  is  on  the  other 
alternative — to  cripple  or  destroy  the  productions  of  her  successful  rivals. 
There  is  but  one  way  by  which  it  can  be  done,  and  that  is  by  abolishing  African 
slavery  throughout  this  continent;  and  that  she  openly  avows  to  be  the  con 
stant  object  of  her  policy  and  exertions.  It  matters  not  how,  or  from  what 
motive,  it  may  be  done — whether  it  be  by  diplomacy,  influence,  or  force ;  by 
secret  or  open  means ;  and  whether  the  motive  be  humane  or  selfish,  without 
regard  to  manner,  means,  or  motive.  The  thing  itself,  should  it  be  accomplished, 
would  put  down  all  rivalry,  and  give  her  the  undisputed  supremacy  in  supply 
ing  her  own  wants,  and  those  of  the  rest  of  the  world ;  and  thereby  more  than 
fully  retrieve  what  she  lost  by  her  errors.  It  would  give  her  the  monopoly  of 
tropical  productions,  which  I  shall  next  proceed  to  show. 

"  What  would  be  the  consequence  if  this  object  of  her  unceasing  solicitude 
and  exertions  should  be  effected  by  the  abolition  of  negro  slavery  throughout 
this  continent,  some  idea  may  be  formed  from  the  immense  diminution  of  pro 
ductions,  as  has  been  shown,  which  has  followed  abolition  in  her  West  India 
possessions.  But,  as  great  as  that  has  been,  it  is  nothing  compared  with  what 
would  be  the  effect,  if  she  should  succeed  in  abolishing  slavery  in  the  United 
States,  Cuba,  and  Brazil,  and  throughout  this  continent.  The  experiment  in 
her  own  colonies  was  made  under  the  most  favorable  circumstances.  It  was 
brought  about  gradually  and  peaceably  by  the  steady  and  firm  operation  of  the 
parent  country,  armed  with  complete  power  to  prevent  or  crush  at  once  all  in 
surrectionary  movements  on  the  part  of  the  negroes,  and  able  and  disposed  to 
maintain  to  the  full,  the  political  and  social  ascendency  of  the  former  masters 
over  their  former  slaves.  It  is  not  at  all  wonderful  that  the  change  of  the 
relation  of  master  and  slave  took  place,  under  such  circumstances,  without  vio 
lence  and  bloodshed,  and  that  order  and  peace  should  have  been  since  preserved. 
Very  different  would  be  the  result  of  abolition  should  it  be  effected  by  her  in 
fluence  and  exertions  in  the  possessions  of  other  countries  on  this  continent — 
and  especially  in  the  United  States,  Cuba,  and  Brazil,  the  great  cultivators  of 
the  principal  tropical  products  of  America.  To  form  a  correct  conception  of 
what  would  be  the  result  with  them,  we  must  look,  not  to  Jamaica,  but  to  St. 
Domingo,  for  example.  The  change  would  be  followed  by  unforgiving  hate 
between  the  two  races,  and  end  in  a  bloody  and  deadly  struggle  between  them 


548  MR.  CALHOUN'S  LETTER. 

for  the  superiority.  One  or  the  other  would  have  to  be  subjugated,  extirpated, 
or  expelled  ;  and  desolation  would  overspread  their  territories,  as  in  St.  Do 
mingo,  from  which  it  would  take  centuries  to  recover.  The  end  would  be,  that 
the  superiority  in  cultivating  the  great  tropical  staples  would  be  transferred 
from  them  to  the  British  tropical  possessions. 

"  They  are  of  vast  extent,  and  those  beyond  the  Cape  of  Good  Hope,  pos 
sessed  of  an  unlimited  amount  of  labor,  standing  ready,  by  the  aid  of  British 
capital,  to  supply  the  deficit  which  would  be  occasioned  by  destroying  the  tro 
pical  productions  of  the  United  States,  Cuba,  Brazil,  and  other  countries  culti 
vated  by  slave-labor  on  this  continent,  as  soon  as  the  increased  prices,  in 
consequence,  would  yield  a  profit.  It  is  the  successful  competition  of  that 
labor  which  keeps  the  prices  of  the  great  tropical  staples  so  low  as  to  prevent 
their  cultivation  with  profit  in  the  possessions  of  Great  Britain,  by  what  she  is 
pleased  to  call  free-labor. 

"  If  she  can  destroy  its  competition,  she  would  have  a  monopoly  of  these 
productions.  She  has  all  the  means  of  furnishing  an  unlimited  supply — vast 
and  fertile  possessions  in  both  Indies,  boundless  command  of  capital  and  labor, 
and  ample  power  to  suppress  disturbances  and  preserve  order  throughout  her 
wide  domain. 

"  It  is  unquestionable  that  she  regards  the  abolition  of  slavery  in  Texas  as 
a  most  important  step  toward  this  great  object  of  policy,  so  much  the  aim  of 
her  solicitude  and  exertions ;  and  the  defeat  of  the  annexation  of  Texas  to 
our  Union  as  indispensable  to  the  abolition  of  slavery  there.  She  is  too  saga 
cious  not  to  see  what  a  fatal  blow  it  would  give  to  slavery  in  the  United  States, 
and  how  certainly  its  abolition  with  us  will  abolish  it  over  the  whole  continent, 
and  thereby  give  her  a  monopoly  in  the  productions  of  the  great  tropical  staples, 
and  the  command  of  the  commerce,  navigation,  and  manufactures  of  the  world, 
with  an  established  naval  ascendency  and  political  preponderance.  To  this 
continent,  the  blow  would  be  calamitous  beyond  description.  It  would  destroy, 
in  a  great  measure,  the  cultivation  and  productions  of  the  great  tropical  staples, 
amounting  annually  in  value  to  nearly  $300,000,000,  the  fund  which  stimulates 
and  upholds  almost  every  other  branch  of  its  industry,  commerce,  navigation, 
and  manufactures.  The  whole,  by  their  joint  influence,  are  rapidly  spreading 
population,  wealth,  improvement  and  civilization  over  the  whole  continent,  and 
vivifying,  by  their  overflow,  the  industry  of  Europe,  thereby  increasing  its 
population,  wealth,  and  advancement  in  the  arts,  in  power,  and  in  civilization. 

"Such  must  be  the  result,  should  Great  Britain  succeed  in  accomplishing  the 
constant  object  of  her  desire  and  exertions — the  abolition  of  negro  slavery  over 
this  continent — and  toward  the  effecting  of  which  she  regards  the  defeat  of  the 
annexation  of  Texas  to  our  Union  so  important. 

"  Can  it  be  possible  that  governments  so  enlightened  and  sagacious  as  those 
of  France  and  the  other  great  continental  powers,  can  be  so  blinded  by  the 
plea  of  philanthropy  as  not  to  see  what  must  inevitably  follow,  be  her  motive 
what  it  may,  should  she  succeed  in  her  object  ?  It  is  little  short  of  mockery  to 
talk  of  philanthropy,  with  the  example  before  us  of  the  effects  of  abolishing 


EFFECTS  OF  EMANCIPATION  IN  AMERICA.  549 

negro  slavery  in  her  own  colonies,  in  St.  Domingo,  and  in  the  northern  states 
of  our  Union,  where  statistical  facts,  not  to  be  shaken,  prove  that  the  free 
negro,  after  the  experience  of  sixty  years,  is  in  a  far  worse  condition  than  in  the 
other  states,  where  he  has  been  left  in  his  former  condition.  No :  the  effect  of 
what  is  called  abolition,  where  the  number  is  few,  is  not  to  raise  the  inferior 
race  to  the  condition  of  freemen,  but  to  deprive  the  negro  of  the  guardian  care 
of  his  owner,  subject  to  all  the  depression  and  oppression  belonging  to  his  in 
ferior  condition.  But,  on  the  other  hand,  where  the  number  is  great,  and  bears 
a  large  proportion  to  the  whole  population,  it  would  be  still  worse.  It  would 
be  to  substitute  for  the  existing  relation  a  deadly  strife  between  the  two  races, 
to  end  in  the  subjection,  expulsion,  or  extirpation  of  one  or  the  other ;  and 
such  would  be  the  case  over  the  greater  part  of  this  continent  where  negro 
slavery  exists.  It  would  not  end  there ;  but  would,  in  all  probability,  extend, 
by  its  example,  the  war  of  races  over  all  South  America,  including  Mexico, 
and  extending  to  the  Indian  as  well  as  the  African  race,  and  make  the  whole 
one  scene  of  blood  and  devastation. 

"  Dismissing,  then,  the  stale  and  unfounded  plea  of  philanthropy,  can  it  be 
that  France  and  the  other  great  continental  powers — seeing  what  must  be  the 
result  of  the  policy,  for  the  accomplishment  of  which  England  is  constantly 
exerting  herself,  and  that  the  defeat  of  the  annexation  of  Texas  is  so  important 
towards  its  consummation — are  prepared  to  back  or  countenance  her  in  her 
efforts  to  produce  either  ?  What  possible  motives  can  they  have  to  favor  her 
cherished  policy  ?  Is  it  not  better  for  them  that  they  should  be  supplied  with 
tropical  products  in  exchange  for  their  labor  from  the  United  States,  Brazil, 
Cuba,  and  this  continent  generally,  than  to  be  dependent  on  one  great  monopo 
lizing  power  for  their  supply  ?  Is  it  not  better  that  they  should  receive  them 
at  the  low  prices  which  competition,  cheaper  means  of  production,  and  near 
ness  of  market,  would  furnish  them  by  the  former,  than  to  give  the  high  prices 
which  monopoly,  dear  labor,  and  great  distance  from  market  would  impose  ? 
Is  it  not  better  that  their  labor  should  be  exchanged  with  a  new  continent, 
rapidly  increasing  in  population  and  capacity  for  consuming,  and  which  would 
furnish,  in  the  course  of  a  few  generations,  a  market  nearer  to  them,  and  al 
most  of  unlimited  extent,  for  the  products  of  their  industry  and  arts,  than 
with  old  and  distant  regions,  whose  population  has  long  since  reached  its 
growth  ? 

"  The  above  contains  those  enlarged  views  of  policy  which,  it  seems  to  me, 
an  enlightened  European  statesman  ought  to  take,  in  making  up  his  opinion 
on  the  subject  of  the  annexation  of  Texas,  and  the  grounds,  as  it  may  be  infer 
red,  on  which  England  vainly  opposes  it.  They  certainly  involve  considera 
tions  of  the  deepest  importance,  and  demanding  the  greatest  attention.  Viewed 
in  connection  with  them,  the  question  of  annexation  becomes  one  of  the  first 
magnitude,  not  only  to  Texas  and  the  United  States,  but  to  this  continent  and 
Europe.  They  are  presented  that  you  may  use  them  on  all  suitable  occasions 
where  you  think  they  may  be  with  effect,  in  your  correspondence,  where  it  can 
be  done  with  propriety,  or  otherwise.  The  president  relies  with  confidence  on 


550  ANNEXATION  OF  TEXAS. 

your  sagacity,  prudence,  and  zeal.  Your  mission  is  one  of  the  first  magnitude 
at  all  times,  but  especially  now ;  and  he  feels  assured  that  nothing  will  be  left 
undone  on  your  part  to  do  justice  to  the  country  and  the  government  in  refer 
ence  to  this  measure. 

"  I  have  said  nothing  as  to  our  right  of  treaty  with  Texas,  without  con 
sulting  Mexico.  You  so  fully  understand  the  grounds  on  which  we  rest  our 
right,  and  are  so  familiar  with  all  the  facts  necessary  to  maintain  them,  that  it 
was  thought  unnecessary  to  add  anything  in  reference  to  it. 

"  I  am,  sir,  very  respectfully,  your  obedient  servant, 
"WILLIAM  R.  KING,  Esq.,  &c.,  &c.  J.  C.  CALHOUN." 

•.*&        w  y&  * 

The  presidential  contest  of  1844  resulted  in  the  election  of  Jas.  K.  Polk. 
The  second  session  of  the  28th  congress  commenced  Dec.  2d,  to  terminate  with 
the  close  of  Mr.  Tyler's  presidential  term.  On  the  19th  of  December,  Mr. 
John  B.  Weller,  of  Ohio,  introduced  a  joint  resolution  providing  for  the  an 
nexation  of  Texas  to  the  United  States,  which  he  moved  to  the  committee  of 
the  whole.  Mr.  Hamlin,  of  Ohio,  moved  its  reference  to  a  committee  of  one 
from  each  state,  with  instructions  to  report  to  the  house, 

"1st.  Whether  congress  has  any  constitutional  power  to  annex  a  foreign,  independent 
nation  to  this  government ;  and  if  so,  by  what  article  and  section  of  the  constitution  it 
is  conferred  ;  whether  it  is  among  the  powers  expressly  granted,  or  among  those  which 
are  implied ;  whether  it  is  necessary  to  carry  into  effect  any  expressly-granted  power  ; 
and  if  so,  which  one. 

"2d.  Whether  annexation  of  Texas  would  not  extend  and  perpetuate  slavery  in  the 
slave  states,  and  also  the  internal  slave-trade ;  and  whether  the  United  States  govern 
ment  has  any  constitutional  power  over  slavery  in  the  states,  either  to  perpetuate  it 
there,  or  to  do  it  away. 

"3d.  Whether  the  United  States,  having  acknowledged  the  independence  of  Texas, 
Mexico  is  thereby  deprived  of  her  right  to  reconquer  that  province. 

"4th.  That  they  report  whether  Texas  is  owing  any  debts  or  not ;  and  if  she  is,  what 
is  the  amount,  and  to  whom  payable ;  and  whether,  if  she  should  be  annexed  to  the 
United  States,  the  United  States  government  would  be  bound  to  pay  them  all. 

"5th.  That  they  report  what  treaties  are  in  existence  between  Texas  and  foreign  gov 
ernments  ;  and,  if  she  should  be  annexed  to  the  United  States,  whether  the  United  States 
government  would  be  bound,  by  the  law  of  nations,  to  fulfill  those  treaties." 

The  question  was  first  taken  on  Mr.  Weller's  motion,  and  carried.  Yeas, 
109,  democrats ;  nays,  61,  whigs  ;  whereupon  it  was  held  that  Hamlin's  amend 
ment  was  defeated,  and  the  original  proposition  alone  committed. 

On  the  10th  of  January,  1845,  John  P.  Hale,  of  New  Hampshire,  proposed 
the  following  as  an  amendment  to  any  act  or  resolve  contemplating  the  annex 
ation  of  Texas  to  the  Union  : 

"  Provided,  that  immediately  after  the  question  of  boundary  between  the  United 
States  of  America  and  Mexico  shall  have  been  definitively  settled  by  the  two  govern 
ments,  and  before  any  state  formed  out  of  the  territory  of  Texas  shall  be  admitted  into 
the  Union,  the  said  territory  of  Texas  shall  be  divided  as  follows,  to  wit :  beginning  at 
a  point  on  the  Gulf  of  Mexico,  midway  between  the  northern  and  southern  boundaries 
tTipreof  on  the  coast ;  and  thence  by  a  line  running  in  a  northwesterly  direction  to  the 


HOUSE  RESOLUTION.  551 

extreme  boundary  thereof,  so  as  to  divide  the  same  as  nearly  as  possible  into  two  equal 
parts  ;  and  in  that  portion  of  said  territory  lying  south  and  west  of  the  line  to  be  run  as 
aforesaid,  there  shall  be  neither  slavery  nor  involuntary  servitude,  otherwise  than  in  the 
punishment  of  crimes,  whereof  the  party  shall  have  been  duly  convicted. 

"  And  provided  further,  that  this  provision  shall  be  considered  as  a  compact  between 
the  people  of  the  United  States  and  the  people  of  the  said  territory,  and  forever  remain 
unalterable,  unless  by  the  consent  of  three-fourths  of  the  states  of  the  Union." 

Mr.  Hale  asked  for  a  suspension  of  the  rules  to  enable  him  to  offer  it  now, 
and  have  it  printed  and  committed.  Refused  by  a  vote  of  yeas  92,  not  two- 
thirds;  nays,  81.  All  the  whigs  and  most  of  the  democrats  from  the  free 
states  voted  aye ;  all  the  members  from  slave  states  except  three,  and  17  dem 
ocrats  from  free  states,  voted  nay.  On  the  12th  of  January,  Mr.  Ingersoll,  of 
Pa.,  from  the  committee  on  foreign  affairs,  reported  a  joint  resolution  for  the 
annexation  of  Texas,  which  was  discussed  in  committee  of  the  whole,  and  on 
the  25th  reported  to  the  house  in  the  following  form  ;  that  portion  relating  to 
slavery  having  been  added  in  committee,  on  motion  of  Milton  Brown,  of  Ten 
nessee  : 

' '  Resolved  by  the  senate  and  house  of  representatives  in  congress  assembled,  That 
congress  doth  consent  that  the  territory  properly  included  within,  and  rightfully  belong 
ing  to,  the  republic  of  Texas,  may  be  erected  into  a  new  state,  to  be  called  the  state  of 
Texas,  with  a  republican  form  of  government,  to  be  adopted  by  the  people  of  said  re 
public,  by  deputies  in  convention  assembled,  with  the  consent  of  the  existing  govern 
ment,  in  order  that  the  same  may  be  admitted  as  one  of  the  states  of  this  Union. 

"  2.  And  be  it  further  resolved,  That  the  foregoing  consent  of  congress  is  given  upon 
the  following  conditions  and  with  the  following  guaranties,  to  wit : 

"First.  Said  state  to  be  formed,  subject  to  the  adjustment  by  this  government  of  all 
questions  of  boundary  that  may  arise  with  other  governments  ;  and  the  constitution 
thereof,  with  the  proper  evidence  of  its  adoption  by  the  people  of  said  republic  of  Texas, 
shall  be  transmitted  to  the  President  of  the  United  States,  to  be  laid  befere  congress  for 
its  final  action,  on  or  before  the  1st  day  of  January,  1846. 

"Second.  Said  state,  when  admitted  into  the  Union,  after  ceding  to  the  United  States 
all  public  edifices,  fortifications,  barracks,  ports,  and  harbors,  navy  and  navy-yards, 
docks,  magazines,  arms,  armaments,  and  all  other  property  and  means  pertaining  to  the 
public  defense,  belonging  to  the  said  republic  of  Texas,  shall  retain  all  the  public  funds, 
debts,  taxes,  and  dues  of  every  kind  which  may  belong  to,  or  be  due  or  owing  said  re 
public  ;  and  shall  also  retain  all  the  vacant  and  unappropriated  lands  lying  within  its 
limits,  to  be  applied  to  the  payment  of  the  debts  and  liabilities  of  said  republic  of  Texas  ; 
and  the  residue  of  said  lands,  after  discharging  said  debts  and  liabilities,  to  be  disposed 
of  as  said  state  may  direct ;  but  in  no  event  are  said  debts  and  liabilities  to  become  a 
charge  upon  the  United  States. 

' '  Third.  New  states  of  convenient  size,  not  exceeding  four  in  number,  in  addition  to 
said  state  of  Texas,  and  having  sufficient  population,  may  hereafter,  by  the  consent  of 
said  state,  be  formed  out  of  the  territory  thereof,  which  shall  be  entitled  to  admission 
under  the  provisions  of  the  federal  constitution.  And  such  states  as  may  be  formed  out 
of  that  portion  of  said  territory  lying  south  of  thirty-six  degrees  thirty  minutes  north 
latitude,  commonly  known  as  the  Missouri  compromise  line,  shall  be  admitted  into  the 
Union,  with  or  without  slavery,  as  the  people  of  each  state  asking  admission  may  de 
sire  ;  and  in  such  state  or  states  as  shall  be  formed  out  of  said  territory  north  of  said 
Missouri  compromise  line,  slavery  or  involuntary  servitude  ("except  for  crime  J  shall  be 
prohibited." 


552  TEXAS  ANNEXED. 

Cave  Johnson,  of  Tenn.,  moved  the  previous  question,  which  the  house  sec 
onded — yeas,  113  ;  nays,  106 — and  then  the  amendment  was  agreed  to  ;  yeas, 
118;  nays,  101.  The  yeas  comprised  114  democrats  and  4  southern  whigs ; 
the  nays,  all  the  whigs  present  but  the  four  just  mentioned,  and  23  democrats 
from  free  states.  The  house  then  ordered  the  whole  proposition  to  a  third 
reading  forthwith  ;  and  passed  it  by  yeas  120  to  98  nays.  Sent  to  the  senate 
for  concurrence,  where,  on  the  24th  February,  it  was  taken  up  for  considera 
tion.  Mr.  Walker,  of  Wis.,  moved  to  add  an  alternative  proposition  contem 
plating  negotiation  as  the  means  of  effecting  the  meditated  end.  Several 
amendments  were  moved  and  rejected.  Walker's  was  carried  by  a  vote  of 
27  to  25.  The  resolution,  as  amended,  was  adopted  ;  yeas,  26,  all  democrats 
but  three  ;  nays,  25,  all  whigs.  The  senate  amendment  was  agreed  to  by  the 
house,  and  the  annexation  of  Texas  decreed.  The  resolutions  were  the  next 
day,  March  2,  approved  by  the  President.  Mr.  Tyler  seized  upon  the  last  mo 
ment  of  his  official  existence  to  exercise  the  power  conferred  by  the  resolu 
tions.  Almonte,  the  Mexican  minister,  protested  against  the  act,  and  asked 
for  his  passports. 

The  following  is  the  joint  resolution  for  the  annexation  of  Texas  : 

"  Resolved  by  the  senate  and  house  of  representatives  of  the  United  States 
in  congress  assembled,  That  congress  doth  consent  that  the  territory  properly 
included  within,  and  rightfully  belonging  to,  the  republic  of  Texas,  may  be 
erected  into  a  new  state,  to  be  called  the  state  of  Texas,  with  a  republican 
form  of  government,  to  be  adopted  by  the  people  of  said  republic,  by  deputies 
in  convention  assembled,  with  the  consent  of  the  existing  government,  in  order 
that  the  same  may  be  admitted  as  one  of  the  states  of  this  Union. 

"  SEC.  2.  And  be  it  further  rseolved,  That  the  foregoing  consent  of  con 
gress  is  given  upon  the  following  conditions,  and  with  the  following  guaran 
ties,  to  wit: 

"  First.  Said  state  to  be  formed,  subject  to  the  adjustment  by  this  govern 
ment  of  all  questions  of  boundary  that  may  arise  with  other  governments  ;  and 
the  constitution  thereof,  with  the  proper  evidence  of  its  adoption  by  the  peo 
ple  of  said  republic  of  Texas,  shall  be  transmitted  to  the  President  of  the 
United  States,  to  be  laid  before  congress  for  its  final  action,  on  or  before  the 
first  day  of  January,  one  thousand  eight  hundred  and  forty-six. 

"  Second.  Said  state,  when  admitted  into  the  Union,  after  ceding  to  the 
United  States  all  public  edifices,  fortifications,  barracks,  ports,  and  harbors, 
navy  and  navy-yards,  docks,  magazines,  arms,  armaments,  and  all  other  prop 
erty  and  means  pertaining  to  the  public  defense,  belonging  to  the  said  republic 
of  Texas,  shall  retain  all  the  public  funds,  debts,  taxes,  and  dues  of  every  kind 
which  may  belong  to,  or  be  due  or  owing  said  republic ;  and  shall  also  retain 
all  the  vacant  or  unappropriated  lands  lying  within  its  limits,  to  be  applied  to 
the  payment  of  the  debts  and  liabilities  of  said  republic  of  Texas ;  and  the 
residue  of  said  lands,  after  discharging  said  debts  and  liabilities,  to  be  disposed 
of  as  said  state  may  direct ;  but  in  no  event  are  said  debts  and  liabilities  to  be 
come  a  charge  upon  the  United  States. 


WAR  WITH   MEXICO.  553 

"  Third,  New  states  of  convenient  size,  not  exceeding  four  in  number,  in  ad 
dition  to  the  said  state  of  Texas,  and  having  sufficient  population,  may  here 
after,  by  the  consent  of  said  state,  be  formed  out  of  the  territory  thereof,  which 
shall  be  entitled  to  admission  under  the  provisions  of  the  federal  constitution  ; 
and  such  states  as  may  be  formed  out  of  that  portion  of  said  territory  lying 
south  of  thirty-six  degrees  thirty  minutes  north  latitude,  commonly  known  as 
the  Missouri  compromise  line,  shall  be  admitted  into  the  Union  with  or  with 
out  slavery,  as  the  people  of  each  state  asking  admission  may  desire ;  and  in 
such  state  or  states  as  shall  be  formed  out  of  said  territory  north  of  said  Mis 
souri  compromise  line,  slavery  or  involuntary  servitude,  (except  for  crime,)  shall 
be  prohibited. 

"  And  be  it  further  resolved,  That  if  the  President  of  the  United  States 
shall,  in  his  judgment  and  discretion,  deem  it  most  advisable,  instead  of  pro 
ceeding  to  submit  the  foregoing  resolution  to  the  republic  of  Texas,  as  an 
overture  on  the  part  of  the  United  States,  for  admission,  to  negotiate  with 
that  republic ;  then, 

"  Be  it  resolved,  That  a  state  to  be  formed  out  of  the  present  republic  of 
Texas,  with  suitable  extent  and  boundaries,  and  with  two  representatives  in 
congress,  until  the  next  apportionment  of  representation,  shall  be  admitted  into 
the  Union  by  virtue  of  this  act,  on  an  equal  footing  with  the  existing  states, 
as  soon  as  the  terms  and  conditions  of  such  admission,  and  the  cession  of  the 
remaining  Texan  territory  to  the  United  States,  shall  be  agreed  upon  by  the 
governments  of  Texas  and  the  United  States. 

"  And  be  it  further  enacted,  That  the  sum  of  one  hundred  thousand  dol 
lars  be,  and  the  same  is  hereby  appropriated  to  defray  the  expenses  of  missions 
and  negotiations,  to  agree  upon  the  terms  of  said  admission  and  cession,  either 
by  treaty  to  be  submitted  to  the  senate,  or  by  articles  to  be  submitted  to  the 
two  houses  of  congress,  as  the  president  may  direct. 

"Approved  March  2,  1845." 

Texas  having  been  annexed  in  pursuance  of  the  foregoing  joint  resolution 
of  the  two  houses  of  congress,  a  portion  of  the  United  States  army,  under 
Gen.  Taylor,  was,  early  in  the  spring  of  1846,  moved  down  to  the  east  bank 
of  the  Rio  Grande  del  Norte,  claimed  by  Texas  as  her  western  boundary,  but 
not  so  regarded  by  Mexico.  A  hostile  collision  ensued,  resulting  in  war  be 
tween  the  United  States  and  Mexico. 

It  was  early  thereafter  deemed  advisable  that  a  considerable  sum  should  be 
placed  by  congress  at  the  president's  disposal,  to  negotiate  an  advantageous 
treaty  of  peace  and  limits  with  the  Mexican  government.  A  message  to  this 
effect  was  submitted  by  President  Polk  to  congress,  August  8th,  1846,  and  a 
bill  in  accordance  with  its  suggestions  laid  before  the  house,  which  proceeded 
to  consider  the  subject  in  committee  of  the  whole.  The  bill  appropriating 
$30,000  for  immediate  use  in  negotiations  with  Mexico,  and  placing  $2,000,000 
more  at  the  disposal  of  the  president,  to  be  employed  in  making  peace,  Mr. 
David  Wilmot,  of  Pa.,  after  consultation  with  other  northern  democrats,  of 
fered  the  following  proviso,  in  addition  to  the  first  section  of  the  bill : 
36 


554  WILMOT  PROVISO. 

"Provided,  that  an  express  and  fundamental  condition  to  the  acquisition  of  any  ter 
ritory  from  the  republic  of  Mexico  by  the  United  States,  by  virtue  of  any  treaty  which 
may  be  negotiated  between  them,  and  to  the  use  by  the  executive  of  the  moneys  herein 
appropriated,  neither  slavery  nor  involuntary  servitude  shall  ever  exist  in  any  part  of 
said  territory,  except  for  crime,  whereof  the  party  shall  first  be  duly  convicted." 

This  proviso  was  carried  in  committee  by  a  vote  of  84  to  63.  The  bill  was 
then  reported  to  the  house,  and  the  previous  question  moved  on  its  engross 
ment,  which  was  carried,  and  the  bill  sent  to  the  senate.  Mr.  Lewis,  senator 
from  Alabama,  moved  that  the  proviso  be  struck  out,  on  which  debate  arose, 
and  Mr.  John  Davis,  of  Mass.,  was  speaking,  when  twelve  o'clock,  August  10th, 
arrived,  the  time  fixed  for  adjournment,  and  both  houses  adjourned  without  day. 

The  30th  congress  assembled  Dec.  6,  1847.  On  the  28th  February,  Mr. 
Putnam,  of  New  York,  moved  the  following  resolution  : 

"  WHEREAS,  In  the  settlement  of  the  difficulties  pending  between  this  country  and 
Mexico,  territory  may  be  acquired  in  which  slavery  does  not  now  exist : 

"And whereas,  Congress,  in  the  organization  of  a  territorial  government,  at  an  early 
period  of  our  political  history,  established  a  principle  worthy  of  imitation  in  all  future 
time,  forbidding  the  existence  of  slavery  in  free  territory  ;  therefore, 

' '  Resolved,  That  in  any  territory  that  may  be  acquired  from  Mexico,  over  which  shall 
be  established  territorial  governments,  slavery  or  involuntary  servitude,  except  as  a  pun 
ishment  for  crime,  whereof  the  party  shall  have  been  duly  convicted,  shall  be  forever 
prohibited ;  and  that  in  any  act  or  resolution  establishing  such  governments,  a  funda 
mental  provision  ought  to  be  inserted  to  that  effect." 

• 

The  resolution  was  ordered  to  lie  on  the  table  by  a  vote  of  105  to  93.  This 
terminated  all  direct  action  on  the  Wilmot  proviso  for  that  session. 

A  bill  for  the  establishment  of  a  territorial  government  for  Oregon  was  re 
ported  in  the  senate  early  in  the  session,  and  the  question  of  slavery  furnished 
matter  for  a  protracted  debate.  The  power  of  congress  to  legislate  on  the 
subject  of  slavery  in  the  territories  was  discussed  in  the  senate  by  Mr.  Dix,  of 
New  York,  who  maintained  the  affirmative,  and  Mr.  Calhoun  the  negative. 

Mr.  Dix  stated  certain  positions  which  he  thought  constituted  a  proper  basis 
for  the  settlement  of  the  question ;  positions,  the  correctness  of  which  a  ma 
jority  of  the  friends  of  free  territory,  it  is  believed,  do  not  concede.  They  are 
these :  1.  All  external  interference  with  slavery  in  the  states  is  a  violation 
of  the  compromises  of  the  constitution,  and  dangerous  to  the  harmony  and 
perpetuity  of  the  federal  union.  2.  Territory  acquired  by  the  United  States 
should,  in  respect  to  slavery,  be  received  as  it  is  found.  If  slavery  exists  there 
in  at  the  time  of  the  acquisition,  it  should  be  left  to  remain  undisturbed  by 
congress.  If  it  does  not  exist  therein  at  the  time  of  the  acquisition,  its  intro 
duction  ought  to  be  prohibited  while  the  territory  continues  to  be  governed  as 
such.  3.  All  legislation  by  congress  in  respect  to  slavery  in  the  territory, 
ceases  to  be  operative  when  the  inhabitants  are  permitted  to  form  a  state  gov 
ernment  ;  and  the  admission  of  a  state  into  the  Union  carries  with  it,  by  force 
of  the  sovereignty  such  admission  confers,  the  right  to  dispose  of  the  whole 

question  of  slavery  at  its  discretion,  without  external  interference. 

• 


DIX  AND  CALHOUN.  555 

Mr.  Calhoun  denied  the  existence  of  the  power  of  congress  to  exclude  the 
south  from  a  free  admission  into  the  territories  with  its  slaves.  He  denied 
what  had  been  by  many  assumed,  that  congress  had  an  absolute  right  to  govern 
the  territories.  The  clause  of  the  constitution  which  gives  "  power  to  dispose 
of  and  make  all  needful  rules  and  regulations  respecting  the  territory  and  other 
property  belonging  to  the  United  States,"  did  not,  he  said,  convey  such  a  right: 
"it  conferred  no  governmental  power  whatever;  no,  not  a  particle."  It  only 
referred  to  territory  as  public  lands — as  property — and  gave  to  congress  the 
right  to  dispose  of  it  as  such,  but  not  to  exercise  over  it  the  power  of  govern 
ment.  Mr.  Calhoun  thought  the  best  method  of  settling  the  slavery  question 
was  by  non-action — by  leaving  the  territories  free  and  open  to  the  emigration 
of  all  the  world,  and  when  they  became  states,  to  permit  them  to  adopt  what 
ever  constitution  they  pleased. 

Mr.  Calhoun  considered  the  interference  on  the  subject  dangerous  to  the 
Union.  If  the  Union  and  our  system  of  government  were  ever  doomed  to 
perish,  the  historian  who  should  record  the  events  ending  in  so  calamitous  a 
result,  would  devote  his  first  chapter  to  the  ordinance  of  1787  ;  his  next  to 
the  Missouri  compromise ;  and  the  next  to  the  present  agitation.  Whether 
there  would  be  another  beyond^  he  knew  not.  He  reviewed  and  controverted 
the  doctrines  of  the  declaration  of  independence.  The  proposition  that  "all 
men  are  created  free  and  equal,"  he  called  a  "hypothetical  truism."  Liter 
ally,  there  was  not  a  word  of  truth  in  it.  This  assertion  he  supported  with  the 
singular  argument,  that  "  Men  are  not  born  free.  Infants  are  born.  They 
grow  to  be  men.  They  were  not  born  free.  While  infants,  they  are  incapable 
of  freedom ;  they  are  subject  to  their  parents."  Nor  was  it  less  false  that  they 
are  born  "equal."  But  in  the  declaration  of  independence  the  word  "free" 
did  not  occur.  Still  the  expression  was  erroneous.  "  All  men  are  not  created. 
Only  two,  a  man  and  a  woman,  were  created,  and  one  of  these  was  pronounced 
subordinate  to  the  other.  All  others  have  come  into  the  world  by  being  born, 
and  in  no  sense,  as  I  have  shown,  either  free  or  equal."  This  expression,  Mr. 
C.  said,  had  been  inserted  in  the  declaration  without  any  necessity.  It  made 
no  necessary  part  of  our  justification  in  separating  ourselves  from  the  parent 
country.  Nor  had  it  any  weight  in  constructing  the  governments  which  were 
to  be  substituted  in  the  place  of  the  colonial.  They  were  formed  from  the  old 
materials,  and  on  practical  and  well  established  principles,  borrowed,  for  the 
most  part,  from  our  own  experience,  and  that  of  the  country  from  which  we 
sprang. 

Mr.  Calhoun  argued,  that,  instead  of  liberty  and  equality  being  born  with 
men,  and  instead  of  all  men  and  all  classes  being  entitled  to  them,  they  were 
high  prizes  to  be  won ;  they  were  rewards  bestowed  on  mental  and  moral  de 
velopment.  The  error  which  he  was  combating  had  done  more  to  retard  the 
cause  of  liberty  and  civilization,  and  was  doing  more  at  present,  than  all  other 
causes  combined.  It  was  the  leading  cause  which  had  placed  Europe  in  its 
present  state  of  anarchy,  and  which  stood  in  the  way  of  reconstructing  good 
governments.  He  concluded  as  follows  : 


556  LETTER  OF  GEN.  CASS 

"  Nor  are  we  exempt  from  its  disorganizing  effects.  We  now  begin  to  ex< 
perience  the  danger  of  admitting  so  great  an  error  to  have  a  place  in  the 
declaration  of  our  independence.  For  a  longtime  it  lay  dormant;  but  in 
process  of  time  it  began  to  germinate,  and  produce  its  poisonous  fruits.  It 
had  strong  hold  on  the  mind  of  Jefferson,  the  author  of  that  document,  which 
caused  him  to  take  an  "utterly  false  view  of  the  subordinate  relation  of  the 
black  to  the  white  race  in  the  south ;  and  to  hold,  in  consequence,  that  the 
latter,  though  utterly  unqualified  to  possess  liberty,  were  as  fully  entitled  to 
both  liberty  and  equality  as  the  former ;  and  that  to  deprive  them  of  it  was 
unjust  and  immoral.  To  this  error,  his  proposition  to  exclude  slavery  from  the 
territory  northwest  of  the  Ohio  may  be  traced,  and  to  that  the  ordinance  of 
1787,  and  through  it  the  deep  and  dangerous  agitation  which  now  threatens  to 
engulf,  and  will  certainly  engulf,  if  not  speedily  settled,  our  political  insti 
tutions,  and  involve  the  country  in  countless  woes. " 

The  house  bill  providing  a  government  for  Oregon  was  passed  by  that  body 
on  the  second  of  August,  129  to  71.  It  contained  a  provision  for  extending 
the  ordinance  of  1787  over  the  territory.  The  bill  passed  the  senate  on  the 
13th  August — the  session  closing  the  next  day. 

The  following  letter  from  Gen.  Cass  to  A.  0.  P.  Nicholson,  appeared  dur 
ing  the  winter  of  1847-8.  It  is  regarded  as  the  first  well  considered  enunci 
ation  of  squatter  sovereignty : 

WASHINGTON,  December  24,  1841. 

DEAR  SIR  :  I  have  received  your  letter,  and  shall  answer  it  as  frankly  as  it 
is  written. 

You  ask  me  whether  I  am  in  favor  of  the  acquisition  of  Mexican  territory, 
and  what  are  my  sentiments  with  regard  to  the  Wilmot  proviso. 

I  have  so  often  and  so  explicitly  stated  my  views  of  the  first  question,  in  the 
senate,  that  it  seems  almost  unnecessary  to  repeat  them  here.  As  you  request 
it,  however,  I  shall  briefly  give  them. 

I  think,  then,  that  no  peace  should  be  granted  to  Mexico,  till  a  reasonable 
indemnity  is  obtained  for  the  injuries  which  she  has  done  us.  The  territorial 
extent  of  this  indemnity  is,  in  the  first  instance,  a  subject  of  executive  consid 
eration.  There  the  constitution  has  placed  it,  and  there  I  am  willing  to  leave 
it :  not  only  because  I  have  full  confidence  in  its  judicious  exercise,  but  because, 
in  the  ever-varying  circumstances  of  a  war,  it  would  be  indiscreet,  by  a  public 
declaration,  to  commit  the  country  to  any  line  of  indemnity,  which  might  other 
wise  be  enlarged,  as  the  obstinate  injustice  of  the  enemy  prolongs  the  contest, 
with  its  loss  of  blood  and  treasure. 

It  appears  to  me,  that  the  kind  of  metaphysical  magnanimity  which  would 
reject  all  indemnity  at  the  close  of  a  bloody  and  expensive  war,  brought  on  by 
a  direct  attack  upon  our  troops  by  the  enemy,  and  preceded  by  a  succession  of 
unjust  acts  for  a  series  of  years,  is  as  unworthy  of  the  age  in  which  we  live,  as 
it  is  revolting  to  the  common  sense  and  practice  of  mankind.  It  would  con 
duce  but  little  to  our  future  security,  or,  indeed,  to  our  present  reputation,  to 
declare  that  we  repudiate  all  expectation  of  compensation  from  the  Mexican 


TO  A.  0.  P.  NICHOLSON.  557 

government,  and  are  fighting,  not  for  any  practical  result,  but  for  some  vague, 
perhaps  philanthropic  object,  which  escapes  my  penetration,  and  must  be  defined 
by  those  who  assume  this  new  principle  of  national  intercommunication.  All 
wars  are  to  be  deprecated,  as  well  by  the  statesman  as  by  the  philanthropist. 
They  are  great  evils ;  but  there  are  greater  evils  than  these,  and  submission  to 
injustice  is  among  them.  The  nation  which  should  refuse  to  defend  its  rights 
and  its  honor,  when  assailed,  would  soon  have  neither  to  defend ;  and,  when 
driven  to  war,  it  is  not  by  professions  of  disinterestedness  and  declarations  of 
magnanimity  that  its  rational  objects  can  be  best  obtained,  or  other  nations 
taught  a  lesson  of  forbearance — the  strongest  security  for  a  permanent  peace. 
We  are  at  war  with  Mexico,  and  its  vigorous  prosecution  is  the  surest  means 
of  its  speedy  termination,  and  ample  indemnity  the  surest  guaranty  against  the 
recurrence  of  such  injustice  as  provoked  it. 

The  Wilmot  proviso  has  been  before  the  country  for  some  time.  It  has 
been  repeatedly  discussed  in  congress,  and  by  the  public  press.  I  am  strongly 
impressed  with  the  opinion,  that  a  great  change  has  been  going  on  in  the  public 
mind  upon  this  subject,  in  my  own  as  well  as  others ;  and  that  doubts  are  re 
solving  themselves  into  convictions,  that  the  principle  it  involves  should  be  kept 
out  of  the  national  legislature,  and  left  to  the  people  of  the  confederacy  in 
their  respective  local  governments. 

The  whole  subject  is  a  comprehensive  one,  and  fruitful  of  important  conse 
quences.     It  would  be  ill-timed  to  discuss  it  here.     I  shall  not  assume  that  re 
sponsible  task,  but  shall  confine  myself  to  such  general  views  as  are  necessary 
to  the  fair  exhibition  of  my  opinions. 

We  may  well  regret  the  existence  of  slavery  in  the  southern  states,  and  wish 
they  had  been  saved  from  its  introduction.  But  there  it  is,  not  by  the  act  of 
the  present  generation  ;  and  we  must  deal  with  it  as  a  great  practical  question, 
involving  the  most  momentous  consequences.  We  have  neither  the  right  nor 
the  power  to  touch  it  where  it  exists ;  and  if  we  had  both,  their  exercise,  by 
any  means  heretofore  suggested,  might  lead  to  results  which  no  wise  man  would 
willingly  encounter,  and  which  no  good  man  could  contemplate  without  anxiety. 

The  theory  of  our  government  presupposes  that  its  various  members  have  re 
served  to  themselves  the  regulation  of  all  subjects  relating  to  what  may  be  termed 
their  internal  police.  They  are  sovereign  within  their  boundaries,  except  in 
those  cases  where  they  have  surrendered  to  the  general  government  a  portion 
of  their  rights,  in  order  to  give  effect  to  the  objects  of  the  Union,  whether  these 
concern  foreign  nations  or  the  several  states  themselves.  Local  institutions,  if 
I  may  so  speak,  whether  they  have  reference  to  slavery  or  to  any  other  relations, 
domestic  or  public,  are  left  to  local  authority,  either  original  or  derivative. 
Congress  has  no  right  to  say  that  there  shall  be  slavery  in  New  York,  or  that 
there  shall  be  no  slavery  in  Georgia ;  nor  is  there  any  other  human  power,  but 
the  people  of  those  states,  respectively,  which  can  change  the  relations  existing 
therein ;  and  they  can  say,  if  they  will,  '  we  will  have  slavery  in  the  former,  and 
we  will  abolish  it  in  the  latter.' 

In  various  respects,  the  territories  differ  from  the  states.     Some  of  their 


558  LETTER  OF  GEN.  CASS 

rights  are  inchoate,  and  they  do  not  possess  the  peculiar  attributes  of  sover 
eignty.  Their  relation  to  the  general  government  is  very  imperfectly  defined 
by  the  constitution ;  and  it  will  be  found,  upon  examination,  that  in  that  in 
strument  the  only  grant  of  power  concerning  them  is  conveyed  in  the  phrase, 
"  congress  shall  have  the  power  to  dispose  of  and  make  all  needful  rules  and 
regulations  respecting  the  territory  and  other  property  belonging  to  the  United 
States. "  Certainly  this  phraseology  is  very  loose,  if  it  were  designed  to  in 
clude  in  the  grant  the  whole  power  of  legislation  over  persons,  as  well  as  things. 
The  expression,  the  "  territory  and  other  property,"  fairly  construed,  relates 
to  the  public  lands,  as  such  ;  to  arsenals,  dockyards,  forts,  ships,  and  all  the 
various  kinds  of  property  which  the  United  States  may  and  must  possess. 

But  surely  the  simple  authority  to  dispose  of  and  regulate  these  does  not 
extend  to  the  unlimited  power  of  legislation ;  to  the  passage  of  all  laws,  in 
the  most  general  acceptation  of  the  word ;  which,  by-the-by,  is  carefully  ex 
cluded  from  the  sentence.  And,  indeed,  if  this  were  so,  it  would  render  un 
necessary  another  provision  of  the  constitution,  which  grants  to  Congress  the 
power  to  legislate,  with  the  consent  of  the  states,  respectively,  over  all  places 
purchased  for  the  "erection  of  forts,  magazines,  arsenals,  dock-yards,"  etc. 
These  being  the  property  of  the  United  States,  if  the  power  to  make  "need 
ful  rules  and  regulations  concerning  "  them  includes  the  general  power  of  leg 
islation,  then  the  grant  of  authority  to  regulate  "the  territory  and  other  prop 
erty  of  the  United  States  "  is  unlimited,  wherever  subjects  are  found  for  its 
operation,  and  its  exercise  needed  no  auxiliary  provisision.  If,  on  the  other 
hand,  it  does  not  include  such  power  of  legislation  over  the  "  other  property" 
of  the  United  States,  then  it  does  not  include  it  over  their  "  territory;"  for  the 
same  terms  which  grant  the  one,  grant  the  other.  "Territory"  is  here  classed 
with  property,  and  treated  as  such  ;  and  the  object  was  evidently  to  enable  the 
general  government,  as  a  property-holder — which,  from  necessity  it  must 
be — to  manage,  preserve  and  "dispose  of"  such  property  as  it  might  possess, 
and  which  authority  is  essential  almost  to  its  being.  But  the  lives  and  persons 
of  our  citizens,  with  the  vast  variety  of  objects  connected  with  them,  cannot 
be  controlled  by  an  authority  which  is  merely  called  into  existence  for  the  pur 
pose  of  making  rules  and  regulations  for  the  disposition  and  management 
of  property. 

Such,  it  appears  to  me,  would  be  the  construction  put  upon  this  provision  of 
the  constitution,  were  this  question  now  first  presented  for  consideration,  and 
not  controlled  by  imperious  circumstances.  The  original  ordinance  of  the  con 
gress  of  the  confederation,  passed  in  1787,  and  which  was  the  only  act  upon 
this  subject  in  force  at  the  adoption  of  the  constitution,  provided  a  complete 
frame  of  government  for  the  country  north  of  the  Ohio,  while  in  a  territorial 
condition,  and  for  its  eventual  admission  in  separate  states  into  the  Union. 
And  the  persuasion  that  this  ordinance  contained  within  itself  all  the  necessary 
means  of  execution,  probably  prevented  any  direct  reference  to  the  subject  in 
the  constitution,  further  than  resting  in  congress  the  right  to  admit  the  states 
formed  under  it  into  the  Union.  However,  circumstances  arose  which  required 


TO  A.  0.  P.  NICHOLSON.  559 

legislation,  as  well  over  the  territory  north  of  the  Ohio  as  over  other  territory, 
both  within  and  without  the  original  Union,  ceded  to  the  general  government, 
and,  at  various  times,  a  more  enlarged  power  has  been  exercised  over  the  ter 
ritories — meaning  thereby  the  different  territorial  governments — than  is  con 
veyed  by  the  limited  grant  referred  to.  How  far  an  existing  necessity  may 
have  operated  in  producing  this  legislation,  and  thus  extending,  by  rather  a 
violent  implication,  powers  not  directly  given,  I  know  not.  But  certain  it  is 
that  the  principle  of  interference  should  not  be  carried  beyond  the  necessary 
implication  which  produces  it.  It  should  be  limited  to  the  creation  of  proper 
governments  for  new  countries,  acquired  or  settled,  and  to  the  necessary  pro 
vision  for  their  eventual  admission  into  the  Union ;  leaving,  in  the  meantime, 
the  people  inhabiting  them,  to  regulate  their  internal  concerns  in  their  own 
way.  They  are  just  as  capable  of  doing  so  as  the  people  of  the  states ;  and 
they  can  do  so,  at  any  rate  as  soon  as  their  political  independence  is  recogniz 
ed  by  admission  into  the  Union.  During  this  temporary  condition,  it  is  hardly 
expedient  to  call  into  exercise  a  doubtful  and  invidious  authority,  which  ques 
tions  the  intelligence  of  a  respectable  portion  of  our  citizens,  and  whose  limi 
tation,  whatever  it  may  be,  will  be  rapidly  approaching  its  termination — an  au 
thority  which  would  give  to  congress  despotic  power,  uncontrolled  by  the 
constitution,  over  most  important  sections  of  our  common  country.  For,  if 
the  relation  of  master  and  servant  may  be  regulated  or  annihilated  by  its  legis 
lation,  so  may  the  regulation  of  husband  and  wife,  of  parent  and  child,  and  of 
any  other  condition  which  our  institutions  and  the  habits  of  our  society  recog 
nize.  What  would  be  thought  if  congress  should  undertake  to  prescribe  the 
terms  of  marriage  in  New  York,  or  to  regulate  the  authority  of  parents  over 
their  children  in  Pennsylvania  ?  It  would  be  vain  to  seek  an  argument  jus 
tifying  the  interference  of  the  national  legislature  in  the  cases  referred  to  in  the 
original  states  of  the  Union.  I  speak  here  of  the  inherent  power  of  congress, 
and  do  not  touch  the  question  of  such  contracts  as  may  be  formed  with  new 
states  when  admitted  into  the  confederacy. 

Of  all  the  questions  that  can  agitate  us,  those  which  are  merely  sectional  in 
their  character  are  the  most  dangerous,  and  the  most  to  be  deprecated.  The 
warning  voice  of  him  who  from  his  character  and  services  and  virtue  had  the 
best  right  to  warn  us,  proclaimed  to  his  countrymen,  in  his  farewell  address, 
that  monument  of  wisdom  for  him,  as  I  hope  it  will  be  of  safety  for  them,  how 
much  we  had  to  apprehend  from  measures  peculiarly  affecting  geographical 
sections  of  our  country.  The  grave  circumstances  in  which  we  are  now  placed 
make  these  words  words  of  safety ;  for  I  am  satisfied,  from  all  I  have  seen  and 
heard  here,  that  a  successful  attempt  to  engraft  the  principles  of  the  Wilmot 
proviso  upon  the  legislation  of  this  government,  and  to  apply  them  to  new 
territory,  should  new  territory  be  acquired,  would  seriously  affect  our  tranquili- 
ty.  I  do  not  suffer  myself  to  foresee  or  to  foretell  the  consequences  that  would 
ensue  ;  for  I  trust  and  believe  there  is  good  sense  and  good  feeling  enough  in 
the  country  to  avoid  them,  by  avoiding  all  occasions  which  might  lead  to  them. 

Briefly,  then,  I  am  opposed  to  the  exercise  of  any  jurisdiction  by  congress 


560  LETTER  OF  GEN.  CASS 

over  this  matter ;  and  I  am  in  favor  of  leaving  to  the  people  of  any  territory, 
which  may  be  hereafter  acquired,  the  right  to  regulate  it  for  themselves,  under 
the  general  principles  of  the  constitution.  Because — 

1.  I  do  not  see  in  the  constitution  any  grant  of  the  requisite  power  to  con 
gress  ;  and  I  am  not  disposed  to  extend  a  doubtful  precedent  beyond  its  neces 
sity — the  establishment  of  territorial  governments  when  needed — leaving  to  the 
inhabitants  all  the  rights  compatible  with  the  relations  they  bear  to  the  con 
federation. 

2.  Because  I  believe  this  measure,  if  adopted,  would  weaken,  if  not  impair, 
the  union  of  the  states  ;    and  would  sow  the  seeds  of  future  discord,  which 
would  grow  up  and  ripen  into  an  abundant  harvest  of  calamity. 

3.  Because  I  believe  a  general  conviction  that  such  a  proposition  would  suc 
ceed,  would  lead  to  an  immediate  witholding  of  the  supplies,  and  thus  to  a  dis 
honorable  termination  of  the  war.     I  think  no  dispassionate  observer  at  the 
seat  of  government  can  doubt  this  result. 

4.  If,  however,  in  this  I  am  under  a  misapprehension,  I  am  under  none  in 
the  practical   operation  in  this  restriction,  if  adopted  by  congress,  upon  a 
treaty  of  peace,  making  any  acquisition  of  Mexican  territory.     Such  a  treaty 
would  be  rejected  as  certainly  as  presented  to  the  senate.     More  than  one- 
third  of  that  body  would  vote-  against  it,  viewing  such  a  principle  as  an  ex 
clusion  of  the  citizens  of  the  slaveholding  states  from  a  participation  in  the 
benefits  acquired  by  the  treasure  and  exertions  of  all,  and  which  should  be 
common  to  all.     I  am  repeating — neither  advancing  nor  defending  these  views. 
That  branch  of  the  subject  does  not  lie  in  my  way,  and  I  shall  not  turn  aside 
to  seek  it. 

In  this  aspect  of  the  matter,  the  people  of  the  United  States  must  choose  be 
tween  this  restriction  and  the  extension  of  their  territorial  limits.  They  can 
not  have  both  ;  and  which  they  will  surrender  must  depend  upon  their  repre 
sentatives  first,  and  then,  if  these  fail  them,  upon  themselves. 

5.  But  after  all,  it  seems  to  be  generally  conceded  that  this  restriction,  if 
carried  into  effect,  could  not  operate  upon  any  state  to  be  formed  from  newly- 
acquired  territory.     The  well-known  attributes  of  sovereignty,  recognized  by 
us  as  belonging  to  the  state  governments,  would  sweep  before  them  any  such 
barrier,  and  would  leave  the  people  to  express  and  exert  their  will  at  pleas 
ure.     Is  the  object,  then,  of  temporary  exclusion  for  so  short  a  period  as  the 
duration  of  the  territorial  governments,  worth  the  price  at  which  it  would  be 
purchased? — worth  the  discord  it  would  engender,  the  trial  to  which  it  would 
expose  our  union,  and  the  evils  that  would  be  the  certain  consequence,  let  the 
trial  result  as  it  might  ?     As  to  the  course,  which  has  been  intimated,  rather 
than  proposed,  of  engrafting  such  a  restriction  upon  any  treaty  of  acquisition, 
I  persuade  myself  it  would  find  but  little  favor  in  any  portion  of  this  country. 
Such  an  arrangement  would  render  Mexico  a  party,  having  a  right  to  inter 
fere  in  our  internal  institutions  in  questions  left  by  the  constitution  to  the  state 
governments,  and  would  inflict  a  serious  blow  upon  our  fundamental  principles. 
Few,  indeed,  I  trust,  there  are  among  us  who  would  thus  grant  to  a  foreign 


TO   A.  0.  P.  NICHOLSON. 

power  the  right  to  inquire  into  the  constitution  and  conduct  of  the  sovereign 
states  of  this  union ;  aud  if  there  are  any,  I  am  not  among  them,  nor  never 
shall  be.  To  the  people  of  this  country,  under  God,  now  and  hereafter,  are 
its  destinies  committed;  and  we  want  no  foreign  power  to  interrogate  us,  treaty 
in  hand,  and  to  say,  "why  have  you  done  this,  or  why  have  you  left  that  un 
done  ? "  Our  own  dignity  and  the  principles  of  national  independence  unite 
to  repel  such  a  proposition. 

But  there  is  another  important  consideration,  which  ought  not  to  be  lost 
sight  of,  in  the  investigation  of  this  subject.  The  question  that  presents  itself 
is  not  a  question  of  the  increase,  but  of  the  diffusion  of  slavery.  Whether  its 
sphere  be  stationary  or  progressive,  its  amount  will  be  the  same.  The  rejec 
tion  of  this  restriction  will  not  add  one  to  the  class  of  servitude,  nor  will  its 
adoption  give  freedom  to  a  single  being  who  is  now  placed  therein.  The  same 
numbers  will  be  spread  over  greater  territory  ;  and,  so  far  as  compression, 
with  less  abundance  of  the  necessaries  of  life,  is  an  evil,  so  far  will  that  evil  be 
mitigated  by  transporting  slaves  to  a  new  country,  and  giving  them  a  larger 
space  to  occupy. 

I  say  this  in  the  event  of  the  extension  of  slavery  over  any  new  acquisition. 
But  can  it  go  there  ?  This  may  well  be  doubted.  All  the  descriptions  which 
reach  us  of  the  condition  of  the  Californias  and  of  New-Mexico,  to  the  acqui 
sition  of  which  our  efforts  seem  at  present  directed,  unite  in  representing  those 
countries  as  agricultural  regions,  similar  in  their  products  to  our  middle  states, 
and  generally  unfit  for  the  production  of  the  great  staples  which  can  alone  ren 
der  slave  labor  valuable.  If  we  are  not  grossly  deceived — and  it  is  difficult  to 
conceive  how  we  can  be — the  inhabitants  of  those  regions,  whether  they  de 
pend  upon  their  plows  or  their  herds,  cannot  be  slaveholders.  Involuntary  la 
bor,  requiring  the  investment  of  large  capital,  can  only  be  profitable  when  em 
ployed  in  the  production  of  a  few  favored  articles  confined  by  nature  to  special 
districts,  and  paying  larger  returns  than  the  usual  agricultural  products  spread 
over  more  considerable  portions  of  the  earth. 

In  the  able  letter  of  Mr.  Buchanan  upon  this  subject,  not  long  since  given 
to  the  public,  he  presents  similar  considerations  with  great  force.  "Neither," 
says  the  distinguished  writer,  "the  soil,  the  climate,  nor  the  productions  of 
California  south  of  36°  30',  nor  indeed  of  any  portion  of  it,  north  or  south, 
is  adapted  to  slave  labor ;  and  beside,  every  facility  would  be  there  afforded  for 
the  slave  to  escape  from  his  master.  Such  property  would  be  entirely  insecure 
in  any  part  of  California.  It  is  morally  impossible,  therefore,  that  a  majority 
of  the  emigrants  to  that  portion  of  the  territory  south  of  36°  30',  which  will 
be  chiefly  composed  of  our  citizens,  will  ever  reestablish  slavery  within  its 
limits. 

"  In  regard  to  New  Mexico,  east  of  the  Rio  Grande,  the  question  has  al 
ready  been  settled  by  the  admission  of  Texas  into  the  Union. 

"  Should  we  acquire  the  territory  beyond  the  Rio  Grande  and  east  of  the 
Rocky  Mountains,  it  is  still  more  impossible  that  a  majority  of  the  people 
would  consent  to  reestablish  slavery.  They  are  themselves  a  colored  popula- 


562  LETTER  OF  GEN.  CASS. 

tion,  and  among  them  the  negro  does  not  belong  socially  to  a  degraded  race." 
With  this  last  remark,  Mr.  Walker  fully  coincides  in  his  letter  written  iu 
1844,  upon  the  annexation  of  Texas,  and  which  everywhere  produced  so  fa 
vorable  an  impression  upon  the  public  mind,  as  to  have  conduced  very  materi 
ally  to  the  accomplishment  of  that  great  measure.  "Beyond  the  Del  Norte," 
says  Mr.  Walker,  "  slavery  will  not  pass  ;  not  only  because  it  is  forbidden  by 
law,  but  because  the  colored  race  there  preponderates  in  the  ratio  of  ten  to  one 
over  the  whites  ;  and  holding,  as  they  do,  the  government  and  most  of  the  of 
fices  in  their  possession,  they  will  not  permit  the  enslavement  of  any  portion  of 
the  colored  race,  which  makes  and  executes  the  laws  of  the  country." 

The  question,  it  will  be  therefore  seen  on  examination,  does  not  regard  the 
exclusion  of  slavery  from  a  region  where  it  now  exists,  but  a  prohibition 
against  its  introduction  where  it  does  not  exist,  and  where,  from  the  feelings  of 
the  inhabitants  and  the  laws  of  nature,  "it  is  morally  impossible,"  as  Mr. 
Buchanan  says,  that  it  can  ever  reestablish  itself. 

It  augurs  well  for  the  permanency  of  our  confederation,  that  during  more 
than  half  a  century,  which  has  elapsed  since  the  establishment  of  this  govern 
ment,  many  serious  questions,  and  some  of  the  highest  importance,  have  agi 
tated  the  public  mind,  and  more  than  once  threatened  the  gravest  consequences; 
but  that  they  have  all  in  succession  passed  away,  leaving  our  institutions  un 
scathed,  and  our  country  advancing  in  numbers,  power  and  wealth,  and  in  all 
the  other  elements  of  national  prosperity,  with  a  rapidity  unknown  in  ancient 
or  in  modern  days.  In  times  of  political  excitement,  when  difficult  and  deli 
cate  questions  present  themselves  for  solution,  there  is  one  ark  of  safety  for  us; 
and  that  is,  an  honest  appeal  to  the  fundamental  principles  of  our  Union,  and  a 
stern  determination  to  abide  their  dictates.  This  course  of  proceeding  has 
carried  us  in  safety  through  many  a  trouble,  and  I  trust  will  carry  us  safely 
through  many  more,  should  many  more  be  destined  to  assail  us.  The  Wilmot 
proviso  seeks  to  take  from  its  legitimate  tribunal  a  question  of  domestic  poli 
cy,  having  no  relation  to  the  Union,  as  such,  and  to  transfer  it  to  another,  cre 
ated  by  the  people  for  a  special  purpose,  and  foreign  to  the  subject  matter  in 
volved  in  this  issue.  By  going  back  to  our  true  principles,  we  go  back  to  the 
road  of  peace  and  safety.  Leave  to  the  people,  who  will  be  affected  by  thia 
question,  to  adjust  it  upon  their  own  responsibility,  and  iu  their  own  manner, 
and  we  shall  render  another  tribute  to  the  original  principles  of  our  govern 
ment,  and  furnish  another  guaranty  for  its  permanence  and  prosperity.  I  am, 
dear  sir,  respectfully,  your  obedient  servant,  LEWIS  CASS. 

A.  0.  P.  NICHOLSON,  Esq.,  Nashville,  Tenn. 


PRESIDENT  TAYLOR  8  MESSAGE. 


CHAPTER     XXX. 

POLITICAL  HISTORY  OF  SLAVERY. — COMPROMISES  OF  -1850. 

Message  of  President  Taylor. — Sam  Houston's  propositions. — Taylor's  Special  Message 
— Mr.  Clay's  propositions  for  arrangement  of  slavery  controversy. — His  resolutions. — 
Resolutions  of  Mr.  Bell. — The  debate  on  Clay's  resolutions,  by  Rusk,  Foote,  of  Mis 
sissippi,  Mason,  Jefferson  Davis,  King,  Clay,  and  Butler. — Remarks  of  Benton,  Cal- 
houn,  Webster,  Seward,  and  Cass. — Resolutions  referred. — Report  of  Committee. — 
The  omnibus  bill. — California  admitted. — New  Mexico  organized. — Texas  boundary  es 
tablished. — Utah  organized. — Slave-trade  in  the  District  of  Columbia  abolished. — 
Fugitive  Slave  law  passed. 


T 


HE  slave  population  of  the  United  States  amounted,  in  1850,  to  3,204,313; 
exhibiting  an  increase,  for  the  last  decade,  of  716,858.  Of  the  slaves  in  1850, 
2,957,657  were  black,  or  of  unmixed  African  descent,  and  246,656  were  mu 
latto.  The  free  colored  population  in  1850  amounted  to  434,495;  of  whom 
275,400  were  black,  and  159,095  mulattoes.  The  total  number  of  families, 
holding  slaves,  was,  by  the  same  census,  347,525. 

CENSUS  OF  1850.— SLAVE  POPULATION. 

Alabama 342,844  Mississippi 309,878 

Arkansas 47,100  Missouri 87,422 

District  of  Columbia 3, 687  New  Jersey 236 

Delaware 2,290  North  Carolina 268,548 

Florida 39,310  South  Carolina 384,984 

Georgia 381,682  Tennessee 239,459 

Kentucky 210,981  Texas 58,161 

Louisiana 244,809  Virginia 472,528 

Maryland 90,368  Utah  Territory 26 

The  first  session  of  the  thirty-first  congress  commenced  on  the  third  day  of 
December,  1849.  Much  time  was  spent  in  unsuccessful  efforts  to  organize, 
until  the  23d,  when  Mr.  Howeil  Cobb,  of  Georgia,  was  elected  speaker,  by  a 
plurality  vote. 

On  the  24th,  President  Zachary  Taylor  transmitted  to  both  houses  his  first 
annual  message.  In  reference  to  the  new  territories,  he  says : 

"No  civil  government  having  been  provided  by  congress  for  California,  the 
people  of  that  territory,  impelled  by  the  necessities  of  their  political  condition, 
recently  met  in  convention,  for  the  purpose  of  forming  a  constitution  and  state 
government;  which,  the  latest  advices  give  me  reason  to  suppose,  has  been 
accomplished  ;  and  it  is  believed  they  will  shortly  apply  for  the  admission  of 
California  into  the  Union,  as  a  sovereign  state.  Should  such  be  the  case,  and 
should  their  constitution  be  conformable  to  the  requisitions  of  the  constitution 
of  the  United  States,  I  recommend  their  application  to  the  favorable  consid 
eration  of  congress. 


564  GENERAL  HOUSTON'S  PROPOSITION. 

"  The  people  of  New  Mexico  will  also,  it  is  believed,  at  no  very  distant  pe 
riod,  present  themselves  for  admission  into  the  Union.  Preparatory  to  the  ad 
mission  of  California  and  New  Mexico,  the  people  of  each  will  have  instituted 
for  themselves  a  republican  form  of  government,  laying  its  foundation  in  such 
principles,  and  organizing  its  power  in  such  form,  as  to  them  shall  seem  most 
likely  to  effect  their  safety  and  happiness. 

"  By  awaiting  their  action,  all  causes  of  uneasiness  may  be  avoided,  and 
confidence  and  kind  feeling  preserved.  With  a  view  of  maintaining  the  har 
mony  and  tranquility  so  dear  to  all,  we  should  abstain  from  the  introduction  of 
those  exciting  topics  of  a  sectional  character  which  have  hitherto  produced 
painful  apprehensions  in  the  public  mind  ;  and  I  repeat  the  solemn  warning  of 
the  first  and  most  illustrious  of  my  predecessors,  against  furnishing  any  ground 
for  characterizing  parties  by  geographical  discriminations. " 

On  the  4th  of  January,  1850,  General  Sam  Houston,  of  Texas,  submitted 
the  following  proposition  to  the  senate  : 

"WHEEEAS,  The  congress  of  the  United  States,  possessing  only  a  delegated  authority, 
have  no  power  over  the  subject  of  negro  slavery  within  the  limits  of  the  United  States, 
either  to  prohibit  or  to  interfere  with  it  in  the  states,  territories,  or  district,  where,  by 
municipal  law,  it  now  exists,  or  to  establish  it  in  any  state  or  territory  where  it  does  not 
exist ;  but  as  an  assurance  and  guarantee  to  promote  harmony,  quiet  apprehension,  and 
remove  sectional  prejudice,  which  by  possibility  might  impair  or  weaken  love  and  de 
votion  to  the  Union  in  any  part  of  the  country,  it  is  hereby 

"RESOLVED,  That,  as  the  people  in  territories  have  the  same  inherent  rights  of  self- 
government  as  the  people  in  the  states,  if,  in  the  exercise  of  such  inherent  rights, 
the  people  in  the  newly-acquired  territories,  by  the  annexation  of  Texas  and  the 
acquisition  of  California  and  New  Mexico,  south  of  the  parallel  of  36  degrees  and  30  min 
utes  of  north  latitude,  extending  to  the  Pacific  Ocean,  shall  establish  negro  slavery  in 
the  formation  of  their  state  governments,  it  shall  be  deemed  no  objection  to  their  admis 
sion  as  a  state  or  states  into  the  Union,  in  accordance  with  the  constitution  of  the  United 
States." 

In  answer  to  a  resolution  of  inquiry,  General  Taylor  sent  a  message  to  the 
house  stating  that  he  had  urged  the  formation  of  state  governments  in  Califor 
nia  and  New  Mexico,  and  adds : 

"  In  advising  an  early  application  by  the  people  of  these  territories  for  ad 
mission  as  states,  I  was  actuated  principally  by  an  earnest  desire  to  afford  to 
the  wisdom  and  patriotism  of  congress  the  opportunity  of  avoiding  occasions 
of  bitter  and  angry  discussions  among  the  people  of  the  United  States. 

"  Under  the  constitution,  every  state  has  the  right  to  establish,  and,  from 
time  to  time,  alter  its  municipal  laws  and  domestic  institutions,  independently 
of  every  other  state  and  of  the  general  government,  subject  only  to  the  prohi 
bitions  and  guarantees  expressly  set  forth  in  the  constitution  of  the  United 
States.  The  subjects  thus  left  exclusively  to  the  respective  states,  were  not 
designed  or  expected  to  become  topics  of  national  agitation.  Still  as,  under 
the  constitution,  congress  has  power  to  make  all  needful  rules  and  regulations 
respecting  the  territories  of  the  United  States,  every  new  acquisition  of  ter 
ritory  has  led  to  discussions  on  the  question  whether  the  system  of  involuntary 


PRESIDENT  TAYLOR'S  MESSAGE.  565 

servitude,  which  prevails  in  many  of  the  states,  should  or  should  not  be  prohi 
bited  in  that  territory  The  periods  of  excitement  from  this  cause,  which  have 
heretofore  occurred,  have  been  safely  passed ;  but,  during  the  interval,  of  what 
ever  length,  which  may  elapse  before  the  admission  of  the  territories  ceded  by 
Mexico,  as  states,  it  appears  probable  that  similar  excitement  will  prevail  to 
an  undue  extent. 

"  Under  these  circumstances,  I  thought,  and  still  think,  that  it  was  my  duty 
to  endeavor  to  put  in  the  power  of  congress,  by  the  admission  of  California 
and  New  Mexico  as  states,  to  remove  all  occasion  for  the  unnecessary  agitation 
of  the  public  mind. 

"  It  is  understood  that  the  people  of  the  western  part  of  California  have 
formed  the  plan  of  a  state  constitution,  and  will  soon  submit  the  same  to  the 
judgment  of  congress,  and  apply  for  admission  as  a  state.  This  course  on 
their  part,  though  in  accordance  with,  was  not  adopted  exclusively  in  conse 
quence  of,  any  expression  of  my  wishes,  inasmuch  as  measures  tending  to  this 
end  had  been  promoted  by  officers  sent  there  by  my  predecessor,  and  were  al 
ready  in  active  progress  of  execution,  before  any  communication  from  me 
reached  California.  If  the  proposed  constitution  shall,  when  submitted  to 
congress,  be  found  to  be  in  compliance  with  the  requisitions  of  the  constitution 
of  the  United  States,  I  earnestly  recommend  that  it  may  receive  the  sanction 
of  congress. 

"  Should  congress,  when  California  shall  present  herself  for  incorporation 
into  the  Union,  annex  a  condition  to  her  admission  as  a  state  affecting  her  do 
mestic  institutions  contrary  to  the  wishes  of  the  people,  and  even  compel  her 
temporarily  to  comply  with  it,  yet  the  state  could  change  her  constitution  at 
any  time  after  admission,  when  to  her  it  should  seem  expedient.  Any  attempt 
to  deny  to  the  people  of  the  state  the  right  of  self-government,  in  a  matter 
which  peculiarly  affects  themselves,  will  infallibly  be  regarded  by  them  as  an 
invasion  of  their  rights ;  and,  upon  the  principles  laid  down  in  our  own  Decla 
ration  of  Independence,  they  will  certainly  be  sustained  by  the  great  mass  of 
the  American  people.  To  assert  that  they  are  a  conquered  people,  and  must, 
as  a  state,  submit  to  the  will  of  their  conquerors,  in  this  regard,  will  meet  with 
no  cordial  response  among  American  freemen.  Great  numbers  of  them  are 
native  citizens  of  the  United  States,  and  not  inferior  to  the  rest  of  our  coun 
trymen  in  intelligence  and  patriotism  ;  and  no  language  of  menace  to  restrain 
them  in  the  exercise  of  an  undoubted  right,  substantially  guarantied  to  them 
by  the  treaty  of  cession  itself,  shall  ever  be  uttered  by  me,  or  encouraged  and 
sustained  by  persons  acting  under  my  authority.  It  is  to  be  expected  that,  in 
the  residue  of  the  territory  ceded  to  us  by  Mexico,  the  people  residing  there 
will,  at  the  time  of  their  incorporation  into  the  Union  as  a  state,  settle  all 
questions  of  domestic  policy  to  suit  themselves." 

On  the  29th  of  January,  Mr.  Clay  submitted  to  the  senate  of  the  United 
States  the  following  propositions  for  an  amicable  arrangement  of  the  whole 
slavery  controversy : 


566  CLAY'S  RESOLUTIONS. 

"1.  Resolved,  That  California,  with  suitable  boundaries,  ought,  upon  her  application, 
to  be  admitted  as  one  of  the  states  of  this  Union,  without  the  imposition  by  congress  of  any 
restriction  in  respect  to  the  exclusion  or  introduction  of  slavery  within  those  boundaries. 

"  2.  Resolved,  That  as  slavery  does  not  exist  by  law,  and  is  not  likely  to  be  intro 
duced  into  any  of  the  territory  acquired  by  the  United  States  from  the  republic  of  Mex 
ico,  it  is  inexpedient  for  congress  to  provide  by  law  either  for  its  introduction  into,  or 
exclusion  from,  any  part  of  the  said  territory :  and  that  appropriate  territorial  govern 
ments  ought  to  be  established  by  congress  in  all  the  said  territory,  not  assigned  as  within 
the  boundaries  of  the  proposed  state  of  California,  without  the  adoption  of  any  restric 
tion  or  condition  on  the  subject  of  slavery. 

"3.  Resolved,  That  the  western  boundary  of  the  state  of  Texas  ought  to  be  fixed  on 
the  Rio  del  Norte,  commencing  one  marine  league  from  its  mouth,  and  running  up  that 
river  to  the  southern  line  of  New  Mexico ;  thence  with  that  line  eastwardly,  and  so  con 
tinuing  in  the  same  direction  to  the  line  as  established  between  the  United  States  and 
Spain,  excluding  any  portion  of  New  Mexico,  whether  lying  on  the  east  or  west  of  that  river. 

"4.  Resolved,  That  it  be  proposed  to  the  state  of  Texas,  that  the  United  States  will 
provide  for  the  payment  of  all  that  portion  of  the  legitimate  and  bona  fide  public  debt 
of  that  state  contracted  prior  to  its  annexation  to  the  United  States,  and  for  which  the 
duties  on  foreign  imports  were  pledged  by  the  said  state  to  its  creditors,  not  exceeding 

the  sum  of dollars,  in  consideration  of  the  said  duties  so  pledged  having  been 

no  longer  applicable  to  that  object  after  the  said  annexation,  but  having  thenceforward 
become  payable  to  the  United  States ;  and  upon  the  condition,  also,  that  the  said  state 
of  Texas  shall,  by  some  solemn  and  authentic  act  of  her  legislature,  or  of  a  convention, 
relinquish  to  the  United  States  any  claim  which  she  has  to  any  part  of  New  Mexico. 

"5.  Resolved,  That  it  is  inexpedient  to  abolish  slavery  in  the  District  of  Columbia 
whilst  that  institution  continues  to  exist  in  the  state  of  Maryland,  without  the  consent 
of  that  state,  without  the  consent  of  the  people  of  the  district,  and  without  just  com 
pensation  to  the  owners  of  slaves  within  the  district. 

"  6.  But  Resolved,  That  it  is  expedient  to  prohibit,  within  the  district,  the  slave-trade 
in  slaves  brought  into  it  from  states  or  places  beyond  the  limits  of  the  district,  either  to 
be  sold  therein  as  merchandise,  or  to  be  transported  to  other  markets  without  the  Dis 
trict  of  Columbia. 

"7.  Resolved,  That  more  effectual  provision  ought  to  be  made  by  law,  according  to 
the  requirement  of  the  constitution,  for  the  restitution  and  delivery  of  persons  bound  to 
service  or  labor  in  any  state,  who  may  escape  into  any  other  state  or  territory  in  the 
Union.  And 

"8.  Resolved,  That  congress  has  no  power  to  prohibit  or  obstruct  the  trade  in  slaves 
between  the  slaveholding  states,  but  that  the  admission  or  exclusion  of  slaves  brought 
from  one  into  another  of  them,  depends  exclusively  upon  their  own  particular  laws." 

Among  the  propositions  to  dispose  of  the  territorial  and  slavery  questions 
in  both  houses  was  a  series  of  resolutions  offered  by  Mr.  Bell,  of  Tenn.,  in  the 
senate,  on  the  28th  of  February,  providing  for  the  future  division  of  Texas, 
and  the  admission  of  the  different  portions  as  states  ;  also,  by  consent  of  Texas, 
that  portion  of  lands  claimed  by  Texas,  lying  west  of  the  Colorado,  and  north 
of  latitude  42,  was  to  be  ceded  to  the  United  States  for  a  sum  not  exceeding 
millions  of  dollars.  California  to  be  admitted  as  a  state ;  but  in  fu 
ture  the  formation  of  state  constitutions  by  the  inhabitants  of  the  territories 
was  to  be  regulated  by  law,  and  the  inhabitants  were  to  have  power  "  to  regu 
late  and  adjust  all  questions  of  internal  state  policy  of  whatever  nature  they 
may  be."  The  following  are  Mr.  Bell's  resolutions  : 


BELL  S  RESOLUTIONS.  567 

"WHEKEAS,  Considerations  of  the  highest  interest  to  the  whole  country  demand  that 
the  existing  and  increasing  dissensions  between  the  north  and  the  south,  on  the  subject 
of  slavery,  should  be  speedily  arrested,  and  that  the  questions  in  controversy  be  adjusted 
•upon  some  basis  which  shall  tend  to  give  present  quiet,  repress  sectional  animosities,  re 
move,  as  far  as  possible,  the  causes  of  future  discord,  and  secure  the  uninterrupted  en 
joyment  of  those  benefits  and  advantages  which  the  Union  was  intended  to  confer  in 
equal  measure  upon  all  its  members  ; 

"And  whereas,  It  is  manifest,  under  present  circumstances,  that  no  adjustment  can 
be  effected  of  the  points  of  difference  unhappily  existing  between  the  northern  and  south 
ern  sections  of  the  Union,  connected  with  the  subject  of  slavery,  which  shall  secure  to 
either  section  all  that  is  contended  for ;  and  that  mutual  concessions  upon  questions  of 
mere  policy,  not  involving  the  violation  of  any  constitutional  right  or  principle,  must  be 
the  basis  of  every  project  affording  any  assurance  of  a  favorable  acceptance  ; 

"And  whereas,  The  joint  resolution  for  annexing  Texas  to  the  United  States,  approved 
March  1,  1845,  contains  the  following  condition  and  guarantee — that  is  to  say:  'New 
states  of  convenient  size,  not  exceeding  four  in  number,  in  addition  to  said  state  of  Texas, 
and  having  sufficient  population,  may  hereafter,  by  the  consent  of  said  state,  be  formed 
out  of  the  territory  thereof,  which  shall  be  entitled  to  admission  under  the  provisions 
of  the  federal  constitution ;  and  such  states  as  may  be  formed  out  of  that  portion  of  said 
territory  lying  south  of  thirty-six  degrees  thirty  minutes  north  latitude,  commonly 
known  as  the  Missouri  compromise  line,  shall  be  admitted  into  the  Union  with  or  with 
out  slavery,  as  the  people  of  each  state  asking  admission  may  desire  ;  and  in  such  state 
or  states  as  shall  be  formed  out  of  said  territory  north  of  said  Missouri  compromise  line, 
slavery  or  involuntary  servitude,  ("except  for  crime J  shall  be  prohibited;'  therefore, 

"1.  Resolved,  That  the  obligation  to  comply  with  the  condition  and  guarantee  above 
recited  in  good  faith  be  distinctly  recognized  ;  and  that,  in  part  compliance  with  the  same, 
as  soon  as  the  people  of  Texas  shall,  by  an  act  of  their  legislature,  signify  their  assent 
by  restricting  the  limits  thereof,  within  the  territory  east  of  the  Trinity  and  south  of  the 
Red  river,  and  when  the  people  of  the  residue  of  the  territory  claimed  by  Texas  adopt  a 
constitution,  republican  in  form,  they  be  admitted  into  the  Union  upon  an  equal  footing 
in  all  respects  with  the  original  states. 

"2.  Resolved,  That  if  Texas  shall  agree  to  cede,  the  United  States  will  accept,  a  ces 
sion  of  all  the  unappropriated  domain  in  all  the  territory  claimed  by  Texas,  lying  west 
of  the  Colorado  and  extending  north  to  the  forty-second  parallel  of  north  latitude,  to 
gether  with  the  jurisdiction  and  sovereignty  of  all  the  territory  claimed  by  Texas  north 
of  the  thirty -fourth  parallel  of  north  latitude,  and  to  pay  therefor  a  sum  not  exceeding 

millions  of  dollars,  to  be  applied  in  the  first  place  to  the  extinguishment  of  any 

portion  of  the  existing  public  debt  of  Texas,  for  the  discharge  of  which  the  United  States 
are  under  any  obligation,  implied  or  otherwise,  and  the  remainder  as  Texas  shall  require. 

"3.  Resolved,  That  when  the  population  of  that  portion  of  the  territory  claimed  by 
Texas  lying  south  of  the  thirty-fourth  parallel  of  north  latitude  and  west  of  the  Colo 
rado,  shall  be  equal  to  the  ratio  of  representation  in  congress,  under  the  last  preceding 
apportionment,  according  to  the  provisions  of  the  constitution,  and  the  people  of  such 
territory  shall,  with  the  assent  of  the  new  state  contemplated  in  the  preceding  resolu 
tion,  have  adopted  a  state  constitution,  republican  in  form,  they  be  admitted  into 
the  Union  as  a  state,  upon  an  equal  footing  with  the  original  states. 

"4.  Resolved,  That  all  the  territory  now  claimed  by  Texas  lying  north  of  the  thirty- 
fourth  parallel  of  north  latitude,  and  which  maybe  ceded  to  the  United  States  by  Texas, 
be  incorporated  with  the  territory  of  New  Mexico,  except  such  part  thereof  as  lies  east 
of  the  Rio  Grande  and  south  of  the  thirty-fourth  degree  of  north  latitude,  and  that  the 
territory  so  composed  form  a  state,  to  be  admitted  into  the  Union  when  the  inhabitants 

thereof  shall  adopt  a  state  constitution,  republican  in  form,  with  the  consent  of  congress ; 

. 


568  REMARKS  OF  MR.  FOOTE. 

but,  in  the  mean  time,  and  until  congress  shall  give  such  consent,  provision  be  made 
for  the  government  of  the  inhabitants  of  said  territory  suitable  to  their  condition,  but 
without  any  restriction  as  to  slavery. 

"5.  Resolved,  That  all  the  territory  ceded  to  the  United  States,  by  the  treaty  of  Gua- 
daloupe  Hidalgo,  lying  west  of  said  territory  of  New  Mexico,  and  east  of  the  contem 
plated  new  state  of  California,  for  the  present,  constitute  one  territory,  and  for  which 
some  form  of  government  suitable  to  the  condition  of  the  inhabitants  be  provided,  with 
out  any  restriction  as  to  slavery. 

"  6.  Resolved,  That  the  constitution  recently  formed  by  the  people  of  the  western  por 
tion  of  California,  and  presented  to  congress  by  the  president  on  the  13th  of  February, 
1850,  be  accepted,  and  that  they  be  admitted  into  the  Union  as  a  state,  upon  an  equal 
footing  in  all  respects  with  the  original  states. 

"  7.  Resolved,  That,  in  future,  the  formation  of  state  constitutions,  by  the  inhabitants 
of  the  territories  of  the  United  States,  be  regulated  by  law  ;  and  that  no  such  constitu 
tion  be  hereafter  formed  or  adopted  by  the  inhabitants  of  any  territory  belonging  to  the 
United  States,  without  the  consent  and  authority  of  congress. 

"8.  Resolved,  That  the  inhabitants  of  any  territory  of  the  United  States,  when  they 
shall  be  authorized  by  congress  to  form  a  state  constitution,  shall  have  the  sole  and  ex 
clusive  power  to  regulate  and  adjust  all  questions  of  internal  state  policy,  of  whatever 
nature  they  may  be,  controlled  only  by  the  restrictions  expressly  imposed  by  the  con 
stitution  of  the  United  States. 

"  9.  Resolved,  That  the  committee  on  territories  be  instructed  to  report  a  bill  in  con 
formity  with  the  spirit  and  principles  of  the  foregoing  resolutions." 

A  debate  of  unusual  duration,  earnestness,  and  ability  ensued,  mainly  on 
Mr.  Clay's  resolutions.  Mr.  Clay  having  read  and  briefly  commented  on  his 
propositions,  seriatim,  he  desired  that  they  should  be  held  over  without  de 
bate,  to  give  time  for  consideration,  and  made  a  special  order  for  Monday  or 
Tuesday  following.  Mr.  Busk  rose  at  once  to  protest  against  that  portion  of 
them  which  called  in  question  the  right  of  Texas  to  so  much  of  New  Mexico 
as  lies  east  of  the  Bio  del  Norte.  Mr.  Foote,  of  Miss.,  spoke  against  them 
generally,  saying : 

"  If  I  understand  the  resolutions  properly,  they  are  objectionable,  as  it  seems 
to  me, 

"  1.  Because  they  only  assert  that  it  is  not  expedient  that  congress  should 
abolish  slavery  in  the  District  of  Columbia  ;  thus  allowing  the  implication  to 
arise  that  congress  has  power  to  legislate  on  the  subject  of  slavery  in  the  dis 
trict,  which  may  hereafter  be  exercised,  if  it  should  become  expedient  to  do 
so  ;  whereas,  I  hold  that  congress  has,  under  the  constitution,  no  such  power 
at  all,  and  that  any  attempt  thus  to  legislate  would  be  a  gross  fraud  upon  all 
the  states  of  the  Union. 

"  2.  The  resolutions  of  the  honorable  senator  assert  that  slavery  does  not 
now  exist  by  law  in  the  territories  recently  acquired  from  Mexico  ;  whereas,  I 
am  of  opinion  that  the  treaty  with  the  Mexican  republic  carried  the  constitu 
tion,  with  all  its  guaranties,  to  all  the  territory  obtained  by  treaty,  and  se 
cured  the  privilege  to  every  southern  slaveholder  to  enter  any  part  of  it,  at 
tended  by  his  slave  property,  and  to  enjoy  the  same  therein,  free  from  all  mo 
lestation  or  hindrance  whatsoever. 

"  3.  Whether  slavery  is  or  is  not  likely  to  be  introduced  into  these  territo- 


REMARKS  OF  MR.  MASON.  569 

Ties,  or  into  any  of  them,  is  a  proposition  too  uncertain,  in  ray  judgment,  to  be 
at  present  positively  affirmed ;  and  I  am  unwilling  to  make  a  solemn  legisla 
tive  declaration  on  the  point.  Let  the  future  provide  the  appropriate  solu 
tion  of  this  interesting  question. 

"  4.  Considering,  as  I  have  several  times  heretofore  formally  declared,  the 
title  of  Texas  to  all  the  territory  embraced  in  her  boundaries,  as  laid  down  in 
her  law  of  1836,  full,  complete,  and  undeniable,  I  am  unwilling  to  say  any 
thing,  by  resolution  or  otherwise,  which  may  in  the  least  degree  draw  that  ti 
tle  into  question,  as  I  think  is  done  in  one  of  the  resolutions  of  the  honorable 
senator  from  Kentucky. 

"  5.  I  am,  upon  constitutional  and  other  grounds,  wholly  opposed  to  the 
principle  of  assuming  state  debts,  which  I  understand  to  be  embodied  in  one 
of  the  resolutions  of  the  honorable  senator  from  Kentucky.  If  Texan  soil  is 
to  be  bought,  (and  with  certain  appropriate  safeguards,  I  am  decidedly  in  fa 
vor  of  it,)  let  us  pay  to  the  sovereign  state  of  Texas  the  value  thereof  in  mon 
ey,  to  be  used  by  her  as  she  pleases.  It  will  be,  as  I  think,  more  delicate  and 
respectful  to  let  her  provide  for  the  management  of  this  matter,  which  is  strictly 
domestic  in  its  character,  in  such  manner  as  she  may  choose — presuming  that 
she  will  act  wisely,  justly,  and  honorably  towards  all  to  whom  she  may  be  in 
debted. 

"  6.  As  to  the  abolition  of  the  slave-trade  in  the  District  of  Columbia,  I 
see  no  particular  objection  to  it,  provided  it  is  done  in  a  delicate  and  judicious 
manner,  and  is  not  a  concession  to  the  menaces  and  demands  of  factionists 
and  fanatics.  If  other  questions  can  be  adjusted,  this  one  will,  perhaps,  occa 
sion  but  little  difficulty. 

"  7.  The  resolutions  which  provide  for  the  restoration  of  fugitives  from  la 
bor  or  service,  and  for  the  establishment  of  territorial  governments,  free  from 
all  restriction  on  the  subject  of  slavery,  have  my  hearty  approval.  The  last 
resolution,  which  asserts  that  congress  has  no  power  to  prohibit  the  trade  in 
slaves  from  state  to  state,  I  equally  approve. 

"  8.  If  all  other  questions  connected  with  the  subject  of  slavery  can  be  sat 
isfactorily  adjusted,  I  can  see  no  objection  to  admitting  all  California,  above 
the  line  of  36°  30',  into  the  Union  ;  provided  another  new  slave  state 
can  be  laid  off  within  the  present  limits  of  Texas,  so  as  to  keep  the  present 
equiponderance  between  the  slave  and  free  states  of  the  Union  ;  and  provided 
further,  all  this  is  done  by  way  of  compromise,  and  in  order  to  save  the  Union, 
as  dear  to  me  as  to  any  man  living." 

Mr.  Mason,  of  Va ,  after  expressing  his  deep  anxiety  to  "  go  with  him  who 
went  furthest,  but  within  the  limits  of  strict  duty,  in  adjusting  these  unhappy 
differences,"  added :  "Sir,  so  far  as  I  have  read  these  resolutions,  there  is  but 
one  proposition  to  which  I  can  give  a  hearty  assent,  and  that  is  the  resolution 
which  proposes  to  organize  territorial  governments  at  once  in  these  territories, 
without  a  declaration  one  way  or  the  other  as  to  their  domestic  institutions. 
Bat  there  is  another  which  I  deeply  regret  to  see  introduced  into  this  senate, 
by  a  senator  from  a  slaveholding  state ;  it  is  that  which  assumes  that  slavery 

s) 


570  DEBATE  ON  CLAY'S  RESOLUTIONS. 

does  not  now  exist  by  law  in  those  countries.  I  understand  one  of  these  prop 
ositions  to  declare  that,  by  law,  slavery  is  now  abolished  in  New  Mexico  and 
California.  That  was  the  very  proposition  advanced  by  the  non-slaveholding 
states  at  the  last  session ;  combated  and  disproved,  as  I  thought,  by  gentlemen 
from  the  slaveholding  states,  and  which  the  compromise  bill  was  framed  to  test. 
So  far,  I  regarded  the  question  of  law  as  disposed  of,  and  it  was  very  clearly 
aud  satisfactorily  shown  to  be  against  the  spirit  of  the  resolution  of  the  sena 
tor  from  Kentucky.  If  the  contrary  is  true,  I  presume  the  senator  from  Ken 
tucky  would  declare  that  if  a  law  is  now  valid  in  the  territories  abolishing 
slavery,  that  it  could  not  be  introduced  there,  even  if  a  law  was  passed  creat 
ing  the  institution,  or  repealing  the  statutes  already  existing ;  a  doctrine  never 
assented  to,  as  far  as  I  know,  until  now,  by  any  senator  representing  one  of 
the  slaveholding  states.  Sir,  I  hold  the  very  opposite,  and  with  such  confi 
dence,  that  at  the  last  session  I  was  willing  and  did  vote  for  a  bill  to  test  this 
question  in  the  supreme  court.  Yet  this  resolution  assumes  the  other  doctrine 
to  be  true,  and  our  assent  is  challenged  to  it  as  a  proposition  of  law. 

"  I  do  not  mean  to  detain  the  senate  by  any  discussion ;  but  I  deemed  it  to 
be  my  duty  to  enter  a  decided  protest,  on  the  part  of  Virginia,  against  such 
doctrines.  They  concede  the  whole  question  at  once,  that  our  people  shall  not 
go  into  the  new  territories  and  take  their  property  with  them ;  a  doctrine  to 
which  I  never  will  assent,  and  for  which,  sir,  no  law  can  be  found.  There  are 
other  portions  of  the  resolution,  for  which,  if  they  could  be  separated,  I  should 
be  very  willing  to  vote.  *  That  respecting  fugitive  slaves,  and  that  respecting 
the  organization  of  governments  in  these  territories,  I  should  be  willing  to 
vote  for ;  and  I  am  happy  to  declare  the  gratification  I  experience  at  finding 
the  senator  from  Kentucky  differing  so  much,  on  this  subject,  from  the  execu 
tive  message  recently  laid  before  the  senate.  I  beg  not  to  be  understood  as 
having  spoken  in  any  spirit  of  unkindness  towards  the  senator  from  Kentucky, 
for  whom  I  entertain  the  warmest  and  most  profound  respect ;  but  I  cannot 
but  express  also  my  regret  that  he  has  felt  it  to  be  his  duty,  standing  as  he 
does  before  this  people,  and  representing  the  people  he  does,  to  introduce  into 
this  body  resolutions  of  this  kind. " 

Mr.  Jefferson  Davis,  of  Miss.,  said:  "  Sir,  we  are  called  upon  to  receive 
this  as  a  measure  of  compromise  !  As  a  measure  in  which  we  of  the  minority 
are  to  receive  nothing.  A  measure  of  compromise  !  I  look  upon  it  as  but  a 
modest  mode  of  taking  that,  the  claim  to  which  has  been  more  boldly  asserted 
by  others  ;  and,  that  I  may  be  understood  upon  this  question,  and  that  my  po 
sition  may  go  forth  to  the  country  in  the  same  columns  that  convey  the  senti 
ments  of  the  senator  from  Kentucky,  I  here  assert,  that  never  will  I  take  less 
than  the  Missouri  compromise  line  extended  to  the  Pacific  ocean,  with  the  spe 
cific  recognition  of  the  right  to  hold  slaves  in  the  territory  below  that  line  ; 
and  that,  before  such  territories  are  admitted  into  the  Union  as  states,  slaves 
may  be  taken  there  from  any  of  the  United  States  at  the  option  of  the  owners. 
I  can  never  consent  to  give  additional  power  to  a  majority  to  commit  further 
aggressions  upon  the  minority  in  this  Union ;  and  will  never  consent  to  any 


REMARKS  OF  MR.  KING.  571 

proposition  which  will  have  such  a  tendency,  without  a  full  guaranty  or  coun- 
-teracting  measure  is  connected  with  it." 

Mr.  Clay,  in  reply,  said  :  "  I  am  extremely  sorry  to  hear  the  senator  from 
Mississippi  say  that  he  requires,  first,  the  extension  of  the  Missouri  compro 
mise  line  to  the  Pacific,  and  also  that  he  is  not  satisfied  with  that,  but  requires, 
if  I  understood  him  correctly,  a  positive  provision  for  the  admission  of  slavery 
south  of  that  line.  And  now,  sir,  coming  from  a  slave  state,  as  I  do,  I  owe  it 
to  myself,  I  owe  it  to  truth,  I  owe  it  to  the  subject,  to  state  that  no  earthly 
power  could  induce  me  to  vote  for  a  specific  measure  for  the  introduction  of 
slavery  where  it  had  not  before  existed,  either  south  or  north  of  that  line. 
Coming  as  I  do  from  a  slave  state,  it  is  my  solemn,  deliberate,  and  well-ma 
tured  determination  that  no  power — no  earthly  power — shall  compel  me  to 
vote  for  the  positive  introduction  of  slavery  either  south  or  north  of  that  line. 
Sir,  while  you  reproach,  and  justly,  too,  our  British  ancestors  for  the  introduc 
tion  of  this  institution  upon  the  continent  of  America,  I  am,  for  one,  unwilling 
that  the  posterity  of  the  present  inhabitants  of  California  and  of  JSTew  Mexico 
shall  reproach  us  for  doing  just  what  we  reproach  Great  Britain  for  doing  to 
us.  If  the  citizens  of  those  territories  choose  to  establish  slavery,  I  am  for 
admitting  them  with  such  provisions  in  their  constitutions  ;  but  then,  it  will  be 
their  own  work,  and  not  ours,  and  their  posterity  will  have  to  reproach  them, 
and  not  us,  for  forming  constitutions  allowing  the  institution  of  slavery  to  ex 
ist  among  them.  These  are  my  views,  sir,  and  I  choose  to  express  them  ;  and 
I  care  not  how  extensively  or  universally  they  are  known.  The  honorable  sen 
ator  from  Virginia  has  expressed  his  opinion  that  slavery  exists  in  these  terri 
tories,  and  I  have  no  doubt  that  opinion  is  sincerely  and  honorably  entertained 
by  him ;  and  I  would  say  with  equal  sincerity  and  honesty,  that  I  believe  that 
slavery  nowhere  exists  within  any  portion  of  the  territory  acquired  by  us  from 
Mexico.  He  holds  a  directly  contrary  opinion  to  mine,  as  he  has  a  perfect 
right  to  do  ;  and  we  will  not  quarrel  about  that  difference  of  opinion." 

Mr.  William  R.  King,  of  Ala.,  on  the  question  of  slavery  in  the  new  terri 
tories,  said:  "With  regard  to  the  opinions  of  honorable  senators,  respecting 
the  operation  of  the  laws  of  Mexico  in  our  newly-acquired  territories,  there 
may  be,  and  no  doubt  is,  an  honest  difference  of  opinion  with  regard  to  that 
matter.  Some  believe  that  the  municipal  institutions  of  Mexico  overrule  the 
provisions  of  our  constitution,  and  prevent  us  from  carrying  our  slaves  there. 
That  is  a  matter  which  I  do  not  propose  to  discuss  ;  it  has  been  discussed  at 
length  in  the  debate  upon  the  compromise  bill,  putting  it  on  the  ground  of  a 
judicial  decision.  Sir,  I  know  not — nor  is  it  a  matter  of  much  importance 
with  me — whether  that  which  the  honorable  senator  states  to  be  a  fact,  and 
which,  as.  has  been  remarked  by  the  senator  from  Mississippi,  can  only  be  con 
jectural,  be  in  reality  so  or  not — that  slavery  never  can  go  there.  This  is  what 
is  stated,  however.  Well,  be  it  so.  If  slave  labor  be  not  profitable  there,  it 
will  not  go  there ;  or,  if  it  go,  who  will  be  benefited  ?  Not  the  south.  They 
will  never  compel  it  to  go  there.  We  are  misunderstood — grossly,  I  may  say — 
by  honorable  senators,  though  not  intentionally  ;  but  we  are  contending  for  a 


572  REMARKS  OF  MR.  BUTLER. 

principle,  and  a  great  principle — a  principle  lying  at  the  very  foundation  of 
our  constitutional  rights — involving,  as  has  been  remarked,  our  property ;  iu 
one  word,  involving  our  safety,  our  honor,  all  that  is  dear  to  us,  as  American 
freemen.  "Well,  sir,  for  that  principle  we  will  be  compelled  to  contend  to  the 
utmost,  and  tc  resist  aggression  at  every  hazard  and  at  every  sacrifice.  That 
is  the  position  in  which  we  are  placed.  We  ask  no  act  of  congress — as  has 
been  properly  intimated  by  the  senator  from  Mississippi — to  carry  slavery  any 
where.  Sir,  I  believe  we  have  as  much  constitutional  power  to  prohibit  slavery 
from  going  into  the  territories  of  the  United  States,  as  we  have  to  pass  an  act 
carrying  slavery  there.  We  have  no  right  to  do  either  the  one  or  the  other. 
I  would  as  soon  vote  for  the  Wilmot  proviso  as  I  would  vote  for  any  law  which 
required  that  slavery  should  go  into  any  of  the  territories." 

Mr.  Downs,  of  Louisiana,  said :  "  I  must  confess,  that  in  the  whole  course 
of  my  life,  my  astonishment  has  never  been  greater  than  it  was  when  I  saw 
this  (Mr.  Clay's)  proposition  brought  forward  as  a  compromise ;  and  I  rise 
now,  sir,  not  for  the  purpose  of  discussing  it  at  all,  but  to  protest  most  solemn 
ly  against  it.  I  consider  this  compromise  as  no  compromise  at  all.  What, 
sir,  does  it  grant  to  the  south  ?  I  can  see  nothing  at  all.  The  first  resolution 
offered  by  the  honorable  senator  proposes  to  admit  the  state  of  California  with 
a  provision  prohibiting  slavery  in  territory  which  embraces  all  our  possessions 
on  the  Pacific.  It  is  true,  there  may  be  a  new  regulation  of  the  boundary 
hereafter ;  but  if  there  were  to  be  such  a  regulation,  why  was  it  not  embraced 
in  this  resolution  ?  As  no  boundary  is  mentioned,  we  have  a  right  to  presume 
that  the  boundary  established  by  the  constitution  of  California  was  to  be  re 
ceived  as  the  established  boundary.  What  concession,  then,  is  it  from  the 
north,  that  we  admit  a  state  thus  prohibiting  slavery,  embracing  the  whole  of 
our  possessions  on  the  Pacific  coast,  according  to  these  resolutions  ?  As  to 
the  resolution  relating  to  New  Mexico  and  Deseret,  if  it  had  simply  contained 
the  provision  that  a  constitutional  government  shall  be  established  there,  with 
out  any  mention  of  slavery  whatever,  it  would  have  been  well  enough.  But, 
inasmuch  as  it  is  affirmed  that  slavery  does  not  now  exist  in  these  territories, 
does  it  not  absolutely  preclude  its  admission  there  ?  and  the  resolutions  might 
just  as  well  affirm  that  slavery  should  be  prohibited  in  these  territories.  The 
senator  from  Alabama,  if  I  understood  him  aright,  maintains  that  the  proposi 
tion  is  of  the  same  import  as  the  Wilmot  proviso ;  and,  in  view  of  these  facts, 
I  would  ask,  is  there  anything  conceded  to  us  of  the  south  ?  " 

Mr.  Butler,  of  South  Carolina,  said  :  "Perhaps  our  northern brethern  ought 
to  understand  that  all  the  compromises  that  have  been  made,  have  been  by  con 
cessions — acknowledged  concessions — on  the  part  of  the  south.  When  other 
compromises  are  proposed,  that  require  new  concessions  on  their  part,  whilst 
none  are  exacted  on  the  other,  the  issue,  at  least,  should  be  presented  for  their 
consideration  before  they  come  to  the  decision  of  their  great  question.  If  I 
understand  it,  the  senator  from  Kentucky's  whole  proposition  of  compromise 
is  nothing  more  than  this :  That  California  is  already  disposed  of,  having 
formed  a  state  constitution,  and  that  territorial  governments  shall  be  organized 


REMARKS  OF  MR.  BENTON.  573 

for  Deseret  and  New  Mexico,  under  which,  by  the  operation  of  laws  already 
existing,  a  slaveholding  population  could  not  carry  with  them,  or  own  slaves 
there.  What  is  there  in  the  nature  of  a  compromise  here,  coupled,  as  it  is, 
with  the  proposition  that  by  the  existing  laws  in  the  territories,  it  is  almost 
certain  that  slaveholders  cannot,  and  have  no  right  to  go  there  with  their  pro 
perty?  What  is  there  in  the  nature  of  a  compromise  here  ?  I  am  willing, 
however,  to  run  the  risks,  and  am  ready  to  give  to  the  territories  the  govern 
ments  they  require.  I  shall  always  think,  that  under  a  constitution  giving 
equal  rights  to  all  parties,  the  slaveholding  people,  as  such,  can  go  to  these  ter 
ritories,  and  retain  their  property  there.  But,  if  we  adopt  this  proposition  of 
the  senator  from  Kentucky,  it  is  clearly  on  the  basis  that  slavery  shall  not  go 
there. 

"  I  do  not  understand  the  senator  from  Mississippi  (Mr.  Davis)  to  maintain 
the  proposition,  that  the  south  asked  or  desired  a  law  declaring  that  slavery 
should  go  there,  or  that  it  maintained  the  policy  even  that  it  was  the  duty  of 
congress  to  pass  such  a  law.  We  have  only  asked,  and  it  is  the  only  compro 
mise  to  which  we  will  submit,  that  congress  shall  withhold  the  hand  of  violence 
from  the  territories.  The  only  way  in  which  this  question  can  be  settled  is,  for 
gentlemen  from  the  north  to  withdraw  all  their  opposition  to  the  territorial 
governments,  and  not  insist  on  their  slavery  prohibition.  The  Union  is  then 
safe  enough.  Why,  then,  insist  on  a  compromise,  when  those  already  made 
are  sufficient  for  the  peace  of  the  north  and  south,  if  faithfully  observed  ? 
These  propositions  are  in  the  name  of  a  compromise,  when  none  is  necessary." 

Mr.  Benton  said,  "  it  had  been  affirmed  and  denied  that  slavery  had  been 
abolished  in  Mexico.  He  affirmed  its  abolition,  and  read  copious  extracts 
from  the  laws  and  constitution  of  Mexico,  in  proof  of  the  affirmation.  Slavery 
having  been  abolished  by  Mexican  law  before  we  acquired  the  countries,  the 
Wilmot  proviso  in  relation  to  these  countries  was  a  thing  of  nothing — an 
empty  provision.  He  said,  also,  that  African  slavery  never  had  existed  in 
Mexico  in  the  form  in  which  it  existed  in  the  states  of  this  Union ;  and  that, 
if  the  Mexican  law  was  now  in  force  in  New  Mexico  and  California,  no  slave 
holder  from  the  Union  would  carry  a  slave  thither,  except  to  set  him  free. 
The  policy  of  this  country  was  to  discourage  emancipation ;  that  of  Mexico 
had  been  to  promote  it.  This  was  shown  by  numerous  quotations  of  the  laws 
of  Mexico.  Slavery  was  defined  by  Spanish  law  to  be  'the  condition  of  a 
man  who  is  the  property  of  another  against  natural  right. '  Therefore,  not  be 
ing  derived  from  nature,  or  divine  law,  but  existing  onfy  by  positive  enact 
ment,  it  had  no  countenance  from  Spanish  law.  He  affirmed  these  three 
points  :  1.  Slavery  was  abolished  in  California  and  New  Mexico  before  we  got 
them.  2.  Even  if  not  abolished,  no  person  would  carry  a  slave  to  those  coun 
tries  to  be  held  under  such  law.  3.  Slavery  could  not  exist  there,  except  by 
positive  law  yet  to  be  passed.  According  to  this  exposition,  the  proviso 
would  have  no  more  effect  there  than  a  piece  of  blank  paper  pasted  on  the 
statute  book." 

Mr.  Calhoun  said  "the  Union  was  in  danger.     The  cause  of  this  danger 


574  REMARKS  OF  MR.  CALHOUN. 

was  the  discontent  at  the  south.  And  what  was  the  cause  of  this  discontent  ? 
It  was  found  in  the  belief  which  prevailed  among  them  that  they  could  not, 
consistently  with  honor  and  safety,  remain  in  the  Union.  And  what  had 
caused  this  belief  ?  One  of  the  causes  was  the  long-continued  agitation  of 
the  slave  question  at  the  north,  and  the  many  aggressions  they  had  made  on 
the  rights  of  the  south.  But  the  primary  cause  was  in  the  fact,  that  the  equi 
librium  between  the  two  sections  at  the  time  of  the  adoption  of  the  constitu 
tion  had  been  destroyed.  The  first  of  the  series  of  acts  by  which  this  had 
been  done,  was  the  ordinance  of  178t,  by  which  the  south  had  been  excluded 
from  all  the  northwestern  region.  The  next  was  the  Missouri  compromise, 
excluding  them  from  all  the  Louisiana  territory  north  of  36  degrees  30  min 
utes,  except  the  state  of  Missouri;  in  all  1,238,025  square  miles,  leaving  to 
the  south  the  southern  portion  of  the  original  Louisiana  territory,  with  Flor 
ida  ;  to  which  had  since  been  added  the  territory  acquired  with  Texas ;  ma 
king  in  all  but  609,023  miles.  And  now  the  north  was  endeavoring  to  appro 
priate  to  herself  the  territory  recently  acquired  from  Mexico,  adding  526,018 
miles  to  the  territory  from  which  the  south  was  if  possible  to  be  excluded. 
Another  cause  of  the  destruction  of  this  equilibrium  was  our  system  of  revenue, 
(the  tariff,)  the  duties  falling  mainly  upon  the  southern  portion  of  the  "Union, 
as  being  the  greatest  exporting  states,  while  more  than  a  due  proportion  of  the 
revenue  had  been  disbursed  at  the  north. 

But  while  these  measures  were  destroying  the  equilibrium  between  the  two 
sections,  the  action  of  the  government  was  leading  to  a  radical  change  in  its 
character.  It  was  maintained  that  the  government  itself  had  the  right  to  de 
cide,  in  the  last  resort,  as  to  the  extent  of  its  powers,  and  to  resort  to  force  to 
maintain  the  power  it  claimed.  The  doctrines  of  General  Jackson's  proclama 
tion,  subsequently  asserted  and  maintained  by  Mr.  Madison,  the  leading  fra- 
mer  and  expounder  of  the  constitution,  were  the  doctrines  which,  if  carried 
out,  would  change  the  character  of  the  government  from  a  federal  republic,  as 
it  came  from  the  hands  of  its  framers,  into  a  great  national  consolidated  de 
mocracy. 

Mr.  Calhoun  also  spoke  of  the  anti-slavery  agitation,  which,  if  not  arrested, 
would  destroy  the  Union  ;  and  he  passed  a  censure  upon  congress  for  receiving 
abolition  petitions.  Had  congress  in  the  beginning  adopted  the  course  which 
he  had  advocated,  which  was  to  refuse  to  take  jurisdiction,  by  the  united  voice 
of  all  parties,  the  agitation  would  have  been  prevented.  He  charged  the  north 
with  false  professions  of  devotion  to  the  Union,  and  with  having  violated  the 
constitution.  Acts  had  been  passed  in  northern  states  to  set  aside  and  annul 
the  clause  of  the  constitution  which  provides  for  delivering  up  fugitive  slaves. 
The  agitation  of  the  slavery  question,  with  the  avowed  purpose  of  abolishing 
slavery  in  the  states,  was  another  violation  of  the  constitution.  And  during 
the  fifteen  years  of  this  agitation,  in  not  a  single  instance  had  the  people  of 
the  north  denounced  these  agitators.  How  then  could  their  professions  of  de 
votion  to  the  Union  be  sincere  ? 

Mr.  Calhoun  disapproved  both  the  plan  of  Mr.  Clay  and  that  of  President 


REMARKS  OF  MR.  WEBSTER.  575 

Taylor,  as  incapable  of  saving  the  Union.  He  would  pass  by  the  former  with 
out  remark,  as  Mr.  Clay  had  been  replied  to  by  several  senators.  The  execu 
tive  plan  could  not  save  the  Union,  because  it  could  not  satisfy  the  south  that 
it  could  safely  or  honorably  remain  in  the  Union.  It  was  a  modification  of  the 
Wilmot  proviso,  proposing  to  effect  the  same  object,  the  exclusion  of  the  south 
from  the  new  territory.  The  executive  proviso  was  more  objectionable  than 
the  Wilmot.  Both  inflicted  a  dangerous  wound  upon  the  constitution,  by  de 
priving  the  southern  states  of  equal  rights,  as  joint  partners,  in  these  territo 
ries  ;  but  the  formerinflicted  others  equally  great.  It  claimed  for  the  inhabit 
ants  the  right  to  legislate  for  the  territories,  which  belonged  to  congress.  The 
assumption  of  this  right  was  utterly  unfounded,  unconstitutional,  and  without 
example.  Under  this  assumed  right,  the  people  of  California  had  formed  a 
constitution  and  a  state  government,  and  appointed  senators  and  representa 
tives.  If  the  people  as  adventurers  had  conquered  the  territory  and  estab 
lished  their  independence,  the  sovereignty  of  the  country  would  have  been 
vested  in  them.  In  that  ease,  they  would  have  had  the  right  to  form  a  state 
government ;  and  afterward  they  might  have  applied  to  congress  for  admission 
into  the  Union.  But  the  United  States  had  conquered  and  acquired  Califor 
nia  ;  therefore,  to  them  belonged  the  sovereignty,  and  the  powers  of  govern 
ment  over  the  territory.  Michigan  was  the  first  case  of  departure  from  the 
uniform  rule  of  acting.  Hers,  however,  was  a  slight  departure  from  establish 
ed  usage.  The  ordinance  of  1787  secured  to  her  the  right  of  becoming  a  state 
when  she  should  have  60,000  inhabitants.  Congress  delayed  taking  the  cen 
sus.  The  people  became  impatient ;  and  after  her  population  had  increased 
to  twice  that  number,  they  formed  a  constitution  without  waiting  for  the 
taking  of  the  census ;  and  congress  waived  the  omission,  as  there  was  no 
doubt  of  the  requisite  number  of  inhabitants.  In  other  cases  there  had  existed 
territorial  governments. 

Having  shown  how  the  Union  could  not  be  saved,  he  then  proceeded  to  an 
swer  the  question  how  it  could  be  saved.  There  was  but  one  way  certain. 
Justice  must  be  done  to  the  south,  by  a  full  and  final  settlement  of  all  the 
questions  at  issue.  The  north  must  concede  to  the  south  an  equal  right  to  the 
acquired  territory,  and  fulfill  the  stipulations  respecting  fugitive  slaves ;  must 
cease  to  agitate  the  slave  question,  and  join  in  an  amendment  of  the  constitu 
tion,  restoring  to  the  south  the  power  she  possessed  of  protecting  herself,  be 
fore  the  equilibrium  between  the  two  sections  had  been  destroyed  by  the  action 
of  the  government." 

Mr.  Webster,  on  the  7th  of  March,  spoke  at  length  on  the  resolutions  of 
Mr.  Clay,  and  in  reply  to  Mr.  Calhoun.  In  the  course  of  his  history  of  the 
slave  question  in  this  country,  he  remarked,  "  that  a  change  had  taken  place 
since  the  adoption  of  the  constitution.  Both  sections  then  held  slavery  to  be 
equally  an  evil,  moral  and  political.  It  was  inhuman  and  cruel ;  it  weakened 
the  social  fabric,  and  rendered  labor  less  productive.  The  eminent  men  of  the 
Bouth  then  held  it  to  be  an  evil,  a  blight,  a  scourge,  and  a  curse.  The  framers 
of  the  constitution,  in  considering  how  to  deal  with  it,  concluded  that  it  could 


57 G  REMARKS  OF  MR.  WEBSTER. 

not  be  continued  if  the  importation  of  slaves  should  cease.  The  prohibition 
of  the  importation  after  twenty  years  was  proposed  :  a  term  which  some  south 
ern  gentlemen,  Mr.  Madison  for  one,  thought  too  long.  The  word  'slaves' 
was  not  allowed  in  the  constitution  ;  Mr.  Madison  was  opposed  to  it ;  he  did 
not  wish  to  see  it  recognized  in  that  instrument,  that  there  could  be  property 
in  men.  The  ordinance  of  1787  also  received  the  unanimous  support  of  the 
south ;  a  measure  which  Mr.  Calhoun  had  said  was  the  first  in  a  series  of 
measures  which  had  enfeebled  that  section. 

Soon  after  this,  the  age  of  cotton  came.  The  south  wanted  land  for  its 
cultivation.  Mr.  Calhoun  had  observed  that  there  had  always  been  a  majority 
in  favor  of  the  north.  If  so,  the  north  had  acted  very  liberally  or  very  weak 
ly  ;  for  they  had  seldom  exercised  their  power.  The  truth  was,  the  general 
lead  in  politics  for  three-fourths  of  the  time  had  been  southern  lead.  In  1802, 
a  great  cotton  region,  now  embracing  all  Alabama,  had  been  obtained  from 
Georgia  by  the  general  government.  In  1803,  Louisiana  was  purchased,  out 
of  which  several  large  slaveholding  states  had  been  formed.  In  1819,  Florida 
was  ceded,  which  also  had  come  in  as  slave  territory.  And  lastly,  Texas — great, 
vast,  illimitable  Texas — had  been  admitted  as  a  slave  state.  In  this,  the  sen 
ator  himself,  as  secretary  of  state,  and  the  late  secretary  of  the  treasury,  then 
senator,  had  taken  the  lead.  They  had  done  their  work  thoroughly ;  having 
procured  a  stipulation  for  four  new  states  to  be  formed  out  of  that  state  ;  and 
all  south  of  the  line  36°  30'  might  be  admitted  with  slavery.  Even  New 
England  had  aided  in  this  measure.  Three-fourths  of  liberty-loving  Connec 
ticut  in  the  other  house,  and  one-half  in  this,  had  supported  it.  And  it  had 
one  vote  from  each  of  the  states  of  Massachusetts  and  Maine. 

Mr.  Webster  said  he  had  repeatedly  expressed  the  determination  to  vote 
for  no  acquisition,  or  cession,  or  annexation,  believing  we  had  territory  enough. 
But  Texas  was  now  in  with  all  her  territories,  as  a  slave  state,  with  a  pledge 
that,  if  divided  into  many  states,  those  south  of  36°  30'  might  "come  in  as 
slaves  states ;  and  he,  for  one,  meant  to  fulfill  the  obligation.  As  to  Califor 
nia  and  New  Mexico,  he  held  that  slavery  was  effectually  excluded  from  those 
territories  by  a  law  even  superior  to  that  which  admits  and  sanctions  it  in 
Texas — he  meant  the  law  of  nature.  The  physical  geography  of  the  country 
would  forever  exclude  African  slavery  there ;  and  it  needed  not  the  application 
of  a  proviso.  If  the  question  was  now  before  the  senate,  he  would  not  vote 
to  add  a  prohibition — to  reaffirm  an  ordinance  of  nature,  nor  reenact  the  will 
of  God  If  they  were  making  a  government  for  New  Mexico,  and  a  Wilmot 
proviso  were  proposed,  he  would  treat  it  as  Mr.  Polk  had  treated  it  in  the 
Oregon  bill.  Mr  Polk  was  opposed  to  it;  but  some  government  was  neces 
sary,  and  he  signed  the  bill,  knowing  that  the  proviso  was  entirely  nugatory. 

Both  the  north  and  the  south  had  grievances.  The  south  justly  complain 
ed  that  individuals  and  legislatures  of  the  north  refused  to  perform  their  con 
stitutional  duties  in  regard  to  returning  fugitive  slaves.  Members  of  the  north 
ern  legislatures  were  bound  by  oath  to  support  the  constitution  of  the  "United 
States  ;  and  the  clause  requiring  the  delivery  of  fugitive  slaves  was  as  binding 


REMARKS  OF  MR.  WEBSTER.  577 

as  any  other.  Complaints  had  also  been  made  against  certain  resolutions  em 
anating  from  legislatures  at  the  north  on  the  subject  of  slavery  in  the  district, 
and  sometimes  even  in  regard  to  its  abolition  in  the  states.  Abolition  societies 
were  another  subject  of  complaint.  These  societies  had  done  nothing  useful ; 
but  they  had  produced  mischief  by  their  interference  with  the  south.  He  re 
ferred  to  the  debate  in  the  Virginia  legislature  in  1832,  when  the  subject  of 
gradual  abolition  was  freely  discussed.  But  since  the  agitation  of  this  ques 
tion,  the  bonds  of  the  slave  had  been  more  firmly  riveted.  Again,  the  violence 
of  the  press  was  complained  of.  But  wherever  the  freedom  of  the  press  ex 
isted,  there  always  would  be  foolish  and  violent  paragraphs,  as  there  were 
foolish  and  violent  speeches  in  both  houses  of  congress.  He  thought,  however, 
the  north  had  cause  for  the  same  complaint  of  the  south.  But  of  these  griev 
ances  of  the  south,  one  only  was  within  the  redress  of  the  government ;  that 
was  the  want  of  proper  regard  to  the  constitutional  injunction  for  the  delivery 
of  fugitive  slaves. 

The  north  complained  of  the  south,  that,  when  the  former,  in  adopting  the 
constitution,  recognized  the  right  of  representation  of  the  slaves,  it  was  under 
a  state  of  sentiment  different  from  that  which  now  existed.  It  was  generally 
hoped  and  believed,  that  the  institution  would  be  gradually  extinguished ; 
instead  of  which,  it  was  now  to  be  cherished,  and  preserved,  and  extended ; 
and  for  this  purpose,  the  south  was  constantly  demanding  new  territory.  A 
southern  senator  had  said  that  the  condition  of  the  slaves  was  preferable  to 
that  of  the  laboring  population  of  the  north.  Said  Mr.  Webster :  Who  are 
the  north  ?  Five-sixths  of  the  whole  property  of  the  north  is  in  the  hands  of 
laborers,  who  cultivate  their  own  farms,  educate  their  children,  and  provide 
the  means  of  independence.  Those  who  were  not  freeholders,  earned  wages, 
which,  as  they  were  accumulated,  were  turned  into  capital. 

Another  grievance  at  the  north  was,  that  their  free  colored  citizens  em 
ployed  on  vessels  arriving  at  southern  ports,  were  taken  on  shore  by  the  muni 
cipal  authorities,  and  imprisoned  till  the  vessel  was  ready  to  sail.  This  was 
inconvenient  in  practice  ;  and  was  deemed  unjustifiable,  oppressive,  and  uncon 
stitutional.  It  was  a  great  grievance.  So  far  as  these  grievances  had  their 
foundation  in  matters  of  law,  they  could  and  ought  to  be  redressed ;  and  so 
far  as  they  rested  in  matters  of  opinion,  in  mutual  crimination  and  recrimina 
tion,  we  could  only  endeavor  to  allay  the  agitation,  and  cultivate  a  better  feel 
ing  between  the  south  and  the  north. 

Mr.  W  ebster  expressed  great  pain  at  hearing  secession  spoken  of  as  a  pos 
sible  event.  Said  he  :  Secession  !  Peaceable  secession  !  Sir,  your  eyes  and 
mine  are  never  destined  to  see  that  miracle.  Who  is  so  foolish — I  beg  every 
body's  pardon — as  to  expect  to  see  any  such  thing  ?  There  could  be  no  such 
thing  as  peaceable  secession — a  concurrent  agreement  of  the  members  of  this 
great  republic  to  separate  ?  Where  is  the  line  to  be  drawn  ?  What  states 
are  to  secede  ?  Where  is  the  flag  of  the  republic  to  remain  ?  What  is  to 
become  of  the  army  ? — of  the  navy  ? — of  the  public  lands  ?  How  is  each  of 
the  states  to  defend  itself  ?  To  break  up  this  great  government !  to  dismeia- 


578  KEPORT  OF  COMMITTEE. 

her  this  great  country  !  to  astonish  Europe  with  an  act  of  folly,  such  as 
Europe  for  two  centuries  has  never  beheld  in  any  government !  No,  sir  1  no, 
sir  !  There  will  be  no  secession.  Gentlemen  are  not  serious  when  they  talk 
of  secession." 

Mr.  Clay's  resolutions,  and  also  those  submitted  by  Mr.  Bell,  were  referred 
on  the  19th  of  April  to  a  select  committee  of  thirteen.  The  members  of  the 
committee  were  elected  by  ballot :  Henry  Clay,  chairman,  Bell,  Berrien, 
Downs,  King,  Mangum  and  Mason,  from  slave  states ;  Cass,  Webster,  Dickin 
son,  Phelps,  Cooper  and  Bright,  from  free  states.  On  the  8th  of  May,  Mr. 
Clay,  from  the  committee,  made  the  following  report : 

"The  senate's  committee  of  thirteen,  to  whom  were  referred  various  resolu 
tions  relating  to  California,  to  other  portions  of  the  territory  recently  acquired 
by  the  United  States  from  the  republic  of  Mexico,  and  to  other  subjects  con 
nected  with  the  institution  of  slavery,  have,  according  to  order,  had  these  reso 
lutions  and  subjects  under  consideration,  and  beg  leave  to  submit  the  following 
report :  The  committee  entered  on  the  discharge  of  their  duties  with  a  deep 
sense  of  their  great  importance,  and  with  earnest  and  anxious  solicitude  to  ar 
rive  at  such  conclusions  as  might  be  satisfactory  to  the  senate  and  to  the  coun 
try.  Most  of  the  matters  referred  have  not  only  been  subjected  to  extensive 
and  serious  public  discussions  throughout  the  country,  but  to  a  debate  in  the 
senate  itself,  singular  for  its  elaborateness  and  its  duration ;  so  that  a  full  ex 
position  of  all  those  motives  and  views  which,  on  several  subjects  confided  to 
the  committee,  have  determined  the  conclusions  at  which  they  have  arrived, 
seems  quite  unnecessary.  They  will,  therefore,  restrict  themselves  to  a  few 
general  observations,  and  to  some  reflections  which  grow  out  of  those  subjects. 

"  Out  of  our  recent  territorial  acquisitions,  and  in  connection  with  the  insti 
tution  of  slavery,  questions  most  grave  sprung,  which,  greatly  dividing  and 
agitating  the  people  of  the  United  States,  have  threatened  to  disturb  the  har 
mony,  if  not  to  endanger  the  safety  of  the  Union.  The  committee  believe  it 
to  be  highly  desirable  and  necessary  speedily  to  adjust  all  those  questions,  in  a 
spirit  of  concord,  and  in  a  manner  to  produce,  if  practicable,  general  satisfac 
tion.  They  think  it  would  be  unwise  to  leave  any  of  them  open  and  unsettled, 
to  fester  in  the  public  mind,  and  to  prolong,  if  not  aggravate,  the  existing  agi 
tation.  It  has  been  their  object,  therefore,  in  this  report,  to  make  such  propo 
sals  and  recommendations  as  would  accomplish  a  general  adjustment  of  all 
these  questions. 

"Among  the  subjects  referred  to  the  committee  which  command  their  first  at 
tention,  are  the  resolutions  offered  to  the  senate  by  the  senator  from  Tennessee, 
Mr.  Bell.  By  a  provision  in  the  resolution  of  congress  annexing  Texas  to  the 
United  States,  it  is  declared  that  'new  states  of  convenient  size,  not  exceeding 
four  in  number,  by  the  consent  of  said  state,  be  formed  out  of  the  territory 
thereof,  which  shall  be  entitled  to  admission,  under  the  provisions  of  the  fede 
ral  constitution ;  and  such  states  as  may  be  formed  out  of  that  portion  of  said 
territory  lying  south  of  36°  30'  north  latitude,  commonly  known  as  the  Mis- 


REPORT  OF  COMMITTEE.  579 

souri  compromise  line,  shall  be  admitted  into  the  Union  with  or  without  sla 
very,  as  the  people  of  each  state  asking  admission  may  desire. ' 
'  "  The  committee  were  unanimously  of  opinion,  that  whenever  one  or  more 
states,  formed  out  of  the  territory  of  Texas,  not  exceeding  four,  having  suffi 
cient  population,  with  the  consent  of  Texas,  may  apply  to  be  admitted  into  the 
Union,  they  are  entitled  to  such  admission,  beyond  all  doubt,  upon  the  clear, 
unambiguous,  and  absolute  terms  of  the  solemn  compact  contained  in  the  reso 
lution  of  annexation  adopted  by  congress,  and  assented  to  by  Texas.  But, 
whilst  the  committee  conceive  that  the  right  of  admission  into  the  Union  of  any 
new  state,  carved  out  of  the  territory  of  Texas,  not  exceeding  the  number 
specified,  and  under  the  conditions  stated,  cannot  be  justly  controverted,  the 
committee  do  not  think  that  the  formation  of  any  new  states  should  now  origi 
nate  with  congress.  The  initiative,  in  conformity  with  the  usage  which  has 
hitherto  prevailed,  should  be  taken  by  a  portion  of  the  people  of  Texas  them 
selves,  desirous  of  constituting  a  new  state,  with  the  consent  of  Texas.  And 
in  the  formation  of  such  new  states,  it  will  be  for  the  people  composing  it  to 
decide  for  themslves  whether  they  will  admit,  or  whether  they  will  exclude  sla 
very.  And  however  they  may  decide  that  purely  municipal  question,  congress 
is  bound  to  acquiesce,  and  to  fulfill  in  good  faith  the  stipulations  of  the  com 
pact  with  Texas.  The  committee  are  aware  that  it  has  been  contended  that 
the  resolution  of  congress  annexing  Texas  was  unconstitutional.  At  a  former 
epoch  of  our  country's  history,  there  were  those  (and  Mr.  Jefferson,  under 
whose  auspices  the  treaty  of  Louisiana  was  concluded,  was  among  them,)  who 
believed  that  the  states  formed  out  of  Louisiana  could  not  be  received  into  the 
Union  without  an  amendment  of  the  constitution.  But  the  state  of  Louisiana, 
Missouri,  Arkansas  and  Iowa  have  been  all,  nevertheless,  admitteed.  And 
who  would  now  think  of  opposing  Minnesota,  Oregon,  or  new  states  formed 
out  of  the  ancient  province  of  Louisiana,  upon  the  ground  of  an  alleged  original 
defect  of  constitutional  power  ?  In  grave  national  transactions,  while  yet  in 
their  earlier  or  incipent  stages,  differences  may  well  exist ;  but  when  once  they 
have  been  decided  by  a  constitutional  majority,  and  are  consummated,  or  in  a 
process  of  consummation,  there  can  be  no  other  safe  and  prudent  alternative 
than  to  respect  the  decision  already  rendered,  and  to  acquiesce  in  it.  Enter 
taining  these  views,  a  majority  of  the  committee  do  not  think  it  necessary  or 
proper  to  recommend,  at  this  time,  or  prospectively,  any  new  state  or  states  to 
be  formed  out  of  the  territory  of  Texas.  Should  any  such  state  be  hereafter 
formed,  and  present  itself  for  admission  into  the  Union,  whether  with  or  with 
out  the  establishment  of  slavery,  it  cannot  be  doubted  that  congress  will  admit 
it,  under  the  influence  of  similar  considerations,  in  regard  to  new  states  formed 
of  or  out  of  New  Mexico  and  Utah,  with  or  without  the  institution  of  slavery, 
according  to  the  constitutions  and  judgment  of  the  people  who  compose  them, 
as  to  what  may  be  best  to  promote  their  happiness. 

"  In  considering  the  question  of  the  admission  of  California  as  a  state  into 
the  Union,  a  majority  of  the  committee  conceive  that  any  irregularity,  by  which 
that  state  was  organized  without  the  previous  authority  of  any  act  of  congress, 


580  $..  REPORT  OF  COMMITTEE. 

ought  to  be  overlooked,  in  consideration  of  the  omission  by  congress  to  estab 
lish  any  territorial  government  for  the  people  of  California,  and  the  consequent 
necessity  which  they  were  under  to  create  a  government  for  themselves,  best 
adapted  to  their  own  wants.  There  are  various  instances,  prior  to  the  case  of 
California,  of  the  admission  of  new  states  into  the  Union  without  any  previous 
authorization  by  congress.  The  sole  condition  required  by  the  constitution  of 
the  United  States,  in  respect  to  the  admission  of  a  new  state,  is,  that  its  con 
stitution  shall  be  republican  in  form.  California  presents  such  a  constitution  ; 
and  there  is  no  doubt  of  her  having  a  greater  population  than  that  which,  ac 
cording  to  the  practice  of  the  government,  has  been  heretofore  deemed  suffi 
cient  to  receive  a  new  state  into  the  Union. 

"  In  regard  to  the  proposed  boundaries  of  California,  the  committee  would 
have  been  glad  if  there  existed  more  full  and  accurate  geographical  knowledge 
of  the  territory  which  these  boundaries  include.  There  is  reason  to  believe 
that,  large  as  they  are,  they  embrace  no  very  disproportionate  quantity  of  land 
adapted  to  cultivation.  And  it  is  known  that  they  contain  extensive  ranges 
of  mountains,  deserts  of  sand,  and  much  unproductive  soil.  It  might  have 
been,  perhaps,  better  to  have  assigned  to  California  a  more  limited  front  on  the 
Pacific ;  but  even  if  there  had  been  reserved,  on  the  shore  of  that  ocean,  a  por 
tion  of  the  boundary  which  it  presents,  for  any  other  state  or  states,  it  is  not 
very  certain  that  an  accessible  interior  of  sufficient  extent  could  have  been  giv 
en  to  them  to  render  an  approach  to  the  ocean,  through  their  own  limits,  of 
very  great  importance. 

"  A  majority  of  the  committee  think  that  there  are  many  and  urgent  concur 
ring  considerations  in  favor  of  admitting  California,  with  the  proposed  boun 
daries,  and  of  securing  to  her  at  this  time  the  benefits  of  a  state  government, 
If,  hereafter,  upon  an  increase  of  her  population,  a  more  thorough  exploration 
of  her  territory,  and  an  ascertainment  of  the  relations  which  may  arise  between 
the  people  occupying  its  various  parts,  it  should  be  found  conducive  to  their 
convenience  and  happiness  to  form  a  new  state  out  of  California,  we  have  every 
reason  to  believe,  from  past  experience,  that  the  question  of  its  admission  will 
be  fairly  considered  and  justly  decided. 

"A  majority  of  the  committee,  therefore,  recommend  to  the  senate  the  pass 
age  of  the  bill  reported  by  the  committee  on  territories,  for  the  admission  of 
California  as  a  state  into  the  Union.  To  prevent  misconception,  the  commit 
tee  also  recommend  that  the  amendment  reported  by  the  same  committee  to  the 
bill  be  adopted,  so  as  to  leave  incontestable  the  right  of  the  United  States 
to  the  public  domain  and  other  public  property  of  California. 

"  Whilst  a  majority  of  the  committee  believe  it  to  be  necessary  and  proper, 
under  actual  circumstances,  to  admit  California,  they  think  it  quite  as  necessary 
and  proper  to  establish  governments  for  the  residue  of  the  territory  derived 
from  Mexico,  and  to  bring  it  within  the  pale  of  the  federal  authority.  The 
remoteness  of  that  territory  from  the  seat  of  the  general  government ;  the  dis 
persed  state  of  its  population ;  the  variety  of  races — pure  and  mixed — of  which 
it  consists ;  the  ignorance  of  some  of  the  races  of  our  laws,  language,  and 


REPORT  OF  COMMITTEE.  »          581 

habits ;  their  exposure  to  inroads  and  wars  of  savage  tribes  ;  and  the  solemn 
stipulations  of  the  treaty  by  which  we  acquired  dominion  over  them — impose 
upon  the  United  States  the  imperative  obligation  of  extending  to  them  pro 
tection,  and  of  providing  for  them  government  and  laws  suited  to  their  condi 
tion.  Congress  will  fail  in  the  performance  of  a  high  duty,  if  it  do  not  give, 
or  attempt  to  give  to  them,  the  benefit  of  such  protection,  government,  and 
laws.  They  are  not  now,  and  for  a  long  time  to  come  may  not  be,  prepared 
for  state  government.  The  territorial  form,  for  the  present,  is  best  suited  to 
their  condition.  A  bill  has  been  reported  by  the  committee  on  territories,  di 
viding  all  the  territory  acquired  from  Mexico,  not  comprehended  within  the 
limits  of  California,  into  two  territories,  under  the  names  of  New  Mexico  and 
Utah,  and  proposing  for  each  a  territorial  government. 

"  The  committee  recommend  to  the  senate  the  establishment  of  those  terri 
torial  governments ;  and,  in  order  more  certainly  to  secure  that  desirable  ob 
ject,  they  also  recommend  that  the  bill  for  their  establishment  be  incorporated 
in  the  bill  for  the  admission  of  California,  and  that,  united  together,  they  both 
be  passed. 

"The  combination  of  the  two  measures  in  the  same  bill  is  objected  to  on  vari 
ous  grounds.  It  is  said  that  they  are  incongruous,  and  have  no  necessary  con 
nection  with  each  other.  A  majority  of  the  committee  think  otherwise.  The 
object  of  both  measures  is  the  establishment  of  a  government  suited  to  the  con 
ditions,  respectively,  of  the  proposed  new  state  and  of  the  new  territories. 
Prior  to  their  transfer  to  the  United  States,  they  both  formed  a  part  of  Mex 
ico,  where  they  stood  in  equal  relations  to  the  government  of  that  republic. 
They  were  both  ceded  to  the  United  States  by  the  same  treaty.  And,  in  the 
same  article  of  that  treaty,  the  United  States  engaged  to  protect  and  govern 
both.  Common  in  their  origin,  common  in  their  alienation  from  one  foreign 
government  to  another,  common  in  their  wants  of  good  government,  and  con 
terminous  in  some  of  their  boundaries,  and  alike  in  many  particulars  of  physi 
cal  condition,  they  have  nearly  every  thing  in  common  in  the  relation  in  which 
they  stand  to  the  rest  of  the  Union.  There  is,  then,  a  general  fitness  and  pro 
priety  in  extending  the  parental  care  of  government  to  both  in  common.  If 
California,  by  a  sudden  and  extraordinary  augmentation  of  population,  has  ad 
vanced  so  rapidly  as  to  mature  for  herself  a  state  government,  that  furnishes 
no  reason  why  the  less  fortunate  territories  of  New  Mexico  and  Utah  should 
be  abandoned  and  left  ungoverned  by  the  United  States,  or  should  be  discon 
nected  with  California,  which,  although  she  has  organized  for  herself  a  state 
government,  must,  legally  and  constitutionally,  be  regarde"d  as  a  territory  until 
she  is  actually  admitted  as  a  state  into  the  Union. 

"  It  is  further  objected  that,  by  combining  the  two  measures  in  the  same  bill, 
members  who  may  be  willing  to  vote  for  one,  and  unwilling  to  vote  for  the 
other,  would  be  placed  in  an  embarrassing  condition.  They  would  be  con 
strained,  it  is  urged,  to  take  or  reject  both.  On  the  other  hand,  there  are  other 
members  who  would  be  willing  to  vote  for  both  united,  but  would  feel  them 
selves  constrained  to  vote  against  the  California  bill  if  it  stood  alone.  Each 


582  «  REPORT  OF  COMMITTEE. 

party  finds  in  the  bill  which  it  favors  something  which  commends  it  to  accept 
ance,  and  in  the  other  something  which  it  disapproves.  The  true  ground, 
therefore,  of  the  objection  to  the  union  of  the  measures  is  not  any  want  of  af 
finity  between  them,  but  because  of  the  favor  or  disfavor  with  which  they  are 
respectively  regarded.  In  this  conflict  of  opinion,  it  seems  to  a  majority  of 
the  committee  that  a  spirit  of  mutual  concession  enjoins  that  the  two  meas 
ures  should  be  connected  together — the  effect  of  which  will  be,  that  neither 
opinion  will  exclusively  triumph,  and  that  both  may  find,  in  such  an  amicable 
arrangement,  enough  of  good  to  reconcile  them  to  the  acceptance  of  the  com 
bined  measure.  And  such  a  course  of  legislation  is  not  at  all  unusual.  Few 
laws  have  ever  passed  in  which  there  were  not  parts  to  which  exception  was 
taken.  It  is  inexpedient,  if  not  impracticable,  to  separate  these  parts,  and  em 
body  them  in  distinct  bills,  so  as  to  accommodate  the  diversity  of  opinion  which 
may  exist.  The  constitution  of  the  United  States  contained  in  it  a  great  va 
riety  of  provisions,  to  some  of  which  serious  objection  was  made  in  the  con 
vention  which  formed  it,  by  different  members  of  that  body ;  and,  when  it  was 
submitted  to  the  ratification  of  the  states,  some  of  them  objected  to  some 
parts,  and  others  to  other  parts,  of  the  same  instrument.  Had  these  various 
parts  and  provisions  been  separately  acted  on  in  the  convention,  or  separately 
submitted  to  the  people  of  the  United  States,  it  is  by  no  means  certain  that 
the  constitution  itself  would  ever  have  been  adopted  or  ratified.  Those  who 
did  not  like  particular  provisions  found  compensation  in  other  parts  of  it.  And 
in  all  cases  of  constitution  and  laws,  when  either  is  presented  as  a  whole,  the 
question  to  be  decided  is,  whether  the  good  which  it  contains  is  not  of  greater 
amount,  and  capable  of  neutralizing  anything  objectionable  in  it.  And,  as 
nothing  human  is  perfect,  for  the  sake  of  that  harmony  so  desirable  in  such  a 
confederacy  as  this,  we  must  be  reconciled  to  secure  as  much  as  we  can  of  what 
we  wish,  and  be  consoled  by  the  reflection  that  what  we  do  not  exactly  like  is 
a  friendly  concession,  and  agreeable  to  those  who,  being  united  with  us  in  a 
common  destiny,  it  is  desirable  should  always  live  with  us  in  peace  and  con 
cord. 

"  A  majority  of  the  committee  have,  therefore,  been  led  to  the  recommenda 
tion  to  the  senate  that  the  two  measures  be  united.  The  bill  for  establishing 
the  two  territories,  it  will  be  observed,  omits  the  Wilmot  proviso  on  the  one 
hand,  and,  on  the  other,  makes  no  provision  for  the  introduction  of  slavery  into 
any  part  of  the  new  territories. 

"  That  proviso  has  been  the  fruitful  source  of  distraction  and  agitation.  If 
it  were  adopted  and  applied  to  any  territory,  it  would  cease  to  have  any  obli 
gatory  force  as  soon  as  such  territory  were  admitted  as  a  state  into  the  Union. 
There  was  never  any  occasion  for  it  to  accomplish  the  professed  object  with 
which  it  was  originally  offered.  This  has  been  clearly  demonstrated  by  the 
current  of  events.  California,  of  all  the  recent  territorial  acquisitions  from 
Mexico,  was  that  in  which,  if  anywhere  within  them,  the  inti-oduction  of  slavery 
was  most  likely  to  take  place ;  and  the  constitution  of  California,  by  the  unan 
imous  vote  of  her  convention,  has  expressly  interdicted  it.  There  is  the  high- 


REPORT  OF  COMMITTEE.  583 

est  degree  of  probability  that  Utah  and  New  Mexico  will,  when  they  come  to 
be  admitted  as  states,  follow  the  example.  The  proviso  is,  as  to  all  those  re 
gions  in  common,  a  mere  abstraction.  Why  should  it  be  any  longer  insisted 
on  ?  Totally  destitute  as  it  is  of  any  practical  import,  it  has,  nevertheless, 
had  the  pernicious  effect  to  excite  serious,  if  not  alarming  consequences.  It 
is  high  time  that  the  wounds  which  it  has  inflicted  should  be  healed  up  and 
closed.  And,  to  avoid,  in  all  future  time,  the  agitations  which  must  be  pro 
duced  by  the  conflict  of  opinion  on  the  slavery  question,  existing  as  this  insti 
tution  does  in  some  of  the  states,  and  prohibited  as  it  is  in  others,  the  true 
principle  which  ought  to  regulate  the  action  of  congress  in  forming  territorial 
governments  for  each  newly-acquired  domain,  is  to  refrain  from  all  legislation 
on  the  subject  in  the  territory  acquired,  so  long  as  it  retains  the  territorial 
form  of  government — leaving  it  to  the  people  of  such  territory,  when  they  have 
attained  to  the  condition  which  entitles  them  to  admission  as  a  state,  to  decide 
for  themselves  the  question  of  the  allowance  or  prohibition  of  domestic  slav 
ery.  The  committee  believe  that  they  express  the  anxious  desire  of  an  im 
mense  majority  of  the  people  of  the  United  States,  when  they  declare  that  it 
is  high  time  that  good  feeling,  harmony,  and  fraternal  sentiment  should  be 
again  revived,  and  that  the  government  should  be  able  once  more  to  proceed 
in  its  great  operations  to  promote  the  happiness  and  prosperity  of  the  country, 
undisturbed  by  this  distracting  cause. 

"  As  for  California — far  from  seeing  her  sensibility  affected  by  her  being  as 
sociated  with  other  kindred  measures — she  ought  to  rejoice  and  be  highly  grat 
ified  that,  in  entering  into  the  Union,  she  may  have  contributed  to  the  tran- 
quility  and  happiness  of  the  great  family  of  states,  of  which,  it  is  to  be  hoped, 
<$he  may  one  day  be  a  distinguished  member. 

"  The  committee  beg  leave  next  to  report  on  the  subject  of  the  northern  and 
western  boundary  of  Texas.  On  that  question  a  great  diversity  of  opinion 
has  prevailed.  According  to  one  view  of  it,  the  western  limit  of  Texas  was 
the  Nueces ;  according  to  another,  it  extended  to  the  Rio  Grande,  and  stretch 
ed  from  its  mouth  to  its  source.  A  majority  of  the  committee  having  come  to 
the  conclusion  of  recommending  an  amicable  adjustment  of  the  boundary  with 
Texas,  abstain  from  expressing  any  opinion  as  to  the  true  and  legitimate  west 
ern  and  northern  boundary  of  that  state.  The  terms  proposed  for  such  an  ad 
justment  are  contained  in  the  bill  herewith  reported,  and  they  are,  with  incon 
siderable  variation,  the  same  as  that  reported  by  the  committee  on  territories. 

"  According  to  these  terms,  it  is  proposed  to  Texas  that  her  boundary  be 
recognized  to  the  Rio  Grande,  and  up  that  river  to  the  point  commonly  called 
El  Paso,  and  thence  running  up  that  river  twenty  miles,  measured  thereon  by 
a  straight  line,  and  thence  eastwardly  to  a  point  where  the  hundredth  degree 
of  west  longitude  crosses  Red  River ;  being  the  southwest  angle  in  the  line 
designated  between  the  United  States  and  Mexico,  and  the  same  angle  in  the 
line  of  the  territory  set  apart  for  the  Indians  by  the  United  States. 

"  If  this  boundary  be  assented  to  by  Texas,  she  will  be  quieted  to  that  ex 
tent  in  her  title.  And  some  may  suppose  that,  in  consideration  of  this  conces- 


584  REPORT  OF  COMMITTEE. 

sion  by  the  United  States,  she  might,  without  any  other  equivalent,  relinquish 
any  claim  she  has  beyond  the  proposed  boundary ;  that  is,  any  claim  to  any 
part  of  New  Mexico.  But,  under  the  influence  of  sentiments  of  justice  and 
great  liberality,  the  bill  proposes  to  Texas,  for  her  relinquishment  of  any  such 
claim,  a  large  pecuniary  equivalent.  As  a  consideration  for  it,  and  consider 
ing  that  a  portion  of  the  debt  of  Texas  was  created  on  a  pledge  to  her  credi 
tors  of  the  duties  on  foreign  imports,  transferred  by  the  resolution  of  annexa 
tion  to  the  United  States,  and  now  received  and  receivable  in  her  treasury,  a 

majority  of  the  committee  recommend  the  payment  of  the  sum  of  • millons 

of  dollars  to  Texas,  to  be  applied  in  the  first  instance  to  the  extinction  of  that 
portion  of  her  debt  for  the  reimbursement  of  which  the  duties  on  foreign  im 
ports  were  pledged  as  aforesaid,  and  the  residue  in  such  manner  as  she  may  di 
rect.  The  sum  is  to  be  paid  by  the  United  .States,  in  a  stock,  to  be  created, 
bearing  five  per  cent,  interest  annually,  payable  half-yearly,  at  the  treasury  of 
the  United  States,  and  the  principal  reimbursable  at  the  end  of  fourteen  years. 

"According  to  an  estimate  which  has  been  made,  there  are  included  in  the 
territory  to  which  it  is  proposed  that  Texas  shall  relinquish  her  claim,  embrac 
ing  that  part  of  New  Mexico  lying  east  of  the  Rio  Grande,  a  little  less  than 
124,933  square  miles,  and  about  79,95*7,120  acres  of  land.  From  the  pro 
ceeds  of  the  sale  of  this  land,  the  United  States  may  ultimately  be  reimbursed 
a  portion,  if  not  the  whole,  of  the  amount  of  what  is  thus  proposed  to  be  ad 
vanced  to  Texas. 

"  It  cannot  be  anticipated  that  Texas  will  decline  to  accede  to  these  liberal 
propositions ;  but  if  she  should,  it  is  to  be  distinctly  understood  that  the  title 
of  the  United  States  to  any  territory  acquired  from  Mexico,  east  of  the  Rio 
Grande,  will  remain  unimpared,  and  in  the  same  condition  as  if  the  proposals  of 
adjustment  now  offered  had  never  been  made. 

"  A  majority  of  the  committee  recommend  to  the  senate  that  the  section  con 
taining  these  proposals  to  Texas  shall  be  incorporated  into  the  bill  embracing 
the  admission  of  California  as  a  state,  and  the  establishment  of  territorial  gov 
ernments  for  Utah  and  New  Mexico.  The  definition  and  establishment  of  the 
boundary  between  New  Mexico  and  Texas  have  an  intimate  and  necessary  con 
nection  with  the  establishment  of  a  territorial  government  for  New  Mexico. 
To  form  a  territorial  government  for  New  Mexico,  without  prescribing  the  lim 
its  of  the  territory,  would  leave  the  work  imperfect  and  incomplete,  and  might 
expose  New  Mexico  to  serious  controversy,  if  not  dangerous  collisions,  with 
the  state  of  Texas.  And  most,  if  not  all,  of  the  considerations  which  unite  in 
favor  of  combining  the  bill  for  the  admission  of  California  as  a  state  and  the 
territorial  bills,  apply  to  the  boundary  question  of  Texas.  By  the  union  of 
the  three  measures,  every  question  of  difficulty  and  division  which  has  arisen 
out  of  the  territorial  acquisition  from  Mexico,  will,  it  is  hoped,  be  adjusted,  or 
placed  in  a  train  of  satisfactory  adjustment.  The  committee,  availing  them 
selves  of  the  arduous  and  valuable  labors  of  the  committee  on  territories,  report 
a  bill,  herewith  annexed,  (marked  A,)  embracing  those  three  measures,  the 
passage  of  which,  uniting  them  together,  they  recommend  to  the  senate. 


REPORT  OF  COMMITTEE.  585 

"  The  committee  will  now  proceed  to  the  consideration  of,  and  to  report  upon 
the  subject  of  persons  owing  service  or  labor  in  one  state  escaping  into  anoth 
er.     The  text  of  the  constitution  is  quite  clear :  "  No  person  held  to  labor  or 
service  in  one  state,  under  the  laws  thereof,  escaping  into  another,  shall,  in 
consequence  of  any  law  or  regulation  threin,  be  discharged  from  sucli  service 
or  labor,  but  shall  be  delivered  up  on  the  claim  of  the  party  to  whom  such 
service  or  labor  is  due."     Nothing  can  be  more  explicit  than  this  language; 
nothing  more  manifest  than  the  right  to  demand,  and  the  obligation  to  deliver 
up  to  the  claimant,  any  such  fugitive.     And  the  constitution  addresses  itself 
alike  to  the  states  composing  the  Union  and  to  the  general  government.     If, 
indeed,  there  were  any  difference  in  the  duty  to  enforce  this  portion  of  the  con 
stitution  between  the  states  and  the  federal  government,  it  is  more  clear  that 
it  is  that  of  the  former  than  of  the  latter.     But  it  is  the  duty  of  both.     It  is 
well  known  and  incontestable  that  citizens  of  slaveholding  states  encounter  the 
greatest  difficulty  in  obtaining  the  benefit  of  this  provision  of  the  constitution. 
"  The  attempt  to  recapture  a  fugitive  is  almost  always  the  subject  of  great 
irritation  and  excitement,  and  often  leads  to  most  unpleasant,  if  not  perilous 
collisions.     An  owner  of  a  slave,  it  is  quite  notorious,  cannot  pursue  his  prop 
erty,  for  the  purpose  of  its  recovery,  in  some  of  the  states,  without  iminent 
personal  hazard.     This  is  a  deplorable  state  of  things,  which  ought  to  be  re 
medied.     The  law  of   1793  has  been  found  wholly  ineffectual,  and  requires 
more  stringent  enactments.     There  is  especially  a  deficiency  in  the  number  of 
public  functionaries  authorized  to  afford  aid  in  the  seizure  and  arrest  of  fugi 
tives.     Yarious  states  have  declined  to  afford  aid  and  cooperation  in  the  sur 
render  of  fugitives  from  labor,  as  the  committee  believe,  from  a  misconception 
of  their  duty,  arising  under  the  constitution  of  the  United  States.     It  is  true 
that  a  decision  of  the  supreme  court  of  the  United  States  has  given  counten 
ance  to  them  in  witholding  their  assistance.     But  the  committee  cannot  but 
believe  that  the  intention  of  the  supreme  court  has  been  misunderstood.     They 
cannot  but  think  that  that  court  merely  meant  that  laws  of  the  several  states, 
which  created  obstacles  in  the  way  of  the  recovery  of  fugitives,  were  not  au 
thorized  by  the  constitution,  and  not  that  the  state  laws  affording  facilities  in 
the  recovery  of  fugitives  were  forbidden  by  that  instrument.     The  non-slave- 
holding  states,  whatever  sympathies  any  of  their  citizens  may  feel  for  persons 
who  escape  from  other  states,  cannot  discharge  themselves  from  an  obligation 
to  enforce  the  constitution  of  the  United  States.     All  parts  of  the  instrument 
being  dependent  upon,  and  connected  with  each  other,  ought  to  be  fairly  and 
justly  enforced.     If  some  states  may  seek  to  exonerate  themselves  from  one 
portion  of  the  constitution,  other  states  may  endeavor  to  evade  the  perform 
ance  of  the  other  portions  of  it ;  and  thus  the  instrument,  in  some  of  the  most 
important  provisions,  might  become  inoperative  and  invalid. 

"But,  whatever  may  be  the  conduct  of  individual  states,  the  duty  of  the 

general  government  is  perfectly  clear.     That  duty  is,  to  amend  the  existing  law, 

and  provide  an  effectual  remedy  for  the  recovery  of  fugitives  from  service  or 

labor.     In  devising  such  a  remedy,  congress  ought,  whilst,  on  the  one  hand,  se- 

38 


586  REPORT  OF  COMMITTEE. 

curing  to  the  owner  the  fair  restoration  of  his  property,  effectually  to  guard, 
on  the  other,  against  any  abuses  in  the  application  of  that,  remedy. 

"In  all  cases  of  arrest,  within  a  state,  of  persons  charged  with  offenses ;  in 
all  cases  of  the  pursuit  of  fugitives  from  justice  from  one  staie  to  another  state; 
in  all  cases  of  extradition,  provided  for  by  treaties  between  foreign  powers, 
the  proceeding  uniformly  is  summary.  It  has  never  been  thought  necessary  to 
apply,  in  cases  of  that  kind,  the  form  and  ceremonies  of  a  final  trial.  And, 
when  that  trial  does  take  place,  it  is  in  the  state  or  country  from  which  the 
party  has  fled,  and  not  in  that  in  which  he  has  found  refuge.  By  the  express 
language  of  the  constitution,  whether  the  fugitive  is  held  to  service  or  labor, 
or  not,  is  to  be  determined  by  the  laws  of  the  state  from  which  he  fled;  and, 
consequently,  it  is  most  proper  that  the  tribunals  of  that  state  should  expound 
and  administer  its  own  laws.  If  there  have  been  any  instances  of  abuse  in  the 
erroneous  arrest  of  fugitives  from  service  or  labor,  the  committee  have  not  ob 
tained  knowledge  of  them.  They  believe  that  none  have  occurred,  and  that 
such  are  not  likely  to  occur.  But,  in  order  to  guard  against  the  possibility  of 
their  occurrence,  the  committee  have  prepared,  and  herewith  report  a  section, 
(marked  B,)  to  be  offered  to  the  fugitive  bill  now  before  the  senate.  Accord 
ing  to  this  section,  the  owner  of  a  fugitive  from  service  or  labor  is,  when 
practicable,  to  carry  with  him  to  the  state  in  which  the  person  is  found  a  record 
from  a  competent  tribunal,  adjudicating  the  fact  of  elopement  and  slavery,  with 
a  general  description  of  the  fugitive.  This  record,  properly  attested  and  cer 
tified  under  the  official  seal  of  the  court,  being  taken  to  the  state  where  the 
person  owing  service  or  labor  is  found,  is  to  be  held  competent  and  sufficient 
evidence  of  the  facts  which  had  been  adjudicated,  and  will  leave  nothing  more 
to  be  done  than  to  identify  the  fugitive. 

"  Numerous  petitions  have  been  presented  praying  for  a  trial  by  jury,  in  the 
case  of  arrest  of  fugitives  from  service  or  labor  in  the  non-slaveholding  states. 
It  has  been  already  shown  that  this  would  be  entirely  contrary  to  practice  and 
uniform  usage  in  all  similar  cases.  Under  the  name  of  a  popular  and  cherish 
ed  institution — an  institution,  however,  never  applied  in  cases  of  preliminary 
proceeding,  and  only  in  cases  of  final  trial — there  would  be  a  complete  mockery 
of  justice,  so  far  as  the  owner  of  the  fugitive  is  concerned.  If  the  trial  by  jury 
be  admitted,  it  would  draw  after  it  its  usual  consequences ;  of  continuance 
from  time  to  time,  to  bring  evidence  from  distant  places ;  of  second  or  new 
trials,  in  cases  where  the  jury  is  hung,  or  the  verdict  set  aside  ;  and  of  revi- 
sals  of  the  verdict  and  conduct  of  the  juries  by  competent  tribunals.  During 
the  progress  of  all  these  dilatory  and  expensive  proceedings,  what  security  is 
there  as  to  the  custody  and  forthcoming  of  the  fugitive  upon  their  termination? 
And  if,  finally,  the  claimant  should  be  successful,  contrary  to  what  happens  in 
ordinary  litigation  between  free  persons,  he  would  have  to  bear  all  the  burdens 
and  expenses  of  the  litigation,  without  indemnity,  and  would  learn,  by  sad  ex 
perience,  that  he  had  by  far  better  abandoned  his  right  in  the  first  instance, 
than  to  establish  it  at  such  unremunerated  cost  and  heavy  sacrifice. 

"  But,  whilst  the  committee  conceive  that  a  trial  by  jury  in  a  state  where  a 


REPORT  OF  COMMITTEE.  587 

fugitive  from  service  or  labor  is  recaptured,  would  be  a  virtual  denial  of  justice 
to  the  claimant  of  snch  fugitive,  and  would  be  tantamount  to  a  positive  refusal 
to  execute  the  provision  of  the  constitution,  the  same  objections  do  net  apply 
to  such  a  trial  in  the  state  from  which  he  fled.  In  the  slaveholding  states,  full 
justice  is  administered,  with  entire  fairness  and  impartiality,  in  cases  of  all  ac 
tions  for  freedom.  The  person  claiming  his  freedom  is  allowed  to  sue  in  for 
ma  paujjeris ;  counsel  is  assigned  him ;  time  is  allowed  him  to  collect  his  wit 
nesses  and  to  attend  the  sessions  of  the  court ;  and  his  claimant  is  placed  un 
der  bond  and  security,  or  is  divested  of  the  possession  during  the  progress  of 
the  trial,  to  insure  the  enjoyment  of  these  privileges ;  and,  if  there  be  any 
leaning  on  the  part  of  courts  and  juries,  it  is  always  to  the  side  of  the  claim 
ant  for  freedom. 

"In  deference  to  the  feelings  and  prejudices  which  prevail  in  non-slaveholding 
states,  the  committee  propose  such  a  trial  in  the  state  from  which  the  fugitive 
fled,  in  all  cases  where  he  declares  to  the  officer  giving  the  certificate  for  his  re 
turn  that  he  has  a  right  to  his  freedom.  Accordingly,  the  committee  have 
prepared,  and  report  herewith,  (marked  C,)  two  sections  which  they  recom 
mend  should  be  incorporated  in  the  fugitive  bill,  pending  in  the  senate.  Ac 
cording  to  these  sections,  the  claimant  is  placed  under  bond,  and  required  to 
return  the  fugitive  to  that  county  in  the  state  from  which  he  fled,  and  there  to 
take  him  before  a  competent  tribunal,  and  allow  him  to  assert  and  establish  his 
freedom,  if  he  can,  affording  to  him  for  that  purpose  all  needful  facilities. 

"The  committee  indulge  the  hope  that  if  the  fugitive  bill,  with  the  proposed 
amendments,  shall  be  passed  by  congress,  it  will  be  effectual  to  secure  the  re 
covery  of  all  fugitives  from  service  or  labor,  and  it  will  remove  all  causes  of 
complaint  which  have  hitherto  been  experienced  on  that  irritating  subject. 
But  if,  in  its  practical  operation,  it  shall  be  found  insufficient,  and  if  no  ade 
quate  remedy  can  be  devised  for  the  restoration  to  their  owners  of  fugitive 
slaves,  those  owners  shall  have  a  just  title  to  indemnity  out  of  the  treasury  of 
the  United  States. 

"It  remains  to  report  upon  the  resolutions  in  relation  to  slavery  and  the 
slave-trade  in  the  District  of  Columbia.  Without  discussing  the  power  of 
congress  to  abolish  slavery  within  the  district,  in  regard  to  which  a  diversity 
of  opinion  exists,  the  committee  are  of  opinion  that  it  ought  not  to  be  abolish 
ed.  It  could  not  be  done  without  indispensable  conditions  which  are  not  likely 
to  be  agreed  to.  It  could  not  be  done  without  exciting  great  apprehension 
and  alarm  in  the  slave  states.  If  the  power  were  exercised  within  this  district, 
they  would  apprehend  that,  under  some  pretext  or  another,  it  might  hereafter 
be  attempted  to  be  exercised  within  the  slaveholding  states.  It  is  true  that,  at 
present,  all  such  power  within  those  states  is  almost  unanimously  disavowed  and 
disclaimed  in  the  free  states.  But  experience  in  public  affairs  has  too  often 
shown  that  where  there  is  a  desire  to  do  a  particular  thing,  the  power  to  ac 
complish  it,  sooner  or  later,  will  be  found  or  assumed. 

"  Nor  does  the  number  of  slaves  within  the  district  make  the  abolition  of 
slavery  an  object  of  any  such  consequence  as  appears  to  be  attached  to  it  in 


588  REPORT  OF  COMMITTEE. 

some  parts  of  the  Union.  Since  the  retrocession  of  Alexandria  county  to 
Virginia,  on  the  south  side  of  the  Potomac,  the  district  now  consists  only  of 
Washington  county,  on  the  north  side  of  that  river ;  and  the  returns  of  the 
decenary  enumeration  of  the  people  of  the  United  States  show  a  rapidly  pro 
gressing  decrease  in  the  number  of  slaves  in  Washington  county.  According 
to  the  census  of  1830,  the  number  was  4,505  ;  and  in  1840  it  was  reduced 
to  3,320  ;  showing  a  reduction  in  ten  years  of  nearly  one-third.  If  it  should 
continue  in  the  same  ratio,  the  number,  according  to  the  census  now  about  to 
be  taken,  will  be  only  a  little  upward  of  two  thousand. 

"But  a  majority  of  the  committee  think  differently  in  regard  to  the  slave 
trade  within  the  district.  By  that  trade  is  meant  the  introduction  of  slaves 
from  adjacent  states  into  the  district,  for  sale,  or  to  be  placed  in  depot  for  the 
purpose  of  subsequent  sale  or  transportation  to  other  and  distant  markets. 
That  trade,  a  majority  of  the  committee  are  of  opinion,  ought  to  be  abolished. 
Complaints  have  always  existed  against  it,  no  less  on  the  part  of  members  of 
congress  from  the  south  than  on  the  part  of  members  from  the  north.  It  is  a 
trade  sometimes  exhibiting  revolting  spectacles,  and  one  in  which  the  people 
of  the  district  have  no  interest,  but,  on  the  contrary,  are  believed  to  be  desi 
rous  that  it  should  be  discontinued.  Most,  if  not  all,  of  the  slaveholding 
states  have,  either  in  their  constitutions  or  by  penal  enactments,  prohibited  a 
trade  in  slaves  as  merchandise  within  their  respective  jurisdictions.  Congress, 
standing  in  regard  to  this  district,  on  this  subject,  in  a  relation  similar  to  that 
of  the  state  legislatures  to  the  people  of  the  states,  may  safely  follow  the  ex 
ample  of  the  states.  The  committee  have  prepared,  and  herewith  report,  a 
bill  for  the  abolition  of  that  trade  (marked  D),  the  passage  of  which  they 
recommend  to  the  senate.  This  bill  has  been  framed  after  the  model  of  what 
the  law  of  Maryland  was  when  the  general  government  was  removed  to  Wash 
ington. 

"The  views  and  recommendations  contained  in  this  report  may  be  recapitu 
lated  in  a  few  words  : 

"1.  The  admission  of  any  new  state  or  states  formed  out  of  Texas  to  be 
postponed  until  they  shall  hereafter  present  themselves  to  be  received  into  the 
Union,  when  it  will  be  the  duty  of  congress  fairly  and  faithfully  to  execute  the 
compact  with  Texas,  by  admitting  such  new  state  or  states. 

"  2.  The  admission  forthwith  of  California  into  the  Union,  with  the  bound 
aries  which  she  has  proposed. 

"3.  The  establishment  of  territorial  governments,  without  the  Wilmot 
proviso,  for  New  Mexico  and  Utah,  embracing  all  the  territory  recently 
acquired  by  the  United  States  from  Mexico,  not  contained  in  the  boundaries 
of  California. 

"4.  The  combination  of  these  two  last  mentioned  measures  in  the  same  bill. 

"5.  The  establishment  of  the  western  and  northern  boundaries  of  Texas,  and 
the  exclusion  from  her  jurisdiction  of  all  New  Mexico,  with  the  grant  to  Texas 
of  a  pecuniary  equivalent ;  and  the  section  for  that  purpose  to  be  incorporated 


REPORT  OF  COMMITTEE.  589 

in  the  bill  admitting  California  and  establishing  territorial  governments  for 
Utah  and  New  Mexico. 

"  6.  More  effectual  enactments  of  law  to  secure  the  prompt  delivery  of  per 
sons  bound  to  service  or  labor  in  one  state,  under  the  laws  thereof,  who  es 
cape  into  another  state  ;  and, 

"  7.  Abstaining  from  abolishing  slavery ;  but,  under  a  heavy  penalty,  prohibit 
ing  the  slave-trade  in  the  District  of  Columbia. 

"  If  such  of  these  several  measures  as  require  legislation  should  be  carried 
out  by  suitable  acts  of  congress,  all  controversies  to  which  our  late  territorial 
acquisitions  have'  given  rise,  and  all  existing  questions  connected  with  the  in 
stitution  of  slavery,  whether  resulting  from  those  acquisitions,  or  from  its  exis 
tence  in  the  states  and  the  District  of  Columbia,  will  be  amicably  settled  and 
adjusted,  in  a  manner,  it  is  confidently  believed,  to  give  general  satisfaction  to 
an  overwhelming  majority  of  the  people  of  thy  United  States.  Congress  will 
have  fulfilled  its  whole  duty  in  regard  to  the  vast  country  which,  having  been 
ceded  by  Mexico  to  the  United  Elates,  has  fallen  under  their  dominion.  It 
will  have  extended  to  it  protection,  provided  for  its  several  parts  the  inestima 
ble  blessing-  of  free  and  regular  government,  adapted  to  their  various  wants, 
and  placed  the  whole  under  the  banner  and  the  flag  of  the  United  States. 
Meeting  courageously  its  clear  and  entire  duty,  congress  will  escape  the  un 
merited  reproach  of  having,  from  considerations  of  doubtful  policy,  abandoned 
to  an  undeserved  fate  territories  of  boundless  extent,  with  a  sparse,  incongru 
ous,  and  alien,  if  not  unfriendly  population,  speaking  different  languages,  and 
accustomed  to  different  laws,  whilst  that  population  is  making  irresistible  ap 
peals  to  the  new  sovereignty  to  which  they  have  been  transferred  for  protec 
tion,  for  government,  for  law,  and  for  order. 

"  The  committee  have  endeavored  to  present  to  the  senate  a  comprehensive 
plan  of  addjustment,  which,  removing  all  causes  of  existing  excitement  and 
agitation,  leaves  none  open  to  divide  the  country  and  disturb  the  general  har 
mony.  The  nation  has  been  greatly  convulsed,  not  by  measures  of  general 
policy,  but  by  questions  of  a  sectional  character,  and,  therefore,  more  danger 
ous,  and  more  to  be  deprecated.  It  wants  repose.  It  loves  and  cherishes  the 
Union.  And  it  is  most  cheering  and  gratifying  to  witness  the  outbursts  of 
deep  and  abiding  attachment  to  it,  which  have  been  exhibited  in  all  parts  of 
it,  amidst  all  the  trials  through  which  we  have  passed,  and  are  passing.  A 
people  so  patriotic  as  those  of  the  United  States,  will  rejoice  in  an  accommo 
dation  of  all  troubles  and  difficulties  by  which  the  safety  of  the  Union  might 
have  been  brought  into  the  least  danger.  And,  under  the  blessing  of  that 
Providence  who,  amidst  all  vicissitudes,  has  never  ceased  to  extend  to  them 
His  protecting  care,  His  smiles,  His  blessings,  they  will  continue  to  advance 
in  population,  power,  and  prosperity,  and  work  out  triumphantly  the  glorious 
problem  of  man's  capacity  for  self-government." 

The  debate  on  the  principal  bill  reported,  continued  in  the  senate  until  July. 
The  grouping  of  so  many  subjects  in  one  bill  gave  it  the  name  of  "  the  omni 
bus."  In  its  passage  through  the  senate  it  had  been  trimmed  down  by  amend- 


590 

ments,  so  that  but  a  small  portion  of  the  original  remained,  and  it  passed  only 
as  "a  bill  to  provide  for  the  territorial  government  of  Utah."  It  was  sent  to 
the  house,  where  it  was  received  with  merriment.  Its  dismemberment  was  call 
ed  "upsetting  the  omnibus."  Subsequently,  all  the  bills  originally  included 
in  Mr.  Clay's  omnibus  were  passed.  California  was  admitted  as  a  free  state; 
the  territory  of  New  Mexico  organized  ;  the  boundary  of  Texas  established ; 
the  territory  of  Utah  organized.  The  bill  also  to  abolish  the  slave-trade  in 
the  District  of  Columbia,  and  the  fugitive  slave  law  were  passed.  These  acts 
are  substantially  as  follows  : 

ADMISSION   OF   CALIFORNIA. 

Whereas,  the  people  of  California  have  presented  a  constitution  and  asked 
admission  into  the  Union,  which  constitution  was  submitted  to  congress  by  the 
President  of  the  United  States,  by  message,  dated  .February  13th,  1850,  which, 
on  due  examination,  is  found  to  be  republican  in  its  form  of  government — 

Be  it  enacted  by  the  senate  and  house  of  representatives  of  the  United 
States  of  America  in  congress  assembled,  That  the  state  of  California  shall 
be  one,  and  is  hereby  declared  to  be  one,  of  the  United  States  of  America,  and 
admitted  into  the  Union  on  an  equal  footing  with  the  original  states,  in  all  re 
spects  whatever. 

SEC.  2.  And  be  it  further  enacted,  That  until  the  representatives  in  con 
gress  shall  be  apportioned  according  to  an  actual  enumeration  of  the  inhabi 
tants  of  the  United  States,  the  state  of  California  shall  be  entitled  to  two  rep 
resentatives  in  congress. 

SEC.  3.  And  be  it  further  enacted,  That  the  said  state  of  California  is  ad 
mitted  into  the  Union  upon  the  express  condition  that  the  people  of  said  state, 
through  their  legislature  or  otherwise,  shall  never  interfere  with  the  primary 
disposal  of  the  public  lands  within  its  limits,  and  shall  pass  no  law,  and  do  no 
act,  whereby  the  title  of  the  United  States  to,  and  right  to  dispose  of,  the 
same,  shall  be  impaired  or  questioned  ;  and  they  shall  nevej1  lay  any  tax  or  as 
sessment  of  any  description  whatsoever  on  the  public  domain  of  the  United 
States ;  and  in  no  case  shall  non-resident  proprietors,  who  are  citizens  of  the 
United  States,  be  taxed  higher  than  residents ;  and  that  all  the  navigable 
waters  within  the  said  state  shall  be  common  highways,  and  for  ever  free,  as 
well  to  the  inhabitants  of  said  state  as  to  the  citizens  of  the  United  States, 
without  any  tax,  duty,  or  impost  therefor ;  provided,  that  nothing  herein  con 
tained  shall  be  construed  as  recognizing  or  rejecting  the  propositions  tendered 
by  the  people  of  California  as  articles  of  compact  in  the  ordinance  adopted  by 
the  convention  which  formed  the  constitution  of  that  state. 

Approved,  September  9,  1850. 

THE   TEXAS   BOUNDARY. 

Be  it  enacted  by  the  senate  and  house  of  representatives  of  the  United 
States  of  America  in  congress  assembled,  That  the  following  propositions 
shall  be,  and  the  same  hereby  are,  offered  to  the  state  of  Texas  ;  which,  when 
agreed  to  by  the  said  state,  in  an  act  passed  by  the  general  assembly,  shall  be 


NEW  MEXICO.  591 

binding  and  obligatory  upon  the  United  States,  and  upon  the  said  state  of 
Texas  ;  provided,  that  said  agreement  by  the  said  general  assembly  shall  be 
given  on  or  before  the  first  day  of  December,  eighteen  hundred  and  fifty. 

First. — The  state  of  Texas  will  agree  that  her  boundary  on  the  north  shall 
commence  at  the  point  at  which  the  meridian  of  one  hundred  degrees  west 
from  Greenwich  is  intersected  by  the  parallel  of  thirty-six  degrees  and  thirty 
minutes  north  latitude,  and  shall  run  from  said  point  due  west  to  the  meridian 
of  one  hundred  and  three  degrees  west  from  Greenwich ;  hence  her  boundary 
shall  run  due  south  to  the  thirty-second  degree  of  north  latitude ;  thence  on 
the  said  parallel  of  thirty-two  degrees  of  north  latitude  to  the  Rio  Bravo  del 
Norte  ;  and  thence  with  the  channel  of  said  river  to  the  gulf  of  Mexico. 

Second. — The  state  of  Texas  cedes  to  the  United  States  all  her  claims  to 
territories  exterior  to  the  limits  and  boundaries  which  she  agrees  to  establish 
by  the  first  article  of  this  agreement. 

Third. — The  state  of  Texas  relinquishes  all  claim  upon  the  United  States 
for  liability  for  the  debts  of  Texas,  and  for  compensation  or  indemnity  for  the 
surrender  to  the  United  States  of  her  ships,  forts,  arsenals,  custom-houses,  cus 
tom-house  revenue,  arms  and  munitions  of  war,  and  public  buildings,  with  their 
sites,  which  became  the  property  of  the  United  States  at  the  time  of  the  an 
nexation. 

Fourth. — The  United  States,  in  consideration  of  said  establishment  of 
boundaries,  cession  of  claims  to  territory,  and  relinquishment  of  claims,  will  pay 
to  the  state  of  Texas  the  sum  of  ten  millions  of  dollars,  in  a  stock  bearing  five 
per  cent,  interest,  and  redeemable  at  the  end  of  fourteen  years,  the  interest 
payable  half-yearly  at  the  treasury  of  the  United  States. 

Fifth. — Immediately  after  the  president  of  the  United  States  shall  have 
been  furnished  with  an  authentic  copy  of  the  act  of  the  general  assembly  of 
Texas,  accepting  these  propositions,  he  shall  cause  the  stock  to  be  issued  in  favor 
of  the  state  of  Texas,  as  provided  for  in  the  fourth  article  of  this  agreement. 

Provided  also,  That  no  more  than  five  millions  of  said  stock  shall  be  issued 
until  the  creditors  of  the  state,  holding  bonds  and  other  certificates  of  stock  of 
Texas,  for  which  duties  on  imports  were  specially  pledged,  shall  first  file,  at 
the  treasury  of  the  United  States,  releases  of  all  claims  against  the  United 
States  for  or  on  account  of  said  bonds  or  certificates,  in  such  form  as  shall  be 
prescribed  by  the  secretary  of  the  treasury,  and  approved  by  the  president  of 
the  United  States. 

ORGANIZATION   OF    NEW   MEXICO. 

The  second  section  of  the  "  act  for  the  organization  of  New  Mexico,"  enacts 
that  all  that  portion  of  the  territory  of  the  United  States  bounded  as  follows, 
to  wit :  beginning  at  a  point  on  the  Colorado  river  where  the  boundary  line  of 
the  republic  of  Mexico  crosses  the  same ;  thence  eastwardly  with  the  said 
boundary  line  to  the  Rio  Grande  ;  thence  following  the  main  channel  of  said 
river  to  the  parallel  of  the  thirty-second  degree  of  north  latitude ;  thence  east 
wardly  with  said  degree  to  its  intersection  with  the  one  hundred  and  third  de 
gree  of  longitude  west  from  Greenwich ;  thence  north  with  said  degree  of 


592  UTAH. 

longitude  to  the  parallel  of  the  thirty-eight  degree  of  north  latitude ;  thence 
west  with  said  parallel  to  the  summit  of  the  Sierra  Madre  ;  thence  south  with 
the  crest  of  said  mountains  to  the  thirty-seventh  parallel  of  north  latitude  ; 
thence  west  with  the  said  parallel  to  its  intersection  with  the  boundaiy  line  of 
the  state  of  California ;  thence  with  the  said  boundary  line  to  the  place  of  be 
ginning,  be,  and  the  same  is  hereby,  erected  into  a  temporary  government  by 
the  name  of  the  territory  of  New  Mexico  ;  provided,  that  nothing  in  this 
act  contained  shall  be  construed  to  inhibit  the  government  of  the  United  States 
from  dividing  said  territory  into  two  or  more  territories,  in  such  manner  and 
at  such  times  as  congress  shall  deem  convenient  and  proper,  or  from  attaching 
any  portion  thereof  to  any  other  territory  or  state ;  provided  further,  that 
when  admitted  as  a  state,  the  said  territory,  or  any  portion  of  the  same,  shall 
be  received  into  the  Union,  with  or  without  slavery,  as  their  constitution  may 
prescribe  at  the  time  of  their  admission. 

The  eighteenth  section  enacts,  that  the  provisions  of  this  act  be  suspended 
until  the  boundary  between  the  United  States  and  the  state  of  Texas  shall  be 
adjusted ;  and  when  such  adjustment  shall  have  been  effected,  the  president  of 
the  United  States  shall  issue  his  proclamation,  declaring  this  act  to  be  in  full 
force  and  operation,  and  shall  proceed  to  appoint  the  officers  herein  provided 
to  be  appointed  for  the  said  territory. 

UTAH    TERRITORIAL    GOVERNMENT. 

The  act  to  establish  a  territorial  government  for  Utah  provides :  That  all 
that  part  of  the  territory  of  the  United  States  included  within  the  following 
limits,  to  wit :  bounded  on  the  west  by  the  state  of  California,  on  the  north  by 
the  territory  of  Oregon,  on  the  east  by  the  summit  of  the  Rocky  mountains, 
and  on  the  south  by  the  thirty-seventh  parallel  of  north  latitude,  be,  and  the 
same  is  hereby,  created  into  a  temporary  government,  by  the  name  of  the  ter 
ritory  of  Utah  ;  and,  when  admitted  as  a  state,  the  said  territory,  or  any  por 
tion  of  the  same,  shall  be  received  into  the  Union,  with  or  without  slavery,  as 
their  constitution  may  prescribe  at  the  time  of  their  admission;  provided, 
that  nothing  in  this  act  contained  shall  be  construed  to  prohibit  the  govern 
ment  of  the  United  States  from  dividing  said  territory  into  two  or  more  terri 
tories,  in  such  manner  and  at  such  time  as  congress  shall  deem  convenient  and 
proper,  or  from  attaching  any  portion  of  said  territory  to  any  other  state  or 
territory  of  the  United  States. 

The  act  proceeds  to  provide  for  the  appointment  of  a  territorial  governor, 
secretary,  marshal,  judges,  &c.,  and  for  the  election  of  a  council  of  thirteen, 
and  a  house  of  representatives  of  twenty-six  members  ;  also  for  a  delegate  in 
congress.  All  recognized  citizens  to  be  voters. 

The  governor  shall  receive  an  annual  salary  of  fifteen  hundred  dollars  as 
governor,  and  one  thousand  dollars  as  superintendent  of  Indian  affairs.  The 
chief  justice  and  associate  justices  shall  each  receive  an  annual  salary  of 
eighteen  hundred  dollars.  The  secretary  shall  receive  an  annual  salary  of 
eighteen  hundred  dollars.  The  said  salaries  shall  be  paid  quarter-yearly,  at 
the  treasury  of  the  United  States.  The  members  of  the  legislative  assembly 


REMARKS  OF  MR.  SEWARD.  593 

shall  be  entitled  to  receive  each  three  dollars  per  day  during  their  attendance 
at  the  sessions  thereof,  and  three  dollars  each  for  every  twenty  miles'  travel  in 
going  to  and  returning  from  said  sessions,  estimated  according  to  the  nearest 
usually  traveled  route. 

That  the  legislative  power  of  said  territory  shall  extend  to  all  rightful  sub 
jects  of  legislation,  consistent  with  the  constitution  of  the  United  States  and 
the  provisions  of  this  act ;  but  no  law  shall  be  passed  interfering  with  the  pri 
mary  disposal  of  the  soil ;  no  tax  shall  be  imposed  upon  the  property  of  the 
United  States ;  nor  shall  the  lands  or  other  property  of  non-residents  be  taxed 
aigher  than  the  lands  or  other  property  of  residents.  All  the  laws  passed  by 
the  legislative  assembly  and  governor  shall  be  submitted  to  the  congress  of 
the  United  States,  and,  if  disapproved,  shall  be  null  and  of  no  effect. 

That  the  constitution  and  laws  of  the  United  States  are  hereby  extended 
over,  and  declared  to  be  in  force  in,  said  territory  of  Utah,  so  far  as  the  same, 
or  any  provision  thereof,  may  be  applicable. 

The  debates  upon  the  bills  in  both  houses  were  animated  and  interesting. 
Mr.  Seward,  of  New  York,  touched  upon  the  principal  topics  embraced  in  the 
general  questions  of  slavery,  as  presented  at  this  session,  as  follows  : 

"But  it  is  insisted  that  the  admission  of  California  shall  be  attended  by  a 
compromise  of  questions  which  have  arisen  out  of  slavery! 

I  ain  opposed  to  any  such  compromise,  in  any  and  all  the  forms  in  which  it 
has  been  proposed ;  because,  while  admitting  the  purity  and  the  patriotism  of 
all  from  whom  it  is  my  misfortune  to  differ,  I  think  all  legislative  compromises, 
which  are  not  absolutely  necessary,  radically  wrong  and  essentially  vicious. 
They  involve  the  surrender  of  the  exercise  of  judgment  and  conscience  on  dis 
tinct  and  separate  questions,  at  distinct  and  separate  times,  with  the  indispen 
sable  advantages  it  affords  for  ascertaining  truth.  They  involve  a  relinquish- 
ment  of  the  right  to  reconsider  in  future  the  decisions  of  the  present,  on  ques 
tions  prematurely  anticipated.  And  they  are  acts  of  usurpation  as  to  future 
questions  of  the  province  of  future  legislators. 

Sir,  it  seems  to  me  as  if  slavery  had  laid  its  paralyzing  hand  upon  myself, 
and  the  blood  were  coursing  less  freely  than  its  wont  through  my  veins,  when  I 
endeavor  to  suppose  that  such  a  compromise  has  been  effected,  and  that  my 
utterance  for  ever  is  arrested  upon  all  the  great  questions — social,  moral,  and 
political — arising  out  of  a  subject  so  important,  and  yet  so  incomprehensible. 

What  am  I  to  receive  in  this  compromise  ?  Freedom  in  California.  It  is 
well ;  it  is  a  noble  acquisition ;  it  is  worth  a  sacrifice.  But  what  am  I  to  give 
as  an  equivalent  ?  A  recognition  of  the  claim  to  perpetuate  slavery  in  the 
District  of  Columbia ;  forbearance  toward  more  stringent  laws  concerning  the 
arrest  of  persons  suspected  of  being  slaves  found  in  the  free  states  ;  forbear 
ance  from  the  proviso  of  freedom  in  the  charters  of  new  territories.  None  of 
the  plans  of  compromise  offered  demand  less  than  two,  and  most  of  them  insist 
on  all  of  these  conditions.  The  equivalent,  then,  is  some  portion  of  liberty, 
some  portion  of  human  rights  in  one  region  for  liberty  in  another  region.  But 
California  brings  gold  and  commerce  as  well  as  freedom.  I  am,  then,  to  sur- 


594  DEBATE  UN  THE  COMPROMISE  BILL. 

render  some  portion  of  human  freedom  in  the  District  of  Columbia,  and  in 
East  California  and  New  Mexico,  for  the  mixed  consideration  of  liberty,  gold, 
and  power  on  the  Pacific  coast.  But,  sir,  if  I  could  overcome  my  repugnance 
to  compromises  in  general,  I  should  object  to  this  one,  on  the  ground  of  the 
•inequality  and  'incongruity  of  the  interests  to  be  compromised.  Why,  sir, 
according  tu  the  views  I  have  submitted,  California  ought  to  coiii3  in,  and 
and  must  come  in,  whether  slavery  stand  or  fall  in  the  District  of  Columbia  ; 
whether  slavery  stand  or  fall  in  New  Mexico  and  Eastern  California  ;  and  even 
whether  slavery  stand  or  fall  in  the  slave  states.  California  ought  to  come  in, 
being  a  free  state ;  and,  under  the  circumstances  of  her  conquest,  her  compact, 
her  abandonment,  her  justifiable  and  necessary  establishment  of  a  constitution, 
and  the  inevitable  dismemberment  of  the  empire  consequent  upon  her  rejection, 
I  should  have  voted  for  her  admission  even  if  she  had  come  as  a  slave  state. 
California  ought  to  come  in,  and  must  come  in  at  all  events.  It  is,  then,  an 
independent,  a  paramount  question.  What,  then,  are  these  questions  arising 
out  of  slavery,  thus  interposed,  but  collateral  questions  ?  They  are  unneces 
sary  and  incongruous,  and  therefore  false  issues,  not  introduced  designedly, 
indeed,  to  defeat  that  great  policy,  yet  unavoidably  tending  to  that  end. 

Mr.  Foote.  Will  the  honorable  senator  allow  me  to  ask  him  if  the  senate 
is  to  understand  him  as  saying  that  he  would  vote  for  the  admission  of  Cali 
fornia  if  she  came  here  seeking  admission  as  a  slave  state. 

Mr.  Seward.  I  reply,  as  I  said  before,  that  even  if  California  had  come  as 
a  slave  state,  yet  coming  under  the  extraordinary  circumstances  I  have  described 
and  in  view  of  the  consequences  of  a  dismemberment  of  the  empire,  consequent 
upon  her  rejection,  I  should  have  voted  for  her  admission,  even  though  she  had 
come  as  a  slave  state.  But  I  should  not  have  voted  for  her  admission  other 
wise. 

I  remark,  in  the  next  place,  that  consent  on  my  part  would  be  disingenuous 
and  fraudulent,  because  the  compromise  would  be  unavailing.  It  is  now  avowed 
by  the  honorable  senator  from  South  Carolina,  (Mr.  Calhoun,)  that  nothing 
will  satisfy  the  slave  states  but  a  compromise  that  will  convince  them  that  they 
can  remain  in  the  Union  consistently  with  their  honor  and  their  safety.  And 
what  are  the  concessions  which  will  have  that  effect  ?  Here  they  are,  in  the 
words  of  that  senator : 

'  The  north  must  do  justice  by  conceding  to  the  south  an  equal  right  in  the 
acquired  territory,  and  do  her  duty  by  causing  the  stipulations  relative  to  fugi 
tive  slaves  to  be  faithfully  fulfilled — cease  the  agitation  of  the  slave  question — 
and  provide  for  the  insertion  of  a  provision  in  the  constitution  by  an  amend 
ment,  which  will  restore  to  the  south  in  substance  the  power  she  possessed  of 
protecting  herself,  before  the  equilibrium  between  the  sections  was  destroyed 
by  the  action  of  this  government.' 

These  terms  amount  to  this  :  that  the  free  states  having  already,  or  although 
they  may  hereafter  have,  majorities  of  population,  and  majorities  in  both  houses 
of  congress,  shall  concede  to  the  slave  states,  being  in  a  minority  in  both,  the 
unequal  advantage  of  an  equality.  That  is,  that  we  shall  alter  the  constitution 


REMARKS  OF  MR.  SEWARD.  595 

30  as  to  convert  the  government  from  a  national  democracy,  operating  by  a 
constitutional  majority  of  voices,  into  a  federal  alliance,  in  which  the  minority 
shall  have  a  veto  against  the  majority.  And  this  would  be  nothing  less  than 
to  return  to  the  original  articles  of  confederation. 

Nor  would  success  attend  any  of  the  details  of  this  compromise.  And,  first, 
I  advert  to  the  proposed  alteration  of  the  law  concerning  fugitives  from  service 
or  labor.  I  shall  speak  on  this,  as  on  all  subjects,  with  due  respect,  but  yet 
frankly,  and  without  reservation.  The  constitution  contains  only  a  compact, 
which  rests  for  its  execution  on  the  states.  Not  content  with  this,  the  slave 
states  induced  legislation  by  congress  ;  and  the  supreme  court  of  the  United 
States  have  virtually  decided  that  the  whole  subject  is  within  the  province  of 
congress,  and  exclusive  of  state  authority.  Nay,  they  have  decided  that  slaves 
are  to  be  regarded,  not  merely  as  persons  to  be  claimed,  but  as  property  and 
chattels,  to  be  seized  without  any  legal  authority  or  claim  whatever.  The 
compact  is  thus  subverted  by  the  procurement  of  the  slave  states.  With  what 
reason,  then,  can  they  expect  the  states  ex  gratia  to  reassume  the  obligations 
from  which  they  caused  those  states  to  be  discharged  ?  I  say,  then,  to  the 
slave  states,  you  are  entitled  to  no  more  stringent  laws  ;  and  that  such  laws 
would  be  useless.  The  cause  of  the  inefficiency  of  the  present  statute  is  not 
at  all  the  leniency  of  its  provisions.  It  is  a  law  that  deprives  the  alleged  refu 
gee  from  a  legal  obligation  not  assumed  by  him,  but  imposed  upon  him  by 
laws  enacted  before  he  was  born,  of  the  writ  of  habeas  corpus,  and  of  any  cer 
tain  judicial  process  of  examination  of  the  claim  set  up  by  his  pursuer,  and 
finally  degrades  him  into  a  chattel  which  may  be  seized  and  carried  away  peace 
ably  wherever  found,  even  although  exercising  the  rights  and  responsibilities 
of  a  free  citizen  of  the  commonwealth  in  which  he  resides,  and  of  the  United 
States — a  law  which  denies  to  the  citizen  all  the  safeguards  of  personal  liberty, 
to  render  less  frequent  the  escape  of  the  bondman.  And  since  complaints  are 
so  freely  made  against  the  one  side,  I  shall  not  hesitate  to  declare  that  there 
have  been  even  greater  faults  on  the  other  side.  Relying  on  the  perversion  of 
the  constitution  which  makes  slaves  mere  chattels,  the  slave  states  have  applied 
to  them  the  principles  of  the  criminal  law,  and  have  held  that  he  who  aided 
the  escape  of  his  fellow-man  from  bondage  was  guilty  of  a  larceny  in  stealing 
him.  I  speak  of  what  I  know.  Two  instances  came  within  my  own  knowl 
edge,  in  which  governors  of  slave  states,  under  the  provision  of  the  constitu 
tion  relating  to  fugitives  from  justice,  demanded  from  the  governor  of  a  free 
state  the  surrender  of  persons  as  thieves  whose  alleged  offenses  consisted  in 
constructive  larceny  of  the  rags  that  covered  the  persons  of  female  slaves, 
whose  attempt  at  escape  they  permitted  or  assisted.  We  deem  the  principle 
of  the  law  for  the  recapture  of  fugitives,  as  thus  expounded,  therefore,  unjust, 
unconstitutional,  and  immoral ;  and  thus,  while  patriotism  withholds  its  appro 
bation,  the  consciences  of  our  people  condemn  it. 

Another  feature  in  most  of  these  plans  of  compromise  is  a  bill  of  peace  for 
slavery  in  the  District  of  Columbia ;  and  this  bill  of  peace  we  cannot  grant 
We  of  the  free  states  are,  equally  with  you  of  the  slave  states,  responsible  fur 


596  DEBATE  ON  THE  COMPROMISE  BILL. 

the  existence  of  slavery  in  this  district,  the  field  exclusively  of  our  common 
legislation.  I  regret  that,  as  yet,  I  see  little  reason  to  hope  that  a  majority 
in  favor  of  emancipation  exists  here.  The  legislature  of  New  York — from 
whom,  with  great  deference,  I  dissent — seems  willing  to  accept  now  the  extinc 
tion  of  the  slave-trade,  and  waive  emancipation  But  we  shall  assume  the 
whole  responsibility,  if  we  stipulate  not  to  exercise  the  power  hereafter  when 
a  majority  shall  be  obtained.  Nor  will  the  plea  with  which  ydu  would  furnish 
us  be  of  any  avail.  If  I  could  understand  so  mysterious  a  paradox  myself,  I 
never  should  be  able  to  explain,  to  the  apprehension  of  the  people  whom  I 
represent,  how  it  was  that  an  absolute  and  express  power  to  legislate  in  all 
cases  over  the  District  of  Columbia,  was  embarrassed  and  defeated  by  an  im 
plied  condition  not  to  legislate  for  the  abolition  of  slavery  in  this  district.  Sir, 
I  shall  vote  for  that  measure,  and  am  willing  to  appropriate  any  means  neces 
sary  to  carry  it  into  execution.  And,  if  I  shall  be  asked  what  I  did  to  embel 
lish  the  capital  of  my  country,  I  will  point  to  her  freedmen,  and  say,  these  are 
the  monuments  of  my  munificence  1 

I  come  now  to  notice  the  suggested  compromise  of  the  boundary  between 
Texas  and  New  Mexico.  This  is  a  judicial  question  in  its  nature,  or  at  least 
a  question  of  legal  right  and  title.  If  it  is  to  be  compromised  at  all,  it  is  due 
to  the  two  parties,  and  to  national  dignity  as  well  as  to  justice,  that  it  be  kept 
separate  from  compromises  proceeding  on  the  ground  of  expediency,  and  be 
settled  by  itself  alone. 

I  take  this  occasion  to  say,  that  while  I  do  not  intend  to  discuss  the  questions 
alluded  to  in  this  connection  by  the  honorable  and  distinguished  senator  from 
Massachusetts,  I  am  not  able  to  agree  with  him  in  regard  to  the  alleged  obliga 
tion  of  congress  to  admit  four  new  slave  states,  to  be  formed  in  the  state  of 
Texas.  There  are  several  questions  arising  out  of  that  subject,  upon  which  I 
am  not  prepared  to  decide  now,  and  which  I  desire  to  reserve  for  future  con 
sideration.  One  of  these  is,  whether  the  article  of  annexation  does  really  de 
prive  congress  of  the  right  to  exercise  its  choice  in  regard  to  the  sub-division 
of  Texas  into  four  additional  states.  It  seems  to  me  by  no  means  so  plain  a 
question  as  the  senator  from  Massachusetts  assumed,  and  that  it  must  be  left 
to  remain  an  open  question,  as  it  is  a  great  question,  whether  congress  is  not 
a  party  whose  future  consent  is  necessary  to  the  formation  of  new  states  out  of 
Texas. 

Mr.  "Webster.  Supposing  congress  to  have  the  authority  to  fix  the  number 
and  time  of  election,  and  apportionment  of  representatives,  &c.,  the  question 
is,  whether,  if  new  states  are  formed  out  of  Texas,  to  come  into  this  union, 
there  is  not  a  solemn  pledge  by  law  that  they  have  a  right  to  come  in  as  slave 
states  ? 

Mr.  Seward.  "When  the  states  are  once  formed,  they  have  the  right  to  come 
in  as  free  or  slave  states,  according  to  their  own  choice  ;  but  what  I  insist  is, 
that  they  cannot  be  formed  at  all  without  the  consent  of  congress,  to  be  here 
after  given,  which  consent  congress  is  not  obliged  to  give.  But  I  pass  that 
question  for  the  present,  and  proceed  to  say  that  I  am  not  prepared  to  admit 


REMARKS  OF  MR.  SEWARD.  597 

that  the  article  of  the  annexation  of  Texas  is  itself  constitutional.  I  find  no 
authority  in  the  constitution  of  the  United  States  for  the  annexation  of  foreign 
countries  by  a  resolution  of  congress,  and  no  power  adequate  to  that  purpose 
but  the  treaty-making  power  of  the  president  and  the  senate.  Entertaining 
this  view,  I  must  insist  that  the  constitutionality  of  the  annexation  of  Texas 
itself  shall  be  cleared  up  before  I  can  agree  to  the  admission  of  any  new  states 
to  be  formed  within  Texas. 

Mr.  Foote.  Did  I  not  hear  the  senator  observe  that  he  would  admit  Cali 
fornia,  whether  slavery  was  or  was  not  precluded  from  these  territories  ? 

Mr.  Seward.  I  said  I  would  have  voted  for  the  admission  of  California 
even  as  a  slave  state,  under  the  extraordinary  circumstances  which  I  have  be 
fore  distinctly  described.  I  say  that  now ;  but  I  say  also,  that  before  I  would 
agree  to  admit  any  more  states  from  Texas,  the  circumstances  which  render 
such  an  act  necessary  must  be  shown,  and  must  be  such  as  to  determine  my 
obligation  to  do  so  ;  and  that  is  precisely  what  I  insist  cannot  be  settled  now. 
It  must  be  left  for  those  to  whom  the  responsibility  will  belong. 

Mr.  President,  I  understand,  and  I  am  happy  in  understanding,  that  I  agree 
with  the  honorable  senator  from  Massachusetts,  that  there  is  no  obligation  upon 
congress  to  admit  four  new  slave  states  out  of  Texas,  but  that  congress  has 
reserved  her  right  to  say  whether  those  states  shall  be  formed  and  admitted  or 
not.  I  shall  rely  on  that  reservation.  I  shall  vote  to  admit  no  more  slave 
states,  unless  under  circumstances  absolutely  compulsory — and  no  such  case  is 
now  foreseen. 

Mr.  Webster.  What  I  said  was,  that  if  the  states  hereafter  to  be  made  out 
of  Texas  choose  to  come  in  as  slave  states,  they  have  a  right  so  to  do. 

Mr.  Seward.  My  position  is,  that  they  have  not  a  right  to  come  in  at  all, 
if  congress  rejects  their  institutions.  The  sub-division  of  Texas  is  a  matter 
optional  with  both  parties,  Texas  and  the  United  States. 

Mr.  Webster.  Does  the  honorable  senator  paean  to  say  that  congress  can 
hereafter  decide  whether  they  shall  be  slave  or  free  states  ? 

Mr.  Seward.  I  mean  to  say  that  congress  can  hereafter  decide  whether  any 
states,  slave  or  free,  can  be  framed  out  of  Texas.  If  they  should  never  be 
framed  out  of  Texas,  they  never  could  be  admitted. 

Another  objection  arises  out  of  the  principle  on  which  the  demand  for  compro 
mise  rests.  That  principle  assumes  a  classification  of  the  states  as  northern  and 
southern  states,  as  it  is  expressed  by  the  honorable  senator  from  South  Carolina, 
(Mr.  Calhoun,)  but  into  slave  states  and  free  states,  as  more  directly  expressed 
by  the  honorable  senator  from  Georgia,  (Mr.  Berrien.)  The  argument  is,  that 
the  states  are  severally  equal,  and  that  these  two  classes  were  equal  at  the  first, 
and  that  the  constitution  was  founded  on  that  equilibrium ;  that  the  states 
being  equal,  and  the  classes  of  the  states  being  equal  in  rights,  they  are  to  be 
regarded  as  constituting  an  association  in  which  each  state,  and  each  of  these 
classes  of  states,  respectively,  contribute  in  due  proportions  ;  that  the  new  ter 
ritories  are  a  common  acquisition,  and  the  people  of  these  several  states  and 
classes  of  states  have  an  equal  right  to  participate  in  them,  respectively  ;  that 


598  DEBATE  ON  THE  COMPROMISE  BILL. 

the  right  of  the  people  of  the  slave  states  to  emigrate  to  the  territories  with 
their  slaves  as  property  is  necessary  to  afford  such  a  participation  on  their  part, 
inasmuch  as  the  people  of  the  free  states  emigrate  into  th«  same  ten  iiorics* 
with  their  property.  And  the  argument  deduces  from  this  right  the  principle 
that,  if  congress  exclude  slavery  from  any  part  of  this  new  domain,  it  would 
be  only  just  to  set  off  a  portion  of  the  domain — some  say  south  of  36°  30', 
others-  south  of  34° — which  should  be  regarded  at  least  as  free  to  slavery,  and 
to  be  organized  into  slave  states. 

Argument  ingenious  and  subtle,  declamation  earnest  and  bold,  and  persua 
sion  gentle  and  winning  as  the  voice  of  the  turtle  dove  when  it  is  heard  in  the 
land,  all  alike  and  altogether  have  failed  to  convince  me  of  the  soundness  of 
this  principle  of  the  proposed  compromise,  or  of  any  one  of  the  propositions 
on  which  it  is  attempted  to  be  established. 

The  constitution  does  not  expressly  affirm  anything  on  the  subject;  all  that 
it  contains  is  two  incidental  allusions  to  slaves.  These  are,  first,  in  the  pro 
vision  establishing  a  ratio  of  representation  and  taxation ;  and,  secondly,  in 
the  provision  relating  to  fugitives  from  labor.  In  both  cases,  the  constitution 
designedly  mentions  slaves,  not  as  slaves,  much  less  as  chattels,  but  as  persons. 
That  this  recognition  of  them  as  persons  was  designed  is  historically  known, 
and  I  think  was  never  denied. 

I  deem  it  established  that  the  constitution  does  not  recognize  property  in 
man,  but  leaves  that  question,  as  between  the  states,  to  the  law  of  nature  and 
of  nations.  That  law,  as  expounded  by  Yattel,  is  founded  on  the  reason  of 
things.  When  God  had  created  the  earth,  with  its  wonderful  adaptations,  He 
gave  dominion  over  it  to  man,  absolute  human  dominion.  The  title  of  that 
dominion,  thus  bestowed,  would  have  been  incomplete,  if  the  Lord  of  all  ter 
restrial  things  could  himself  have  been  the  property  of  his  fellow-man. 

But  there  is  yet  another  aspect  in  which  this  principle  mus.t  be  examined. 
It  regards  the  domain  only  as«a  possession,  to  be  enjoyed  either  in  common  or 
by  partition  by  the  citizens  of  the  old  states.  It  is  true,  indeed,  that  the  na 
tional  domain  is  ours.  It  is  true  it  was  acquired  by  the  valor  and  -with  the 
wealth  of  the  whole  nation.  But  we  hold  no  arbitrary  authority  over  it.  We 
hold  no  arbitrary  authority  over  anything,  whether  acquired  lawfully  or  seized 
by  usurpation.  The  constitution  regulates  our  stewardship ;  the  constitution 
devotes  the  domain  to  union,  to  justice,  to  defense,  to  welfare,  and  to  liberty. 

But  there  is  a  higher  law  than  the  constitution,  which  regulates  our  author 
ity  over  the  domain,  and  devotes  it  to  the  same  noble  purposes.  The  territory 
is  a  part,  no  inconsiderable  part,  of  the  common  heritage  of  mankind,  bestow 
ed  upon  them  by  the  Creator  of  the  Universe.  We  are  his  stewards,  and 
must  so  discharge  our  trust  as  to  secure  in  the  highest  degree  their  happiness. 

It  remains  only  to  remark  that  our  own  experience  has  proved  the  danger 
ous  influence  and  tendency  of  slavery.  All  our  apprehensions  of  dangers, 
present  and  future,  begin  and  end  with  slavery.  If  slavery,  limited  as  it  yet 
is,  now  threatens  to  subvert  the  constitution,  how  can  we,  as  wise  and  prudent 
statesmen,  enlarge  its  boundaries  and  increase  its  influence,  and  thus  increase 


REMARKS  OF  MR.  SEWARD.  599 

already  impending  dangers  ?  Whether,  then,  I  regard  merely  the  welfare  of 
the  future  inhabitants  of  the  new  territories,  or  the  security  and  welfare  of  the 
whole  people  of  the  United  States,  or  the  welfare  of  the  whole  family  of  man 
kind,  I  cannot  consent  to  introduce  slavery  into  any  part  of  this  continent 
which  is  now  exempt  from  what  seems  to  me  so  great  an  evil.  These  are  my 
reasons  for  declining  to  compromise  the  question  relating  to  slavery  as  a  con 
dition  of  the  admission  of  California. 

In  acting  upon  an  occasion  so  grave  as  this,  a  respectful  consideration  is  due 
to  the  arguments,  founded  on  extraneous  considerations,  of  senators  who  com 
mend  a  course  different  from  that  which  I  have  preferred.  The  first  of  these 
arguments  is,  that  congress  has  no  power  to  legislate  on  the  subject  of  slavery 
within  the  territories. 

Sir,  congress  may  admit  new  states ;  and  since  congress  may  admit,  it  fol 
lows  that  congress  may  reject  new  states.  The  discretion  of  congress  in  ad 
mitting  is  absolute,  except  that,  when  admitted,  the  state  must  be  a  repubilcan 
state,  and  must  be  a  STATE  ;  that  is,  it  shall  have  the  constitutional  form  and 
powers  of  a  state.  But  the  greater  includes  the  less,  and  therefore  congress 
may  impose  conditions  of  admission  not  inconsistent  with  those  fundamental 
powers  and  forms.  Boundaries  are  such.  The  reservation  of  the  public  do 
main  is  such.  The  right  to  divide  is  such.  The  ordinance  excluding  slavery 
is  such  a  condition.  The  organization  of  a  territory  is  ancillary  or  prelimi 
nary  ;  it  is  the  inchoate,  the  initiative  act  of  admission,  and  is  performed  un 
der  the  clause  granting  the  powers  necessary  to  execute  the  express  powers  of 
the  constitution. 

The  next  of  this  class  of  arguments  is,  that  the  inhibition  of  slavery  in  the 
new  territories  is  unnecessary ;  and  when  I  come  to  this  question,  I  encounter 
the  loss  of  many  who  lead  in  favor  of  the  admission  of  California.  The  argu 
ment  is,  that  the  proviso  is  unnecessary.  I  answer,  then,  there  can  be  no 
error  in  insisting  upon  it.  But  why  is  it  unnecessary  ?  It  is  said,  first,  by 
reason  of  climate.  I  answer,  if  this  be  so,  why  do  not  the  representatives  of 
the  slave  states  concede  the  proviso  ?  They  deny  that  the  climate  prevents 
the  introduction  of  slavery.  Then  I  will  leave  nothing  to  a  contingency.  But, 
in  truth,  I  think  the  weight  of  the  argument  is  against  the  proposition.  Is 
there  any  climate  where  slavery  has  not  existed  ?  It  has  prevailed  all  over 
Europe,  from  sunny  Italy  to  bleak  England,  and  is  existing  now,  stronger  than 
in  any  other  land,  in  ice-bound  Russia.  But  it  will  be  replied  that  this  is  not 
African  slavery.  I  rejoin,  that  only  makes  the  case  the  stronger.  If  this  vig 
orous  Saxon  race  of  ours  was  reduced  to  slavery  while  it  retained  the  courage 
of  semi-barbarism  in  its  own  high  northern  latitude,  what  security  does  climate 
afford  against  the  transplantation  of  the  more  gentle,  more  docile,  and  already 
enslaved  and  debased  African  to  the  genial  climate  of  New  Mexico  and  east 
ern  California  ? 

Sir,  there  is  no  climate  uncongenial  to  slavery.  It  is  true  it  is  less  product 
ive  than  free  labor  in  many  northern  countries.  But  so  it  is  less  productive 
than  free  white  labor  in  even  tropical  climates.  Labor  is  in  quick  demand  in 


600  DEBATE  ON  THE  COMPROMISE  BILL. 

all  new  countries.  Slave  labor  is  cheaper  than  free  labor,  and  it  would  go  first 
into  new  regions ;  and  wherever  it  goes  it  brings  labor  into  dishonor,  and 
therefore  free  white  labor  avoids  competition  with  it.  Sir,  I  might  rely  on  cli 
mate  if  I  had  not  been  born  in  a  land  where  slavery  existed — and  this  land  was 
all  of  it  north  of  the  fortieth  parallel  of  latitude ;  and  if  I  did  not  know  the 
struggle  it  has  cost,  and  which  is  yet  going  on,  to  get  complete  relief  from  the 
institution  and  its  baleful  consequences.  I  desire  to  propound  this  question  to 
those  who  are  now  in  favor  of  dispensing  with  the  Wilmot  proviso :  Was  the 
ordinance  of  1787  necessary  or  not?  Necessary,  we  all  agree.  It  has  re 
ceived  too  many  elaborate  eulogiums  to  be  now  decried  as  an  idle  and  super 
fluous  thing.  And  yet  that  ordinance  extended  the  inhibition  of  slavery  from 
the  thirty-seventh  to  the  fortieth  parallel  of  north  latitude.  And  now  we  are 
told  that  the  inhibition  named  is  unnecessary  anywhere  north  of  36°  30' !  We 
are  told  that  we  may  rely  upon  the  laws  of  God,  which  prohibit  slave  labor 
north  of  that  line,  and  that  it  is  absurd  to  reenact  the  laws  of  God.  Sir,  there 
is  no  human  enactment  which  is  just  that  is  not  a  reenactment  of  the  law  of 
God.  The  constitution  of  the  United  States  and  the  constitutions  of  all  the 
states  are  full  of  such  reenactments.  Wherever  I  find  a  law  of  God  or  a  law 
of  nature  disregarded,  or  in  danger  of  being  disregarded,  there  I  shall  vote  to 
reaffirm  it,  with  all  the  sanction  of  the  civil  authority.  But  I  find  no  authority 
for  the  position  that  climate  prevents  slavery  anywhere.  It  is  the  indolence  of 
mankind  in  any  climate,  and  not  any  natural  necessity,  that  introduces  slavery 
in  any  climate. 

It  is  insisted  that  the  diffusion  of  slavery  will  not  increase  its  evils.  The 
argument  seems  to  me  merely  specious,  and  quite  unsound.  I  desire  to  pro 
pose  one  or  two  questions  in  reply  to  it.  Is  slavery  stronger  or  weaker  in  these 
United  States,  from  its  diffusion  into  Missouri  ?  Is  slavery  weaker  or  stronger 
in  these  United  States,  from  the  exclusion  of  it  from  the  northwest  territory  ? 
The, answers  to  these  questions  will  settle  the  whole  controversy. 

And  this  brings  me  to  the  great  and  all-absorbing  argument  that  the  Union 
is  in  danger  of  being  dissolved,  and  that  it  can  only  be  saved  by  compromise. 
I  do  not  know  what  I  would  not  do  to  save  the  Union  ;  and  therefore  I  shall 
bestow  upon  this  subject  a  very  deliberate  consideration.  I  do  not  overlook 
the  fact  that  the  entire  delegation  from  the  slave  states,  although  they  differ  in 
regard  to  the  details  of  the  compromise  proposed,  and  perhaps  in  regard  to 
the  exact  circumstances  of  the  crisis,  seem  to  concur  in  this  momentous  warn 
ing.  Nor  do  I  doubt  at  all  the  patriotic  devotion  to  the  Union  which  is  ex 
pressed  by  those  from  whom  this  warning  proceeds.  And  yet,  sir,  although 
such  warnings  have  been  uttered  with  impassioned  solemnity  in  my  hearing 
every  day  for  near  three  months,  my  confidence  in  the  Union  remains  unshaken. 
I  think  they  are  to  be  received  with  no  inconsiderable  distrust,  because  they  are 
uttered  under  the  influence  of  a  controlling  interest  to  be  .secured,  a  paramount 
object  to  be  gained ;  and  that  is  an  equilibrium  of  power  in  the  republic. 

Sir,  in  any  condition  of  society  there  can  be  no  revolution  without  a  cause, 
an  adequate  cause.  What  cause  exists  here  ?  We  are  admitting  a  new  state  ; 


REMARKS  OF  MR.  SEWARD.  601 

but  there  is  nothing  new  in  that :  we  have  already  admitted  seventeen  before. 
But  it  is  said  that  the  slave  states  are  in  danger  of  losing  political  power  by 
the  admission  of  the  new  state.  Well,  sir,  is  there  anything  new  in  that  ?  The 
slave  states  have  always  been  losing  political  power,  and  they  always  will  be 
while  they  have  any  to  lose.  At  first,  twelve  of  the  thirteen  states  were  slave 
states ;  now  only  fifteen  out  of  the  thirty  are  slave  states.  Moreover,  the 
change  is  constitutionally  made,  and  the  government  was  constructed  so  as  to 
permit  changes  of  the  balance  of  power,  in  obedience  to  changes  of  the  forces 
of  the  body  politic.  Danton  used  to  say,  "  It's  all  well  while  the  people  cry 
Danton  and  Robespierre ;  but  wo  for  me  if  ever  the  people  learn  to  say, 
Robespierre  and  Danton  !"  That  is  all  of  it,  sir.  The  people  have  been  ac 
customed  to  say,  "the  south  and  the  north;"  they  are  only  beginning  now  to 
say,  "the  north  and  the  south."  < 

Sir,  when  the  founders  of  the  republic  of  the  south  come  to  draw  those  fear 
ful  lines,  they  will  indicate  what  portions  of  the  continent  are  to  be  broken  off 
from  their  connection  with  the  Atlantic,  through  the  St.  Lawrence,  the  Hud 
son,  the  Delaware,  the  Potomac,  and  the  Mississippi ;  what  portion  of  this 
people  are  to  be  denied  the  use  of  the  lakes,  the  railroads,  and  the  canals,  now 
constituting  common  and  customary  avenues  of  travel,  trade,  and  social  inter 
course  ;  what  families  and  kindred  are  to  be  separated,  and  converted  into  en 
emies  ;  and  what  states  are  to  be  the  scenes  of  perpetual  border  warfare,  ag 
gravated  by  interminable  horrors  of  servile  insurrection.  When  those  por 
tentous  lines  shall  be  drawn,  they  will  disclose  what  portion  of  this  people  is 
to  retain  the  army  and  the  navy,  and  the  flag  of  so  many  victories  ;  and  on 
the  other  hand,  what  portion  of  the  people  is  to  be  subjected  to  new  and  oner 
ous  imposts,  direct  taxes,  and  forced  loans,  and  conscriptions,  to  maintain  an 
opposing  army,  an  opposing  navy,  and  the  new  and  hateful  banner  of  sedition. 
Then  the  projectors  of  the  new  republic  of  the  south  will  meet  the  question — 
and  they  may  well  prepare  now  to  answer  it — What  is  all  this  for  ?  What  intoler 
able  wrong,  what  unfraternal  injustice,  have  rendered  these  calamities  unavoid 
able  ?  What  gain  will  this  unnatural  revolution  bring  to  us  ?  The  answer 
will  be  :  All  this  is  done  to  secure  the  institution  of  African  slavery. 

But  you  insist  on  a  guaranty  against  the  abolition  of  slavery  in  the  District 
of  Columbia,  or  war.  Well,  when  you  shall  have  declared  war  against  us, 
what  shall  hinder  us  from  immediately  decreeing  that  slavery  shall  cease  within 
the  national  capital  ? 

You  say  that  you  will  not  submit  to  the  exclusion  of  slaves  from  the  new 
territories.  What  will  you  gain  by  resistance  ?  Liberty  follows  the  sword, 
although  her  sway  is  one  of  peace  and  beneficence.  Can  you  propagate  slavery 
then  by  the  sword  ? 

You  insist  that  you  cannot  submit  to  the  freedom  with  which  slavery  is  dis 
cussed  in  the  free  states.  Will  war — a  war  for  slavery — arrest  or  even  mod 
erate  that  discussion  ?  No,  sir ;  that  discussion  will  not  cease  ;  war  will  only 
inflame  it  to  a  greater  height.  It  is  a  part  of  the  eternal  conflict  between 
truth  and  error — between  mind  and  physical  force — the  conflict  of  man  against 
39 


602  .DEBATE  ON  THE  COMPROMISE  BILL. 

the  obstacles  which  oppose  his  way  to  an  ultimate  and  glorious  destiny.  It 
will  go  on  until  you  shall  terminate  it  in  the  only  way  in  which  any  state  or 
nation  has  ever  terminated  it — by  yielding  to  it — yielding  in  your  own  time, 
and  in  your  own  manner  indeed,  but  nevertheless  yielding  to  the  progress  of 
emancipation.  You  will  do  this,  sooner  or  later,  whatever  may  be  your  opin 
ion  now;  because  nations  which  were  prudent  and  humane,  and  wise  as  you 
are,  have  done  so  already. 

Sir,  the  slave  states  have  no  reason  to  fear  that  this  inevitable  change  will 
go  too  far  or  too  fast  for  their  safety  or  welfare.  It  cannot  well  go  too  fast  or 
too  far,  if  the  only  alternative  is  a  war  of  races. 

But  it  cannot  go  too  fast.  Slavery  has  a  reliable  and  accommodating  ally 
in  a  party  in  the  free  states,  which,  though  it  claims  to  be,  and  doubtless  is  in 
many  respects,  a  party  of  progress,  finds  its  sole  security  for  its  political  powei 
in  the  support  and  aid  of  slavery  in  the  slave  states.  Of  course,  I  do  not  in 
clude  in  that  party  those  who  are  now  cooperating  in  maintaining  the  cause  of 
freedom  against  slavery.  I  am  not  of  that  party  of  progress  which  in  the 
north  thus  lends  its  support  to  slavery.  But  it  is  only  just  and  candid  that  I 
should  bear  witness  to  its  fidelity  to  the  interests  of  slavery. 

Slavery  has,  moreover,  a  more  natural  alliance  with  the  aristocracy  of  the 
north  and  with  the  aristocracy  of  Europe.  So  long  as  slavery  shall  possess 
the  cotton-fields,  the  sugar-fields,  and  the  rice-fields  of  the  world,  so  long  will 
commerce  and  capital  yield  it  toleration  and  sympathy.  Emancipation  is  a 
democratic  revolution.  It  is  capital  that  arrests  all  democratic  revolutions.  It 
was  capital  that,  so  recently,  in  a  single  year,  rolled  back  the  tide  of  revolution 
from  the  base  of  the  Carpathian  mountains,  across  the  Danube  and  the  Rhine,  into 
the  streets  of  Paris.  It  is  capital  that  is  rapidly  rolling  back  the  throne  of 
Napoleon  into  the  chambers  of  the  Tuilleries. 

Slavery  has  a  guaranty  still  stronger  than  these  in  the  prejudices  of  caste 
and  color,  which  induce  even  large  majorities  in  all  the  free  states  to  regard 
sympathy  with  the  slave  as  an  act  of  unmanly  humiliation  and  self-abasement, 
although  philosophy  meekly  expresses  her  distrust  of  the  asserted  natural  su 
periority  of  the  white  race,  and  confidently  denies  that  such  a  superiority,  if 
justly  claimed,  could  give  a  title  to  oppression. 

There  remains  one  more  guaranty — one  that  has  seldom  failed  you,  and  will 
seldom  fail  you  hereafter.  New  states  cling  in  closer  alliance  than  older  ones 
to  the  federal  power.  The  concentration  of  the  slave  power  enables  you  for 
long  periods  to  control  the  federal  government  with  the  aid  of  the  new  states. 
I  do  not  know  the  sentiments  of  the  representatives  of  California ;  but,  my 
word  for  it,  if  they  should  be  admitted  on  this  floor  to-day,  against  your  most 
obstinate  opposition,  they  would,  on  all  questions  really  affecting  your  inter 
ests,  be  found  at  your  side. 

There  are  many  well-disposed  persons  who  are  alarmed  at  the  occurrence  of 
any  such  disturbance.  The  failure  of  a  legislative  body  to  organize  is  to  their 
apprehension  a  fearful  omen,  and  an  extra-constitutional  assemblage  to  consult 
upon  public  affairs  is  with  them  cause  for  desperation.  Even  senators  speak 


REMARKS  OF  MR.  SEWARD.  603 

of  the  Union  as  if  it  existed  only  by  consent,  and,  as  it  seems  to  be  implied, 
by  the  assent  of  the  legislatures  of  the  states.  On  the  contrary,  the  Union 
was  not  founded  in  voluntary  choice,  nor  does  it  exist  by  voluntary  consent. 

A  union  was  proposed  to  the  colonies  by  Franklin  and  others,  in  1754;  but 
such  was  their  aversion  to  an  abridgment  of  their  own  importance,  respectively, 
that  it  was  rejected  even  under  the  pressure  of  a  disastrous  invasion  by  France. 
A  union  of  choice  was  proposed  to  the  colonies  in  1775  ;  but  so  strong  was 
their  opposition,  that  they  went  through  the  war  of  independence  without  hav 
ing  established  more  than  a  mere  council  of  consultation. 

But  with  independence  came  enlarged  interests  of  agriculture — absolutely 
new  interests  of  manufactures — interests  of  commerce,  of  fisheries,  of  naviga 
tion,  of  common  domain,  of  common  debts,  of  common  revenues  and  taxation, 
of  the  administration  of  justice,  of  public  defense,  of  public  honor  ;  in  short, 
interests  of  common  nationality  and  sovereignty — interests  which  at  last  com 
pelled  the  adoption  of  a  more  perfect  union — a  national  government. 

The  genius,  talents,  and  learning  of  Hamilton,  Jay,  and  of  Madison,  sur 
passing,  perhaps,  the  intellectual  power  ever  exerted  before  for  the  establish 
ment  of  a  government,  combined  with  the  serene  but  mighty  influence  of  Wash 
ington,  were  only  sufficient  to  secure  the  reluctant  adoption  of  the  constitution 
that  is  now  the  object  of  all  our  affections  and  of  the  hopes  of  mankind.     No 
wonder  that  the  conflicts  in  which  that  constitution  was  born,  and  the  almost 
desponding  solemnity  of  Washington,  in  his  farewell  address,  impressed  his 
countrymen  and  mankind  with  a  profound  distrust  of  its  perpetuity  !     No 
wonder  that  while  the  murmurs  of  that  day  are  yet  ringing  in  our  ears,  we 
cherish  that  distrust,  with  pious  reverence,  as  a  national  and  patriotic  sentiment 
I  have  heard  somewhat  here,  and  almost  for  the  first  time  in  my  life,  of  di 
vided  allegiance — of  allegiance  to  the  south  and  to  the  Union.     Sir,  if  sympa 
thies  with  state  emulation  and  pride  of  achievement  could  be  allowed  to  raise 
up  another  sovereign  to  divide  the  allegiance  of  a  citizen  of  the  United  States, 
I  might  recognize  the  claims  of  the  state  to  which,  by  birth  and  gratitude,  I 
belong — to  the  state  of  Hamilton  and  Jay,  of  Schuyler,  of  the  Clintons,  and 
of  Fulton — the  state  which,  with  less  than  two  hundred  miles  of  natural  navi 
gation  connected  with  the  ocean,  has,  by  her  own  enterprise,  secured  to  herself 
thfe  commerce  of  the  continent,  and  is  steadily  advancing  to  the  command  of 
the  commerce  of  the  world.     But  for  all  this  I  know  only  one  country  and  one 
sovereign — the  United  States  of  America  and  the  American  people.     And 
such  as  my  allegiance  is,  is  the  loyality  of  every  other  citizen  of  the  United 
States.     As  I  speak,  he  will  speak  when  his  time  arrives.     He  knows  no  other 
country  and  no  other  sovereign.     He  has  life,  liberty,  property,  and  precious 
affections,  and  hopes  for  himself  and  for  his  posterity,  treasured  up  in  the  ark 
of  the  Union.     He  knows  as  well  and  feels  as  strongly  as  I  do,  that  this  gov 
ernment  is  his  own  government ;  that  he  is  a  part  of  it ;  that  it  was  established 
for  him,  and  that  it  is  maintained  by  him ;  that  it  is  the  only  truly  wise,  just, 
free,  and  equal  government  that  has  ever  existed ;  that  no  other  government 
could  be  so  wise,  just,  free  and  equal ;  and  that  it  is  safer  and  more  beneficent 
than  any  which  time  or  change  could  bring  into  its  place. 


604  DEBATE  ON  THE  COMPROMISE  BILL. 

You  may  tell  me,  sir,  that  although  all  this  may  be  true,  yet  the  trial  of  fac 
tion  has  not  yet  been  made.  Sir,  if  the  trial  of  faction  has  not  been  made,  it 
has  not  been  because  faction  has  not  always  existed,  and  has  not  always  me 
naced  a  trial,  but  because  faction  could  find  no  fulcrum  on  which  to  place  the 
lever  to  subvert  the  Union,  as  it  can  find  no  fulcrum  now ;  and  in  this  is  my 
confidence.  I  would  not  rashly  provoke  the  trial ;  but  I  will  not  suffer  a  fear, 
which  I  nave  not,  to  make  me  compromise  one  sentiment,  one  principle  of  truth 
or  justice,  to  avert  a  danger  that  all  experience  teaches  me  is  purely  chimerical. 
Let,  then,  those  who  distrust  the  Union  make  compromises  to  save  it.  I  shall 
not  impeach  their  wisdom,  as  I  certainly  cannot  their  patriotism ;  but,  indulg 
ing  no  such  apprehensions  myself,  I  shall  vote  for  the  admission  of  California 
into  the  Union  directly,  without  conditions,  without  qualifications,  and  without 
compromise." 

Mr.  Cass,  on  the  13th  of  March,  expressed  his  views  at  some  length.  A 
part  of  his  speech  was  in  reply  to  certain  remarks  of  Mr.  Calhoun  and  Mr. 
Seward.  He  agreed  with  what  had  been  said  by  Mr.  Clay ;  and  he  would 
vote  for  the  proposed  reference  of  the  resolutions,  indeed  for  almost  any  pro- 
position  likely  to  bring  this  country  into  harmony  upon  this  perplexing  question. 
He  thought  the  country  was  under  lasting  obligations  to  Mr.  Foote  for  his 
efforts  to  terminate  the  existing  difficulties.  For  Mr.  Calhoun,  he  expressed 
deep  sympathy,  but  dissented  from  parts  of  his  speech,  which,  he  thought, 
contained  a  strange  collection  and  collocation  of  facts,  folio  wed  by  strange  con 
clusions.  The  sombre  hue  which  pervaded  his  speech,  he  imagined,  was  owing 
to  its  having  been  prepared  in  the  recesses  of  a  sick  chamber.  [Mr.  Calhoun, 
too  feeble  to  address  the  senate,  had  written  his  speech,  which  had  been  read 
by  Mr.  Mason,  of  Virginia]. 

Mr.  Cass  took  exception  to  an  expression  of  Mr.  Calhoun,  calling  Wash 
ington  "the  illustrious  southerner."  "Our  Washington — the  Washington  of 
our  whole  country — receives  in  this  senate,  the  epithet  of  '  southerner,'  as  if 
that  great  man,  whose  distinguished  characteristic  was  his  attachment  to  his 
country,  and  his  whole  country,  who  was  so  well  known,  and  who,  more  than 
any  one,  deprecated  all  sectional  feeling  and  all  sectional  action — loved  Geor 
gia  better  than  he  loved  New  Hampshire,  because  he  happened  to  be  born  on 
the  southern  bank  of  the  Potomac.  I  repeat,  sir,  that  I  heard  with  great  pain, 
that  expression  from  the  distinguished  senator  form  South  Carolina. 

We  have  been  three  months  here,  and  what  have  we  done  ?  Nothing.  We 
have  not  passed  a  single  law  of  the  least  national  importance.  We  have  occu 
pied  the  whole  time  by  the  discussion  of  this  question,  and  no  practical  result 
has  been  attained ;  and  present  appearances  do  not  indicate  that  such  a  result 
is  near.  But,  though  we  have  done  nothing,  we  have  ascertained  that  some 
things  can  not  be  done.  We  have  ascertained  (I  think  I  may  say  with  certain 
ty)  that  no  Wilmot  proviso  can  be  passed  through  this  congress.  That  mea 
sure  is  dead.  It  is  the  latest,  and  I  hope  it  is  the  last  attempt  that  will  be 
made  to  interfere  with  the  right  of  self-government  within  the  limits  of  this 
republic.  I  think  we  may  also  say,  that  no  Missouri  compromise  line  can  pass, 


REMARKS  OF  GEN.  CASS.  605 

and  that  no  one  expects  or  desires  that  it  should  pass.     Mr.  President,  what 
was  the  compromise  line  ?     Allow  me  to  read  the  law  which  established  it : 

"SEC.  8.  And  be  it  further  enacted,  That  in  all  that  territory  ceded  by  France  to  the 
United  States,  under  the  name  of  Louisiana,  which  lies  north  of  36°  and  30'  north  lati 
tude,  not  included  within  the  limits  of  the  state  contemplated  by  this  act,  slavery  and 
involuntary  servitude,  otherwise  than  in  the  punishment  of  crimes,  whereof  the  parties 
shall  have  been  duly  convicted,  shall  be,  and  is  hereby,  forever  prohibited." 

Now,  sir,  what  is  that  provision  ?  It  is  intervention  north  of  the  line  of 
36°  30',  and  non-intervention  south  of  that  line.  Why,  sir,  there  is  not  one 
southern  senator  on  this  floor,  and  not  one  southern  member  of  the  other  house,  nor 
indeed  a  southern  man  who  understands  the  subject,  who  would  accept  that  line 
as  a  proper  settlement  of  this  question.  Why,  sir,  the  whole  doctrine  of  equal 
rights  and  of  non-intervention  is  taken  away  by  it  at  once.  Why,  sir,  putting 
out  of  view  the  constitutional  objections  to  such  an  arrangement,  it  gives  the 
south  nothing,  while  it  prohibits  the  people  north  of  36°  30'  from  exercising 
their  own  will  upon  the  subject.  The  true  doctrine  of  non-intervention  leaves 
the  whole  question  to  the  people,  and  does  not  divide  their  right  of  decision 
by  a  parallel  of  latitude.  If  they  choose  to  have  slavery  north  of  that  line, 
they  can  have  it.  Is  there  a  senator  on  this  floor  who  would  accept  of  a  pro 
position  to  apply  the  principle  of  non-intervention  to  a  part  of  the  territory, 
leaving  to  the  people  of  the  other  portion  to  do  as  they  please  ?  No,  sir ; 
there  is  not  a  southern  senator  here  who  would  vote  for  it.  I  will  tell  you 
what  would  be  voted  for,  has  already  been  announced — a  law  declaratory,  man 
datory,  or  permissory,  for  the  establishment  of  slavery  south  of  the  line  of  36° 
30'.  The  distinguished  senator  from  South  Carolina  might  be  willing  to  accept 
a  declaration  that  slavery  does  now  exist,  or  that  it  shall  exist,  or  may  exist, 
south  of  a  certain  line ;  but  I  take  it  for  granted  that  no  senator  from  the 
south  would  be  willing  to  abandon  the  ground  of  non-intervention,  without 
some  provision  like  that.  Well,  then,  Mr.  President,  if  these  things  are  im 
possible — if  they  cannot  be  done — it  remains  to  inquire  what  it  is  in  our  power 
to  do.  My  own  opinion  is,  sir,  that  we  should  take  up  the  bill  for  the  recap 
ture  of  fugitive  slaves,  reported  by  the  judiciary  committee.  I  am  disposed  to 
suspend  all  our  discussions,  and  to  lay  aside  all  other  business,  with  a  view  to 
act  upon  that  bill,  without  unnecessary  delay,  and  to  pass  it  in  such  a  form  as 
would  be  acceptable  to  a  majority  of  this  body.  That  is  a  point  upon  which 
the  south  feels  most  acutely,  and  in  regard  to  which  it  has  the  most  serious 
cause  of  complaint.  I  have  heard  but  one  man  in  this  body  deny  the  existence 
of  this  evil,  or  the  justice  and  necessity  of  providing  an  adequate  remedy.  If 
I  understand  the  senator  from  New  York,  (Mr.  Seward,)  he  intimated  his 
belief  that  it  was  immoral  to  carry  into  effect  the  provision  of  the  constitution 
for  the  recapture  of  fugitive  slaves.  That,  sir,  is  a  very  strange  view  of  the 
duties  of  a  senator  in  this  body.  No  man  should  come  here  who  believes  that 
ours  is  an  immoral  constitution ;  no  man  should  come  here,  and,  by  the  solemn 
sanction  of  an  oath,  promise  to  support  an  immoral  constitution.  No  man  is 
compelled  to  take  an  oath  to  support  it.  He  may  live  in  this  country,  and 


GOG  DEBATE  ON  THE  COMPROMISE  BILL. 

believe  what  he  chooses  with  regard  to  the  constitution  ;  but  he  has  no  right, 
as  an  honest  man,  to  seek  office,  and  obtain  it,  and  then  talk  about  its  being  so 
immoral  that  he  can  not  fulfill  its  obligations.  It  is  the  duty  of  every  man, 
who  has  sworn  to  support  the  constitution,  fairly  to  carry  its  provisions  into 
effect ;  and  no  man  can  stand  up  before  his  fellow-citizens  and  maintain  any 
other  doctrine,  whatever  reasons  he  may  urge  in  his  vindication.  In  one  of 
the  most  disingenuous  portions  of  the  speech  of  the  honorable  senator  from 
New  York  (Mr.  Seward) — which  itself  was  one  of  the  most  disingenuous  I 
have  ever  heard — he  speaks  of  "  slavery  having  a  reliable  and  accommodating 
ally  in  a  party  in  the  free  states,"  and  he  says  he  "  bears  witness  to  its  fidelity 
to  the  interests  of  slavery." 

Now,  I  ask  the  senator  from  New  York,  if  he  believes  there  is  a  man  in 
this  senate  from  the  north,  whose  course  is  influenced  by  his  fidelity  to  slavery  ; 
and  if  he  does,  what  right  he  has  to  cast  odium  upon  gentlemen  who  are  asso 
ciated  with  him  in  the  high  duties  which  belong  to  his  position  ? 

Mr.  Seward.  The  senator  addresses  a  question  to  me,  and  I  rise  for  no 
other  purpose  than  to  answer  it.  I  think  it  was  Mr.  Jefferson  who  said  that 
the  natural  ally  of  slavery  in  the  south  was  the  democracy  of  the  north. 

A  senator.     It  was  Mr.  Buchanan. 

Mr.  Seward.  I  have  heard  it  attributed  to  Mr.  Jefferson.  However  this 
may  be,  I  believe  it.  I  assail  the  motives  of  no  senator.  I  am  not  to  be 
drawn  into  personal  altercations  by  any  interrogatories  addressed  to  me.  I 
acknowledge  the  patriotism,  the  wisdom,  the  purity  of  every  member  of  this 
body.  I  never  have  assailed  the  motives  of  honorable  senators  in  any  instance, 
I  never  shall.  When  my  own  are  assailed,  I  stand  upon  my  own  position. 
My  life  and  acts  must  speak  for  me.  I  shall  not  be  my  own  defender  or  advo 
cate. 

Mr.  Cass  concluded  his  speech  the  next  day.  He  said :  I  was  remarking 
yesterday,  when  I  resigned  the  floor,  that  there  were  certain  things  we  could 
not  accomplish,  and  others  that,  with  equal  certainty,  we  might  take  for  grant 
ed  we  could  do.  Among  the  latter,  was  the  bill  providing  for  the  recapture  of 
fugitive  slaves ;  and  another  object,  which  I  trust  will  be  accomplished,  is  the 
providing  of  a  government  for  the  new  territories.  I  think  it  essential  to  calm 
this  agitation,  and  so  long  as  these  territories  are  left  without  a  government,  so 
long  will  the  present  state  of  things  continue,  and  this  agitation  be  kept  up, 
which  is  so  harassing  to  the  tranquility,  and  dangerous  to  the  peace  of  the 
Union.  That  a  law  may  be  passed  authorizing  the  people  of  the  territories 
to  govern  themselves,  without  any  Wilmot  proviso  being  attached  to  it,  is  my 
wish  and  my  hope.  Sir,  we  cannot  stand  before  the  country,  and  before  the 
world,  and  object  to  the  admission  of  California  on  the  ground  that  has  been 
urged.  The  objection  is  not  to  her  boundaries,  though  that  topic  has  been 
much  debated.  I  myself  was  at  first  startled  at  the  boundary  claimed,  stretch 
ing  as  it  does  along  the  coast  of  the  Pacific  one  thousand  miles — a  much  greater 
extent  than  any  one  state  in  the  Union  ought  to  possess.  But  the  country  be 
tween  the  ocean  and  the  sea  is  a  narrow  one,  and  east  of  the  mountains  is  a 


REMARKS  OF  GEN.  CASS 

desert,  and  in  proportion  to  its  extent,  the  quantity  of  arable  land  is  small. 
Be  the  boundaries  as  they  may,  it  is  not  probable  that  its  population  will  ever 
be  as  great  as  that  of  some  of  the  other  states  of  this  Union.  And  if  its 
southern  boundary  were  to  stop  at  the  mountains,  there  would  be  left  between 
them  and  tlie  Mexican  possessions  a  small  district  of  country,  which  would  have 
to  remain  for  an  indefinite  period,  perhaps  forever,  in  a  colonial  condition.  The 
senator  from  South  Carolinia,  (Mr.  Calhoun,)  who  I  regret  to  see  is  not  in  his 
seat  to-day,  does  not  assume  this  ground  as  an  objection  to  the  admission  of 
California.  That  objection  rests  upon  her  present  position  and  mode  of  appli 
cation  ;  because  she  has  established  a  government  of  her  own  without  passing 
through  territorial  process,  and  comes  here  of  her  own  accord,  and  asks  admis 
sion  into  this  Union.  This  ground  of  objection  cannot  be  maintained  in  this 
age  of  the  world,  before  the  people  of  this  country,  and,  I  may  add,  the  people 
of  Christendom.  There  are  two  positions  I  have  always  maintained  with 
reference  to  this  subject — first,  that  congress,  under  the  constitution,  has  no 
right  to  establish  governments  for  the  territories ;  secondly,  that  under  no  cir 
cumstances  have  they  the  right  to  pass  any  law  to  regulate  the  internal  affairs 
of  the  people  inhabiting  them.  The  first  may  be  a  matter  of  necessity ;  and 
when  the  necessity  exists,  if  a  senator  votes  for  it,  he  votes  upon  his  own  re 
sponsibility  to  his  constituents.  If  they  believe  the  necessity  and  support  him, 
he  is  safe,  but  if  not,  he  must  fall.  If  I  had  voted  under  such  circumstances, 
I  must  have  looked  to  my  constituents  for  my  justification  ;  but  under  no  cir 
cumstances  could  I  have  voted  for  any  law  interfering  with  the  internal  concerns 
of  the  people  of  a  territory.  No  necessity  requires  it ;  there  is  no  necessity 
which  would  justify  it 

Mr.  Chase.  Did  I  understand  the  senator  as  saying,  that  in  voting  for  a 
bill  to  establish  a  government  in  the  territories  he  would  assume  the  exercise 
of  any  authority  not  given  in  the  constitution  ? 

Mr.  Cass.  The  honorable  senator  will  undoubtedly  recollect,  that  in  a  his 
torical  document  called  the  Nicholson  letter,  which  subsequent  circumstances 
have  made  somewhat  important,  I  distinctly  stated  my  vrews  upon  this  subject, 
and  those  views  have  remained  unchanged  to  the  present  hour.  I  maintained 
that  no  power  is  given  by  the  constitution  to  establish  territorial  governments, 
but  that  where  an  imperious  necessity  exists  for  such  a  measure,  the  legislator 
who  yields  to  it  must  look  to  his  constituents  for  his  justification. 

Mr.  Chase.  I  understood  the  senator  to  say  that  there  was  no  such  authority 
given  by  the  constitution  ? 

Mr.  Cass.  I  said,  that  if  we  do  an  act  not  authorized  by  the  constitution, 
under  a  pressure  of  necessity,  that  act  must  be  done  upon  our  own  responsi 
bility  ;  and  I  refer  the  gentleman  to  the  authority  of  Mr.  Madison,  who  justi 
fied  the  action  of  the  congress  of  the  confederation,  on  the  subject  of  territories, 
upon  this  ground — and  upon  this  alone.  If  the  gentleman  will  take  the  trouble 
to  look  at  my  speech  on  the  Wilmot  proviso,  he  will  find  my  views  on  this 
point  distinctly  laid  down.  What  is  the  objection  in  principle  to  the  admission 
of  California  ?  Allow  me  to  say,  that  great  political  rights  and  movements, 


608  REPEAL  OF  THE  MISSOURI  COMPROMISE. 

in  this  age  of  the  world,  are  not  to  be  determined  by  mere  abstract  or  specula 
tive  opinions.  There  is  no  want  of  heavy  books  in  the  world,  which  treat  of 
political  seience  ;  but  you  need  not  go  to  them  to  ascertain  the  rights  of  men — 
either  individuals  or  in  communities  ;  if  you  do,  you  will  lose  yourself  groping 
in  a  labyrinth,  and  where  no  man  can  follow  you.  If  there  are  rights  of  sov 
ereignty,  there  may  be  wrongs  of  sovereignty  ;  and  this  truth  should  be  held 
in  everlasting  remembrance.  And  this  is  the  case  with  regard  to  California, 
We  have  rights,  and  we  have  duties ;  and  if  the  former  are  sacred,  the  latter 
should  be  sacred  also.  One  of  these  duties  we  have  neglected  to  perform  ; 
and  we  are  told  by  gentlemen  who  have  spoken  here,  that  when  a  state  wishes 
admission  into  the  Union,  she  should  come  to  the  door  of  congress  and  knock 
for  admission.  California  has  thus  come  and  knocked ;  but  no  door  is  open  to 
her,  and  she  is  to  be  told,  "go  back  and  wait  till  we  are  ready."  There  is 
but  one  door  through  which  you  can  enter,  and  that  door  we  keep  shut.  You 
must  pass  through  a  territorial  government ;  but  that  government  we  have 
neglected  to  give  you,  and  we  are  probably  as  far  from  establishing  it  as  erer. 
And  such  is  the  paternal  regard  we  manifest  toward  one  hundred  thousand 
American  citizens,  who  are  upholding  the  flag  of  our  country  on  the  distant 
shores  of  the  Pacific. 


CHAPTER     XXXI. 

REPEAL  OP  MISSOURI  COMPROMISE. — KANSAS  AND  NEBRASKA  ORGANIZED. 

The  platforms,  slavery  agitation  repudiated  by  both  parties. — Mr.  Pierce's  Inaugural  and 
Message  denounce  agitation. — Session  of  1853—4 : — the  storm  bursts  forth. — Proposi 
tion  to  repeal  the  Missouri  Compromise. — Kansas-Nebraska  bill. — Mr.  Douglas'  de 
fense  of  the  bill — Mr.  Chase's  reply — Remarks  of  Houston,  Cass,  Seward,  and  others. 
— Passage  of  the  bill  in  the  house. — Passed  by  senate,  and  approved. — The  territories 
organized. 


T 


HE  democratic  convention  to  nominate  candidates  for  the  presidency  and 
vice-presidency  was  held  in  Baltimore,  June  1, 1852.  Franklin  Pierce,  of  New 
Hampshire,  received  the  nomination  on  the  49th  ballot.  The  whig  convention 
met  in  the  same  city  on  the  16th  of  June,  and  nominated  General  Scott  on  the 
53d  ballot.  Upon  the  subject  of  slavery,  the  platforms  of  the  two  conventions 
agree.  The  democratic  convention  declared : 

"  That  congress  has  no  power  under  the  constitution  to  interfere  with  or 
control  the  domestic  institutions  of  the  several  states,  and  that  such  states  a*" 
the  sole  and  proper  judges  of  every  thing  appertaining  to  their  own  affai> 
not  prohibited  by  the  constitution ;  that  all  efforts  of  the  abolitionists,  or  ot 
ers,  made  to  induce  congress  to  interfere  with  questions  of  slavery,  or  to  ta 
incipient  steps  in  relation  thereto,  are  calculated  to  lead  to  the  most  alarmii 


POSITION  OF  PARTIES.  609 

and  dangerous  consequences ;  and  that  all  such  efforts  have  an  inevitable  ten 
dency  to  diminish  the  happiness  of  the  people,  and  endanger  the  stability  and 
permanency  of  the  Union,  and  ought  not  to  be  countenanced  by  any  friend  of 
our  political  institutions. 

"  That  the  foregoing  proposition  covers,  and  was  intended  to  embrace  the 
whole  subject  of  slavery  agitation  in  congress ;  and  therefore  the  democratic 
party  of  the  Union,  standing  on  this  national  platform,  will  abide  by  and  ad 
here  to  a  faithful  execution  of  the  acts  known  as  the  compromise  measures 
settled  by  the  last  congress — the  act  for  reclaiming  fugitives  from  service  or 
labor  included ;  which  act  being  designed  to  carry  out  an  express  provision  of 
the  constitution,  can  not  with  fidelity  thereto  be  repealed,  nor  so  changed  as 
to  destroy  or  impair  its  efficiency. 

"  That  the  democratic  party  will  resist  all  attempts  at  renewing,  in  congress 
or  out  of  it,  the  agitation  of  the  slavery  question,  under  whatever  shape  or 
color  the  attempt  may  be  made."  -«=M  '< 

The  whig  convention  made  the  following  declaration : 

"  That  the  series  of  acts  of  the  thirty-first  congress — the  act  known  as  the 
fugitive  slave  law  included — are  received  and  acquiesced  in  by  the  whig  party 
of  the  United  States,  as  a  settlement  in  principle  and  substance  of  the  dan 
gerous  and  exciting  question  which  they  embrace ;  and  so  far  as  they  are  con 
cerned,  we  will  maintain  them  and  insist  on  their  strict  enforcement,  until  time 
and  experience  shall  demonstrate  the  necessity  of  further  legislation,  to  guard 
against  the  evasion  of  the  laws  on  the  one  hand,  and  the  abuse  of  their  pow 
ers  on  the  other,  not  impairing  their  present  efficiency ;  and  we  deprecate  all 
further  agitation  of  the  question  thus  settled,  as  dangerous  to  our  peace ;  and 
will  discountenance  all  efforts  to  continue  or  renew  such  agitation  whenever, 
wherever,  or  however  the  attempt  may  be  made ;  and  we  will  maintain  this 
system  as  essential  to  the  nationality  of  the  whig  party  of  the  Union." 

The  presidential  contest  resulted  in  the  election  of  Mr.  Pierce.  The  "slav 
ery  question "  was  now  dead  and  buried — the  democratic  party  planted  itself 
upon  the  grave  to  "  resist  all  attempts  "  at  disturbing  the  body — the  whigs 
stood  by  to  "  discountenance  all  efforts "  at  resurrection,  "  whenever,  where 
ever  or  however  the  attempt  may  be  made." 

Mr.  Pierce  was  inaugurated  on  the  4th  of  March,  1853.  In  his  inaugural 
address  he  said :  "  I  believe  that  involuntary  servitude  is  recognized  by  the 
constitution.  I  believe  that  the  states  where  it  exists  are  entitled  to  efficient 
remedies  to  enforce  the  constitutional  provisions.  I  hold  that  the  compromise 
measures  of  1850  are  strictly  constitutional,  and  to  be  unhesitatingly  carried 
into  effect."  "And  now,"  said  Mr.  Pierce,  "  I  fervently  hope  that  the  ques 
tion  is  at  rest,  and  that  no  sectional,  or  ambitious,  or  fanatical  excitement  may 
again  threaten  the  durability"  of  its  repose. 

Congress  convened  on  the  5th  of  December,  1853.  On  the  next  day  the 
President  communicated  his  message.  The  dead  and  buried  slavery  question 
was  again  alluded  to ;  and  he  declared  his  fixed  purpose  to  leave  undisturbed, 
"  a  subject  which  had  been  set  at  rest  by  the  deliberate  judgment  of  the  peo- 


G10  REPEAL  OF  THE  MISSOURI  COMPROMISE. 

pie."  That  "this  repose  is  to  suffer  no  shock  during  my  official  terra,  if  I 
have  power  to  avert  it,  those  who  placed  me  here  may  be  assured." 

Notwithstanding  the  legislation  of  1850,  the  platforms  of  the  political  par 
ties,  and  the  asseverations  of  the  president,  the  "  shock  "  came.  As  Mr.  Chase 
described  it,  "the  rattling  thunder  broke  from  a  cloudless  firmament,  and  the 
storm  burst  forth  in  fury."  But  this  time  the  agitation  was  not  to  be  confined 
to  the  floor  of  congress — the  "people"  were  invited  to  take  a  part  in  it. 

On  the  15th  of  December,  1853,  Mr.  Dodge,  of  Iowa,  submitted  to  the  sen 
ate  a  bill  to  organize  the  territory  of  Nebraska,  which  was  referred  to  the  com 
mittee  on  territories,  and  subsequently  reported  by  Mr.  Douglas  of  said  com 
mittee  with  amendments.  The  following  is  the  accompanying  report : 

"  The  principal  amendments  which  your  committee  deem  it  their  duty  to 
commend  to  the  favorable  action  of  the  senate,  in  a  special  report,  are  those  in 
which  the  principles  established  by  the  compromise  measures  of  1850,  so  far 
as  they  are  applicable  to  territorial  organizations,  are  proposed  to  be  affirmed 
and  carried  into  practical  operation  within  the  limits  of  the  new  territory. 

"  The  wisdom  of  those  measures  is  attested,  not  less  by  their  salutary  and 
beneficial  effects,  in  allaying  sectional  agitation  and  restoring  peace  and  har 
mony  to  an  irritated  and  distracted  people,  than  by  the  cordial  and  almost 
universal  approbation  with  which  they  have  been  received  and  sanctioned  by 
the  whole  country.  In  the  judgment  of  your  committee,  those  measures  were 
intended  to  have  a  far  more  comprehensive  and  enduring  effect  than  the  mere 
adjustment  of  difficulties  arising  out  of  the  recent  acquisition  of  Mexican  ter 
ritory.  They  were  designed  to  establish  certain  great  principles,  which  would 
not  only  furnish  adequate  remedies  for  existing  evils,  but,  in  all  time  to  come, 
avoid  the  perils  of  similar  agitation,  by  withdrawing  the  question  of  slavery 
from  the  halls  of  congress  and  the  political  arena,  and  committing  it  to  the  ar 
bitration  of  those  who  were  immediately  interested  in,  and  alone  responsible 
for  its  consequences.  With  a  view  of  conforming  their  action  to  what  they 
regard  as  the  settled  policy  of  the  government,  sanctioned  by  the  approving 
voice  of  the  American  people,  your  committee  have  deemed  it  their  duty  to 
incorporate  and  perpetuate,  in  their  territorial  bill,  the  principles  and  spirit  of 
those  measures.  If  any  other  considerations  were  necessary  to  render  the  pro 
priety  of  this  course  imperative  upon  the  committee,  they  may  be  found  in  the 
fact  that  the  Nebraska  country  occupies  the  same  relative  position  to  the  slav 
ery  question,  as  did  New  Mexico  and  Utah,  when  those  territories  were  or 
ganized. 

"  It  was  a  disputed  point,  whether  slavery  was  prohibited  by  law  in  the 
country  acquired  from  Mexico.  On  the  one  hand,  it  was  contended,  as  a  legal 
proposition,  that  slavery,  having  been  prohibited  by  the  enactments  of  Mexico, 
according  to  the  laws  of  nations,  we  received  the  country  with  all  its  local 
laws  and  domestic  institutions  attached  to  the  soil,  so  far  as  they  did  not  con 
flict  with  the  constitution  of  the  United  States  ;  and  that  a  law  either  protect 
ing  or  prohibiting  slavery,  was  not  repugnant  to  that  instrument,  as  was  evi 
denced  by  the  fact  that  one  half  of  the  states  of  the  Union  tolerated,  while 


REPORT  OF  COMMITTEE.  611 

the  other  ball  prohibited,  the  institution  of  slavery.  On  the  other  hand,  it 
was  insisted  that,  by  virtue  of  the  constitution  of  the  United  States,  every  citi 
zen  had  a  right  to  remove  to  any  territory  of  the  Union,  and  carry  his  prop 
erty  with  him  under  the  protection  of  law,  whether  that  property  consisted  of 
persons  or  things.  The  difficulties  arising  from  this  diversity  of  opinion,  were 
greatly  aggravated  by  the  fact  that  there  were  many  persons  on  both  sides  of 
the  legal  controversy,  who  were  unwilling  to  abide  the  decision  of  the  courts 
on  the  legal  matters  in  dispute ;  thus,  among  those  who  claimed  that  the  Mex 
ican  laws  were  still  in  force,  and,  consequently,  that  slavery  was  already  pro 
hibited  in  those  territories  by  valid  enactment,  there  were  many  who  insisted 
upon  congress  making  the  matter  certain,  by  enacting  another  prohibition.  In 
like  manner,  some  of  those  who  argued  that  Mexican  law  had  ceased  to  have 
any  binding  force,  and  that  the  constitution  tolerated  and  protected  slave 
property  in  those  territories,  were  unwilling  to  trust  the  decision  of  the  courts 
upon  the  point,  and  insisted  that  congress  should,  by  direct  enactment,  remove 
all  legal  obstacles  to  the  introduction  of  slaves  into  those  territories. 

"  Such  being  the  character  of  the  controversy  in  respect  to  the  territory  ac 
quired  from  Mexico,  a  similar  question  has  arisen  in  regard  to  the  right  to 
hold  slaves  in  the  territory  of  Nebraska,  when  the  Indian  laws  shall  be  with 
drawn,  and  the  country  thrown  open  to  emigration  and  settlement.  By  the 
8th  section  of  '  an  act  to  authorize  the  people  of  Missouri  territory  to  form  a 
constitution  and  state  government,  and  for  the  admission  of  such  state  into  the 
Union  on  an  equal  footing  with  the  original  states,  and  to  prohibit  slavery  in 
certain  territories,'  approved  March  6th,  1820,  it  was  provided,  'that  in  all  that 
territory  ceded  by  France  to  the  United  States  under  the  name  of  Louisiana, 
which  lies  north  of  36°  30'  north  latitude,  not  included  within  the  limits  of  the 
state  contemplated  by  this  act,  slavery  and  involuntary  servitude,  otherwise 
than  in  the  punishment  of  crimes  whereof  the  parties  shall  have  been  duly  con 
victed,  shall  be,  and  are  hereby,  prohibited ;  provided  always,  that  any  person 
escaping  into  the  same,  from  whom  labor  or  service  is  lawfully  claimed  in  any 
state  or  territory  of  the  United  States,  such  fugitive  may  be  lawfully  reclaimed, 
and  conveyed  to  the  persons  claiming  his  or  her  labor  or  services  as  aforesaid.' 

"  Under  this  section,  as  in  the  case  of  the  Mexican  law  in  New  Mexico  and 
Utah,  it  is  a  disputed  point  whether  slavery  is  prohibited  in  Nebraska  country 
by  valid  enactment.  The  decision  of  this  question  involves  the  constitutional 
power  of  congress  to  pass  laws  prescribing  and  regulating  the  domestic  insti 
tutions  of  the  various  territories  of  the  Union.  In  the  opinion  of  those  emi 
nent  statesmen  who  hold  that  congress  is  invested  with  no  rightful  authority 
to  legislate  upon  the  subject  of  slavery  in  the  territories,  the  8th  section  of  the 
act  preparatory  to  the  admission  of  Missouri  is  null  and  void  ;  while  the  pre 
vailing  sentiment  in  large  portions  of  the  Union  sustains  the  doctrine  that  the 
constitution  of  the  United  States  secures  to  every  citizen  an  inalienable  right 
to  move  into  any  of  the  territories  with  his  property,  of  whatever  kind  and 
description,  and  to  hold  and  enjoy  the  same  under  the  sanction  of  law.  Your 
committee  do  not  feel  themselves  called  upon  to  enter  upon  the  discussion  of 


612  REPEAL  OF  THE  MISSOURI  COMPROMISE. 

these  controverted  questions.  They  involve  the  same  grave  issues  which  piu 
duced  the  agitation,  the  sectional  strife,  and  the  fearful  struggle  of  1850.  As 
congress  deemed  it  wise  and  prudent  to  refrain  from  deciding  the  matters  in 
controversy  then,  either  by  affirming  or  repealing  the  Mexican  laws,  or  by  an 
act  declaratory  of  the  true  intent  of  the  constitution,  and  the  extent  of  the 
protection  afforded  by  it  to  slave  property  in  the  territories,  so  your  committee 
are  not  prepared  to  recommend  a  departure  from  the  course  pursued  on  that 
memorable  occasion,  either  by  affirming  or  repealing  the  8th  section  of  the 
Missouri  act,  or  by  any  act  declaratory  of  the  meaning  of  the  constitution  in 
respect  to  the  legal  points  in  dispute. 

"  Your  committee  deem  it  fortunate  for  the  peace  of  the  country,  and  the 
security  of  the  Union,  that  the  controversy  then  resulted  in  the  adoption  of 
the  compromise  measures,  which  the  two  great  political  parties,  with  singular 
unanimity,  have  affirmed  as  a  cardinal  article  of  their  faith,  and  proclaimed  to 
the  world  as  a  final  settlement  of  the  controversy  and  an  end  of  the  agitation. 
A  due  respect,  therefore,  for  the  avowed  opinions  of  senators,  as  well  as  a 
proper  sense  of  patriotic  duty,  enjoins  upon  your  committee  the  propriety  and 
necessity  of  a  strict  adherence  to  the  principles,  and  even  a  literal  adoption  of 
the  enactments  of  that  adjustment,  in  all  their  territorial  bills,  so  far  as  thr- 
same  are  not  locally  inapplicable.  Those  enactments  embrace,  among  otb*-v 
things  less  material  to  the  matters  under  consideration,  the  following  pro 
visions  : 

"  When  admitted  as  a  state,  the  said  territory,  or  any  portion  of  the  same, 
shall  be  received  into  the  Union,  with  or  without  slavery,  as  their  constitution 
may  prescribe  at  the  time  of  their  admission. 

"  That  the  legislative  power  and  authority  of  said  territory  shall  be  vested 
in  the  governor  and  legislative  assembly. 

"  That  the  legislative  power  of  said  territory  shall  extend  to  all  rightful 
subjects  of  legislation,  consistent  with  the  constitution  of  the  United  States, 
and  the  provisions  of  this  act ;  but  no  law  shall  be  passed  interfering  with  the 
primary  disposal  of  the  soil ;  no  tax  shall  be  imposed  upon  the  property  of 
the  United  States  ;  nor  shall  the  lands  or  other  property  of  non-residents  be 
taxed  higher  than  the  lands  or  other  property  of  residents. 

"  Writs  of  error  and  appeals  from  the  final  decisions  of  said  supreme  court 
shall  be  allowed,  and  may  be  taken  to  the  supreme  court  of  the  United  States 
in  the  same  manner  and  under  the  same  regulations  as  from  the  circuit  courts 
of  the  United  States,  where  the  value  of  the  property  or  amount  in  contro 
versy,  to  be  ascertained  by  the  oath  or  affirmation  of  either  party,  or  other 
competent  witness,  shall  exceed  one  thousand  dollars ;  except  only  that,  in  all 
cases  involving  title  to  slaves,  the  said  writs  of  error  or  appeals  shall  be  al 
lowed  and  decided  by  the  said  supreme  court,  without  regard  to  the  value  of 
the  matter,  property,  or  title  in  controversy ;  and  excepi  also,  that  a  writ  of 
error  or  appeal  shall  also  be  allowed  to  the  supreme  court  of  the  United 
States  from  the  decisions  of  the  said  supreme  court  by  this  act,  or  any  judge 
thereof,  or  of  the  district  courts  created  by  this  act,  or  of  any  judge  thereof, 


REMARKS  OF  MR.  DOUGLAS.  613 

upon  any  writ  of  habeas  corpus  involving  the  question  of  personal  freedom ; 
and  each  of  the  said  district  courts  shall  have  and  exercise  the  same  jurisdic 
tion,  in  all  cases  arising  under  the  constitution  and  laws  of  the  United  States, 
as  is  vested  in  the  circuit  and  district  courts  of  the  United  States ;  and  the 
said  supreme  and  district  courts  of  the  said  territory,  and  the  respective  judges 
thereof,  shall  and  may  grant  writs  of  habeas  corpus,  in  all  cases  in  which  the 
same  are  granted  by  the  judges  of  the  United  States  in  the  District  of  Co 
lumbia. 

"  To  which  may  be  added  the  following  proposition  affirmed  by  the  act  of 
1850,  known  as  the  fugitive  slave  law  : 

"That  the  provisions  of  the  'act  respecting  fugitives  from  justice,  and  per 
sons  escaping  from  the  service  of  their  masters,'  approved  February  12, 1793, 
and  the  provisions  of  the  act  to  amend  and  supplementary  to  the  aforesaid  act, 
approved  September  18,  1850,  shall  extend  to,  and  be  in  force  in,  all  the  or 
ganized  territories,  as  well  as  in  the  various  states  of  the  Union. 

"  From  these  provisions,  it  is  apparent  that  the  compromise  measures  of 
1850  affirm,  and  rest  upon,  the  following  propositions : 

"  First. — That  all  questions  pertaining  to  slavery  in  the  territories,  and  the 
new  states  to  be  formed  therefrom,  are  to  be  left  to  the  decision  of  the  people 
residing  therein,  by  their  appropriate  representatives,  to  be  chosen  by  them  for 
that  purpose. 

"  Second. — That  'all  cases  involving  title  to  slaves,'  and  '  questions  of  per 
sonal  freedom,'  are  to  be  referred  to  the  adjudication  of  the  local  tribunals, 
with  the  right  of  appeal  to  the  supreme  court  of  the  United  States. 

"  Third. — That  the  provision  of  the  constitution  of  the  United  States,  in 
respect  to  fugitives  from  service,  is  to  be  carried  into  faithful  execution  in  all 
'  the  original  territories,'  the  same  as  in  the  states. 

"  The  substitute  for  the  bill  which  your  committee  have  prepared,  and  which 
is  commended  to  the  favorable  action  of  the  senate,  proposes  to  carry  these 
propositions  and  principles  into  practical  operation,  in  the  precise  language  of 
the  compromise  measures  of  1850." 

Some  doubts  having  been  expressed  whether  the  amendments  repealed  the 
Missouri  compromise,  a  special  report  was  made,  January  4th,  1854,  so 
amending  the  bill  as  to  leave  no  doubt  upon  that  subject.  The  report  which 
proposed  to  open  to  slavery  all  the  vast  territory  secured  to  freedom  by  the 
Missouri  compromise,  startled  the  nation  from  its  "repose,"  and  produced  an 
agitation  that  had  never  been  equaled. 

On  the  16th  January,  Mr.  Dixon,  of  Kentucky,  gave  notice  of  an  amend 
ment  directly  and  plainly  repealing  the  Missouri  compromise. 

The  debate  on  the  bill  was  opened  by  Mr.  Douglas,  on  the  30th  of  January. 
In  justification  of  his  proposition  to  lea've  the  whole  territory  open  to  slavery, 
he  insisted  that  the  Missouri  compromise  had  been  repealed.  One  of  the 
grounds  upon  which  this  declaration  was  founded,  was  the  action  of  congress 
in  1848,  after  the  acquisition  of  territory  from  Mexico,  when  the  senate  voted 
into  a  bill  a  provision  to  extend  the  Missouri  compromise  line  westward  to  the 


614  REPEAL   OF   THE  MISSOURI   COMPROMISE. 

Pacific  ocean  ;  which  provision  was  defeated  in  the  house.  This  defeat  of  that 
proposition  Mr.  I),  construed  into  an  abandonment  of  the  compromise.  It 
was  this  defeat  of  that  compromise  that  created  the  struggle  of  1850,  and  the 
necessity  for  making  the  new  compromise  of  that  year  ;  the  leading  feature 
of  which  was  non-intervention  by  congress  as  to  slavery  in  the  territories — 
leaving  the  question  to  be  settled  by  the  people  therein.  It  was  of  universal 
application— to  the  country  both  north  and  south  of  36°  30'. 

Mr.  Douglas  said  "the  legal  effect  of  this  bill,  if  passed,  was  neither  to  leg 
islate  slavery  into  nor  out  of  these  territories,  but  to  leave  the  people  to  do  as 
they  pleased.  And  why  should  any  man,  north  or  south,  object  to  this  princi 
ple  ?  It  was  by  the  operation  of  this  principle,  and  not  by  any  dictation  from 
the  federal  government,  that  slavery  had  been  abolished  in  half  of  the  twelve 
states  in  which  it  existed  at  the  time  of  the  adoption  of  the  constitution." 

In  regard  to  Utah  and  New  Mexico,  Mr.  D.  said:  "In  1850,  we  who  re 
sisted  any  attempt  to  force  institutions  upon  the  people  of  those  territories  in 
consistent  with  their  wishes  and  the  right  to  decide  for  themselves,  were 
denounced  as  slavery  propagandists.  Every  one  of  us  who  was  in  favor  of 
the  compromise  measures  of  I860  was  arraigned  for  having  advocated  a  prin 
ciple  purposing  to  introduce  slavery  into  those  territories,  and  the  people  were 
told,  and  made  to  believe,  that,  unless  we  prohibited  it  by  act  of  congress,  sla 
very  would  necessarily  and  inevitably  be  introduced  into  these  territories. 

"Well,  sir,  we  did  establish  the  territorial  governments  of  Utah  and  New 
Mexico  without  any  prohibition.  We  gave  to  these  abolitionists  a  full  oppor 
tunity  of  proving  whether  their  predictions  would  prove  true  or  false.  Years 
have  rolled  round,  and  the  result  is  before  us.  The  people  there  have  not 
passed  any  law  recognizing,  or  establishing,  or  introducing,  or  protecting  sla 
very  in  the  territories. 

"  I  do  not  like,  I  never  did  like,  the  system  of  legislation  on  our  part,  by 
which  a  geographical  line,  in  violation  of  the  laws  of  nature,  and  climate,  and 
soil,  and  of  the  laws  of  God,  should  be  run  to  establish  institutions  for  a  peo 
ple  contrary  to  their  wishes ;  yet,  out  of  a  regard  for  the  peace  and  quiet  of 
the  country,  out  of  respect  for  past  pledges,  and  out  of  a  desire  to  adhere 
faithfully  to  all  compromises,  I  sustained  the  Missouri  compromise  so  long  as 
it  was  in  force,  and  advocated  its  extension  to  the  Pacific  ocean.  Now,  when 
that  has  been  abandoned,  when  it  has  been  superseded,  when  a  great  principle 
of  self-government  has  been  substituted  for  it,  I  choose  to  cling  to  that  princi 
ple,  and  abide  in  good  faith,  not  only  by  the  letter,  but  by  the  spirit  of  the  last 
compromise. 

"  Sir,  I  do  not  recognize  the  right  of  the  abolitionists  of  this  country  to  ar 
raign  me  for  being  false  to  sacred  pledges,  as  they  have  done  in  their  procla 
mations.  Let  them  show  when  and  where  I  have  ever  proposed  to  violate  a 
compact.  I  have  proved  that  I  stood  by  the  compact  of  1820  and  1845,  and 
proposed  its  continuance  and  observance  in  1848.  I  have  proved  that  the  free- 
soilers  and  abolitionists  were  the  guilty  parties  who  violated  that  compromise 
then.  I  should  like  to  compare  notes  with  these  abolition  confederates  about 


REMARKS   OF  MR.   CHASE.  615 

adherence  to  compromises.  When  did  they  stand  by  or  approve  of  any  one 
that  was  ever  made  ? 

"  Did  not  every  abolitionist  and  free-soiler  in  America  denounce  the  Mis 
souri  compromise  in  1820  ?  Did  they  not  for  years  hunt  down  ravenously,  for 
his  blood,  every  man  who  assisted  in  making  that  compromise  ?  Did  they  not 
in  1845,  when  Texas  was  annexed,  denounce  all  of  us  who  went  for  the  annex 
ation  of  Texas  and  for  the  continuation  of  the  Missouri  compromise  line 
through  it  ?  Did  they  not,  in  1848,  denounce  me  as  a  slavery  propagandist 
for  standing  by  the  principles  of  the  Missouri  compromise,  and. proposing  to 
continue  it  to  the  Pacific  ocean  ?  Did  they  not  themselves  violate  and  repu 
diate  it  then  ?  Is  not  the  charge  of  bad  faith  true  as  to  every  abolitionist  in 
America,  instead  of  being  true  as  to  me  and  the  committee,  and  those  who 
advocate  this  bill  ? 

"  They  talk  about  the  bill  being  a  violation  of  the  compromise  measures  of 
1850.  Who  can  show  me  a  man  in  either  house  of  congress  who  was  in  favor 
of  those  compromise  measures  in  1850,  and  who  is  not  now  in  favor  of  leaving 
the  people  of  Nebraska  and  Kansas  to  do  as  they  please  upon  the  subject  of 
slavery,  according  to  the  principle  of  my  bill  ?  Is  there  one  ?  If  so,  I  have 
not  heard  of  him.  This  tornado  has  been  raised  by  abolitionists,  and  aboli 
tionists  alone.  They  have  made  an  impression  upon  the  public  mind,  in  the 
way  in  which  I  have  mentioned,  by  a  falsification  of  the  law  and  the  facts  ; 
and  this  whole  organization  against  the  compromise  measures  of  1850  is  an 
abolition  movement.  I  presume  they  had  some  hope  of  getting  a  few  tender- 
footed  democrats  into  their  plot ;  and,  acting  on  what  they  supposed  they 
might  do,  they  sent  forth  publicly  to  the  world  the  falsehood  that  their  address 
was  signed  by  the  senators  and  a  majority  of  the  representatives  from  the  state 
of  Ohio  ;  but  when  we  come  to  examine  signatures,  we  find  no  one  whig  there, 
no  one  democrat  there ;  none  but  pure,  unmitigated,  unadulterated  aboli 
tionists." 

On  the  3d  of  February,  Mr.  Chase,  senator  from  Ohio,  moved  to  strike  out 
from  the  bill  the  words,  "  was  superseded  by  the  principles  of  the  legislation 
of  1850,  commonly  called  the  compromise  measures,  and,"  so  that  the  clause 
would  read  :  "  That  the  constitution,  and  all  laws  of  the  United  States  which 
are  not  locally  inapplicable,  shall  have  the  same  force  and  eifect  within  the 
said  territory  of  Nebraska  as  elsewhere  within  the  United  States,  except  the 
eighth  section  of  the  act  preparatory  to  the  admission  of  Missouri  into  the 
Union,  approved  March  6,  1820,  which  is  hereby  declared  inoperative." 

Mr.  Chase  then  proceeded  to  reply  to  Mr.  Douglas  :  "  Mr.  President,  I  had 
occasion,  a  few  days  ago,  to  expose  the  utter  groundlessness  of  the  personal 
charges  made  by  the  senator  from  Illinois  (Mr.  Douglas)  against  myself  and 
the  other  signers  of  the  independent  democratic  appeal.  I  now  move  to  strike 
from  this  bill  a  statement  which  I  will  to-day  demonstrate  to  be  without  any 
foundation  in  fact  or  in  history.  I  intend  afterwards  to  move  to  strike  out  the 
whole  clause  annulling  the  Missouri  prohibition. 

"  A  few  days  only  have  elapsed  since  the  congress  of  the  United  States  as- 


616  REPEAL   OF   THE   MISSOURI   COMPROMISE. 

sembled  in  this  capitol.  Then  no  agitation  seemed  to  disturb  the  political 
elements.  Two  of  the  great  political  parties  of  the  country,  in  their  national 
conventions,  had  announced  that  slavery  agitation  was  at  an  end,  and  that 
henceforth  that  subject  was  not  to  be  discussed  in  congress  or  out  of  congress. 
The  president,  in  his  annual  message,  had  referred  to  this  state  of  opinion,  and 
had  declared  his  fixed  purpose  to  maintain,  as  far  as  any  responsibility  attached 
to  him,  the  quiet  of  the  country. 

"  The  agreement  of  the  two  old  political  parties,  thus  referred  to  by  the 
chief  magistrate  of  the  country,  was  complete,  and  a  large  majority  of  the 
American  people  seemed  to  acquiesce  in  the  legislation  of  which  he  spoke.  A 
few  of  us,  indeed,  doubted  the  accuracy  of  these  statements,  and  the  perman 
ency  of  this  repose.  We  never  believed  that  the  acts  of  1850  would  prove  to 
be  a  permanent  adjustment  of  the  slavery  question.  But,  sir,  we  only  repre 
sented  a  small,  though  vigorous  and  growing  party  in  the  country.  Our  num 
ber  was  small  in  congress.  By  some  we  were  regarded  as  visionaries — by 
some  as  factionists ;  while  almost  all  agreed  in  pronouncing  us  mistaken.  And 
so,  sir,  the  country  was  at  peace.  As  the  eye  swept  the  entire  circumference 
of  the  horizon  and  upward  to  mid-heaven,  not  a  cloud  appeared ;  to  common 
observation  there  was  no  mist  or  stain  upon  the  clearness  of  the  sky.  But 
suddenly  all  is  changed ;  rattling  thunder  breaks  from  the  cloudless  firmament. 
The  storm  bursts  forth  in  fury.  And  now  we  find  ourselves  in  the  midst  of  an 
agitation,  the  end  and  issue  of  which  no  man  can  foresee. 

"  Now,  sir,  who  is  responsible  for  this  renewal  of  strife  and  controversy  ? 
Not  we,  for  we  have  introduced  no  question  of  territorial  slavery  into  con 
gress — not  we,  who  are  denounced  as  agitators  and  factionists.  No,  sir :  the 
quietists  and  the  finalists  have  become  agitators  ;  they  who  told  us  that  all 
agitation  was  quieted,  and  that  the  resolutions  of  the  political  conventions  put 
a  final  period  to  the  discussion  of  slavery.  This  will  not  escape  the  observa 
tion  of  the  country.  It  is  slavery  that  renews  the  strife.  It  is  slavery  that 
again  wants  room.  It  is  slavery  with  its  insatiate  demand  for  more  slave  ter 
ritory  and  more  slave  states.  And  what  does  slavery  ask  for  now  ?  Why,  sir, 
it  demands  that  a  time-honored  and  sacred  compact  shall  be  rescinded — a  com 
pact  which  has  endured  through  a  whole  generation — a  compact  which  has 
been  universally  regarded  as  inviolable,  north  and  south — a  compact,  the  con 
stitutionality  of  which  few  have  doubted,  and  by  which  all  have  consented  to 
abide. 

"  It  will  not  answer  to  violate  such  a  compact  without  a  pretext.  Some 
plausible  ground  must  be  discovered  or  invented  for  such  an  act ,  and  such  a 
ground  is  supposed  to  be  found  in  the  doctrine  which  was  advanced  the  other 
day  by  the  senator  from  Illinois,  that  the  compromise  acts  of  1850  'super 
seded'  the  prohibition  of  slavery  north  of  36°  30',  in  the  act  preparatory  for 
the  admission  of  Missouri.  Ay,  sir,  'superseded'  is  the  phrase — 'superseded 
by  the  principles  of  the  legislation  of  1850,  commonly  called  the  compromise 
measures. ' 

"  It  is  against  this  statement,  untrue  in  fact,  and  without  foundation  in  his- 


REMARKS   OF   MR.  CHASE.  617 

tory,  that  the  amendment  which  I  have  proposed  is  directed  During  the 
long  discussion  of  the  compromise  measures  in  1850,  it  was  never  suggested 
that  they  were  to  supersede  the  Missouri  prohibition.  At  the  last  session,  a 
Nebraska  bill  passed  the  house,  came  to  the  senate,  and  was  reported  on  by 
Mr.  Douglas,  who  also  made  a  speech  in  its  favor ;  and  in  all  there  was  not  a 
word  about  repeal  by  supersedure.  The  senator  from  Missouri,  (Mr.  Atch- 
ison,)  had  also  spoken  upon  the  bill,  and  had  distinctly  declared  that  the  Mis 
souri  prohibition  was  not  and  could  not  be  repealed."  An  extract  was  here 
read  from  the  speech  of  this  senator,  of  which  this  is  a  part  : 

'  I  have  always  been  of  opinion  that  the  first  great  error  committed  in  the 
political  history  of  this  country  was  the  ordinance  of  1787,  rendering  the 
northwest  territory  free  territory.  The  next  great  error  was  the  Missouri 
compromise.  But  they  are  both  irremediable.  There  is  no  remedy  for  them. 
We  must  submit  to  them.  I  am  prepared  to  do  it.  It  is  evident  that  the 
Missouri  compromise  cannot  be  repealed.  3o  far  as  that  question  is  con 
cerned,  we  might  as  well  agree  to  the  admission  of  this  territory  now  as  next 
year,  or  five  or  ten  years  hence.' 

"  Now,  sir,  when  was  this  said  ?  It  was  on  the  morning  of  the  4th  of 
March,  just  before  the  close  of  the  last  session,  when  that  Nebraska  bill, 
reported  by  the  senator  from  Illinois,  which  proposed  no  repeal,  and  suggested 
no  supersedure,  was  under  discussion.  I  think,  sir,  that  all  this  shows  pretty 
clearly  that  up  to  the  very  close  of  the  last  session  of  congress,  nobody  had 
ever  thought  of  a  repeal  by  supersedure.  Then  what  took  place  at  the  com 
mencement  of  the  present  session  ?  The  senator  from  Iowa,  early  in  Decem 
ber,  introduced  a  bill  for  the  organization  of  Nebraska.  I  believe  it  was  the 
same  bill  that  was  under  discussion  here  at  the  last  session,  line  for  line,  and 
word  for  word.  If  I  am  wrong,  the  senator  will  correct  me.  Did  the  senator 
from  Iowa  then  entertain  the  idea  that  the  Missouri  prohibition  had  been 
superseded  ?  No,  sir ;  neither  he  or  any  other  man  here,  so  far  as  could  be 
judged  from  any  discussion,  or  statement,  or  remark,  had  received  this  notion. M 
Mr.  C.  then  referred  to  Mr.  Douglas'  own  report  of  the  4th  of  January 
last,  made  only  thirty  days  ago.  "  Nor  did  this  report  express  the  opmioD 
that  the  compromise  acts  of  1850  had  superseded  the  Missouri  prohibition. 
The  committee  said  that  some  affirmed  and  others  denied  that  the  Mexican 
laws  prohibiting  slavery  in  the  territory  acquired  from  Mexico,  were  still  in 
force  there  ;  and  they  said  that  the  territorial  compromise  acts  stood  clear  of 
these  questions.  They  simply  provided  '  that  the  states  organized  out  of  these 
territories  might  come  in  with  or  without  slavery  as  they  should  elect,  but  did 
not  affect  the  question  whether  slaves  could  or  could  not  be  introduced  before 
the  organization  of  state  governments.  That  question  was  left  to  judicial 
decision.' 

"  So  in  respect  to  the  Nebraska  territory.     There  were  southern  men  who 
contended  they  would,  by  virtue  of  the  constitution,  take  their  slaves  thither, 
and  hold  them  there,  notwithstanding  the  Missouri  prohibition,  while  a  major 
ity  of  the  American  people,  north  and  south,  believed  that  prohibition  consti- 
40 


618  REPEAL  OF  THE  MISSOURI  COMPROMISE. 

tutional  and  effectual.  But  did  the  committee  propose  to  repeal  it,  or  suggest 
that  it  had  been  superseded  ?  No.  They  said  they  did  '  not  feel  themselves 
called  upon  to  enter  into  the  discussion  of  these  controverted  questions.  Con 
gress  deemed  it  wise  and  prudent  to  refrain  from  deciding  the  matters  in  con 
troversy  then,  either  by  affirming  or  repealing  the  Mexican  laws,  or  by  an  act 
declaratory  of  the  true  intent  of  the  constitution  and  the  extent  of  the  protec 
tion  afforded  by  it  to  slave  property  in  the  territories ;  so  your  committee  are 
not  prepared  now  to  recommend  a  departure  from  the  course  pursued  on  that 
memorable  occasion,  either  by  affirming  or  repealing  the  eighth  section  of  the 
Missouri  act,  or  by  any  act  declaratory  of  the  meaning  of  the  constitution  in 
respect  to  the  legal  points  in  dispute.' 

"  Mr.  President,  here  are  very  remarkable  facts.  The  committee  on  territo 
ries  declared  that  it  was  not  wise,  that  it  was  not  prudent,  that  it  was  not  right 
to  renew  the  old  controversy,  and  to  rouse  agitation.  They  declared  that  they 
would  abstain  from  any  recommendation  of  a  repeal  of  the  prohibition,  or  of 
any  provision  declaratory  of  the  construction  of  the  constitution  in  respect  to 
the  legal  points  in  dispute." 

Mr.  Chase  traced  the  progress  of  the  committee's  bill.  "  As  published  Jan 
uary  7th,  it  contained  twenty  sections.  On  the  10th,  it  was  published  again  : 
it  then  had  twenty-one  sections.  The  omission  of  the  last  section  was  alleged 

be  a  clerical  error.  It  was,  he  said,  a  singular  fact  that  this  twenty-first 
..action  was  not  in  harmony  with  the  committee's  report.  It  in  effect  repealed 
the  Missouri  prohibition,  which  the  committee,  in  their  report,  declared  ought 
not  to  be  done.  Was  it  possible  that  this  was  a  mere  clerical  error  ? 

"  But  the  addition  of  this  section  did  not  help  the  bill.  It  declared,  among 
other  things,  that  the  question  of  slavery  in  the  territories  and  in  the  states  to 
be  formed  therefrom,  was  to  be  left  to  the  decision  of  the  people  through  their 
representatives.  But  this  did  not  meet  the  approbation  of  the  southern  gen 
tlemen,  who  claimed  the  right  to  take  their  slaves  into  the  territories,  notwith 
standing  any  prohibition  either  by  congress  or  by  a  territorial  legislature.  It 
was  not  enough  that  the  committee  had  abandoned  their  report,  and  added  this 
twenty-first  section  in  direct  contravention  of  its  reasonings  and  principles ; 
the  section  must  itself  be  abandoned  and  the  repeal  of  the  Missouri  prohibition 
placed  in  a  shape  which  would  not  deny  the  slaveholding  claim.  He  next  alluded 
to  the  amendment  of  the  senator  from  Kentucky,  which  came  square  up  to 
repeal  and  to  the  claim.  The  amendment  probably  produced  some  fluttering 
and  some  consultation.  It  met  the  views  of  southern  senators,  and  probably 
determined  the  shape  which  the  bill  had  assumed.  For  it  was  just  seven 
days  after  the  amendment  had  been  offered  by  senator  Dixon,  that  a  fresh 
amendment  was  reported  from  the  committee  on  territories,  in  the  shape  of  a 
new  bill,  enlarged  to  forty  sections.  This  new  bill  cuts  off  from  the  proposed 
territory  half  a  degree  of  latitude  on  the  south,  and  divides  the  residue  into 
two  territories."  This  new  bill  thus  provided  for  the  repeal  of  the  Missouri 
prohibition : 

"  The  constitution  and  all  laws  of  the  United  States  which  are  not  locally  inap- 


REMARKS  OF  MR.  CHASE.  619 

plicable,  shall  have  the  same  force  and  effect  within  the  said  territory  of  Ne 
braska  as  elsewhere  within  the  United  States,  except  the  eighth  section  of  the 
act  preparatory  to  the  admission  of  Missouri  into  the  Union,  approved  March 
6,  1820,  which  was  superseded  by  the  principles  of  the  legislation  of  1850, 
commonly  called  the  compromise  measures,  and  is  therefore  declared  inopera 
tive.  ' 

"  Doubtless,  Mr.  President,  this  provision  operates  as  a  repeal  of  the  prohi 
bition.  The  senator  from  Kentucky  was  right  when  he  said  it  was  in  effect  the 
equivalent  of  his  amendment.  Those  who  are  willing  to  break  up  and  destroy 
the  old  compact  of  1820,  can  vote  for  this  bill  with  full  assurance  that  such 
will  be  its  effect.  But  I  appeal  to  them  not  to  vote  for  this  supersedure  clause. 
I  ask  them  not  to  incorporate  into  the  legislation  of  the  country  a  declaration 
which  every  one  knows  to  be  wholly  untrue.  I  have  said  that  this  doctrine  of 
supersedure  is  new.  I  have  now  proved  that  it  is  a  plant  of  but  ten  day's 
growth.  It  was  never  seen  or  heard  of  until  the  23d  day  of  January,  1854. 
It  was  upon  that  day  that  this  tree  of  Upas  was  planted  :  we  already  see  its 
poisonous  fruits. 

"  The  provision  I  have  quoted  abrogates  the  Missouri  prohibition.  It  as 
serts  no  right  in  the  territorial  legislature  to  prohibit  slavery.  The  senator 
from  Illinois,  in  his  speech,  was  very  careful  to  assert  no  right  of  legislation 
in  a  territorial  legislature,  except  subject  to  the  restrictions  and  limitations  of 
the  constitution.  We  know  well  enough  what  the  understanding  or  claim  of 
southern  gentlemen  is  in  respect  to  these  limitations  and  restrictions.  They 
insist  that  by  them  every  territorial  legislature  is  absolutely  precluded  from  all 
power  of  legislation  for  the  prohibition  of  slavery.  I  warn  gentlemen  who 
propose  to  support  this  bill,  that  their  votes  for  this  provision  will  be  regarded 
as  admitting  this  claim. " 

Having  thus  endeavored  to  prove  that  the  doctrine  that  the  Missouri  com 
promise  had  been  superseded  by  the  acts  of  1850,  was  new,  Mr.  Chase  at 
tempted  to  prove  it  unfounded.  Mr.  Douglas  had  charged  as  a  misrepresen 
tation,  the  statement  in  the  appeal  of  the  independent  democrats,  that  the  acts 
of  1850  were  intended  to  apply  to  the  territory  acquired  from  Mexico  only; 
and  that  they  did  not  touch  the  existing  exclusion  of  slavery  from  what  was 
now  called  Nebraska.  Mr.  Chase  referred  to  the  report  of  the  committee  of 
thirteen  in  1850,  which  distinctly  stated  that  the  compromise  measures  applied 
to  the  newly  acquired  territory,  and  he  appealed  to  Gen.  Cass,  who  sat  near 
him,  whether  any  thing  had  been  said  in  the  committee  of  thirteen,  or  else 
where,  which  indicated  a  purpose  to  apply  them  to  any  other  territory.  (Mr. 
Cass  remained  silent.)  Mr.  C.  therefore  assumed  that  he  was  correct;  and 
he  proceeded  at  length  in  attempting  to  disprove  the  assertion  of  Mr.  Doug 
las,  that  the  Missouri  compromise  had  been  superseded.  He  said  : 

"  But  the  senator  from  Illinois  says  that  the  territorial  compromise  acts  did 
in  fact  apply  to  other  territory  than  that  acquired  from  Mexico.  How  does 
he  prove  that  ?  He  says  that  a  part  of  the  territory  was  acquired  from  Texas. 
But  this  very  territory  which  he  says  was  acquired  from  Texas,  was  first  ac- 


G20  REPEAL  OF  THE  MISSOURI  COMPROMISE. 

quired  first  from  Mexico.  After  Mexico  ceded  it  to  the  United  States,  Texas 
claimed  that  that  cession  inured  to  her  benefit.  That  claim  only  was  relin 
quished  to  the  United  States.  The  case,  then,  stands  thus  :  we  acquired  the 
territory  from  Mexico  ;  Texas  claimed  it,  but  gave  up  her  claim.  This  cer 
tainly  does  not  disprove  the  assertion  that  the  territory  was  acquired  from 
Mexico,  and  as  certainly  it  does  not  sustain  the  senator's  assertion  that  it  was 
acquired  from  Texas. 

"  The  senator  next  tells  the  senate  and  the  country,  that  by  the  Utah  act, 
there  was  included  in  the  territory  of  Utah  a  portion  of  the  old  Louisiana  ac 
quisition,  covered  by  the  Missouri  prohibition,  which  prohibition  was  annulled 
as  to  that  portion  by  the  provisions  of  that  act.  Every  one  at  all  acquainted 
with  our  public  history  knows  that  the  dividing  line  between  Spain  and  the 
United  States  extended  due  north  from  the  source  of  the  Arkansas  to  the  42d 
parallel  of  north  latitude.  That  arbitrary  line  left  within  the  Louisiana  ac 
quisition  a  little  valley  in  the  midst  of  rocky  mountains,  where  several  branches 
of  the  Grand  river,  one  of  the  affluents  of  the  Colorado,  take  their  rise.  Here 
is  the  map.  Here  spreads  out  the  vast  territory  of  Utah,  more  than  one  hun 
dred  and  eighty-seven  thousand  square  miles.  Here  is  the  little  spot,  hardly 
a  pin's  point  upon  the  map,  which  I  cover  with  the  tip  of  my  little  fiuger, 
*.  which,  according  to  the  boundary  fixed  by  the  territorial  bill,  was  cut  off  from 
the  Louisiana  acquisition  and  included  in  Utah.  The  account  given  of  it  in 
the  senator's  speech  would  lead  one  to  suppose  that  it  was  an  important  part 
of  the  Louisiana  acquisition.  It  is,  in  fact,  not  of  the  smallest  consequence. 
There  are  no  inhabitants  there.  It  was  known  that  the  Rocky  Mountain  range 
was  very  near  the  arbitrary  line  fixed  by  the  treaty,  and  nobody  ever  dreamed 
that  the  adoption  of  that  range  as  the  eastern  boundary  of  Utah  would  abro 
gate  the  Missouri  prohibition.  The  senator  reported  that  boundary  line.  Did 
he  tell  the  senate  or  the  country  that  its  establishment  would  have  that  effect  ? 
No,  sir ;  never.  The  assertion  of  the  senator  that  a  '  close  examination  of  the 
Utah  act  clearly  establishes  the  fact  that  it  was  the  intent,  as  well  as  the  legal 
effect  of  the  compromise  measures  of  1850  to  supersede  the  Missouri  compro 
mise,  and  all  geographical  and  territorial  lines,'  is  little  short  of  preposterous. 
There  was  no  intent  at  all,  except  to  make  a  convenient  eastern  boundary  to 
Utah,  and  no  legal  effect  at  all  upon  the  Louisiana  acquisition,  except  to  cut 
off  from  it  the  little  valley  of  the  Middle  Park." 

Mr,  Douglas  had  charged  the  signers  of  the  appeal  with  misrepresentation 
in  assuming  that  it  was  the  policy  of  the  fathers  of  the  republic  to  prohibit 
slavery  in  all  the  territories  ceded  by  the  old  states  to  the  Union.  Mr.  Chase 
commenced  with  a  reference  to  the  sentiments  of  Jefferson,  and  traced  the  his 
tory  of  the  action  of  the  government  on  the  subject,  through  a  long  period  of 
years,  in  vindication  of  the  statement  controverted  by  Mr.  Douglas. 

Mr.  Chase's  amendment  was  negatived,  13  to  30. 

Mr.  Houston  advocated  the  rights  of  the  Indians  included  within  the  terri 
tories,  who  were  to  be  disturbed  by  this  bill.  He  adverted  to  the  pledges  made 
to  them  from  time  to  time,  and  especially  the  assurance  given  them  in  the  treaty 


REMARKS  OF  GEN.  CASS.  621 

of  1835,  that  their  lands  beyond  the  Mississippi  should  never,  without  their 
consent,  be  included  within  the  territorial  limits  or  jurisdiction  of  any  state  or 
territory.  He  objected  to  the  bill  on  other  grounds.  There  was  no  necessity 
for  joining  three  such  important  subjects.  The  organization  of  Nebraska  with 
out  a  sufficient  population  to  warrant  it,  nearly  all  being  Indian  territory ;  the 
organization  of  Kansas,  entirely  held  and  occupied  by  Indians  ;  and  the  repeal 
of  the  Missouri  compromise,  an  important  consideration  for  the  American  peo 
ple,  were  all  placed  in  this  omnibus  shape,  and  presented  for  action.  He  had 
on  former  occasions  supported  the  Missouri  compromise,  assisted  by  the  south, 
because  they  regarded  it  as  a  solemn  compact.  Texas,  he  said,  had  been  ad 
mitted  upon  that  principle.  It  was  an  express  condition  of  her  admission,  that 
in  all  new  states  formed  out  of  her  territory  north  of  36°  30',  slavery  should 
be  prohibited. 

Mr.  H.  said  he  had  voted  for  the  compromise  of  1850;  but  he  did  not  sup 
pose  that  he  was  voting  to  repeal  the  Missouri  compromise.  He  regarded  it 
as  a  final  settlement  of  this  mooted  question,  this  source  of  agitation.  Great 
trials  and  emergencies,  he  feared,  would  arise  between  the  north  and  the  south. 
The  south  was  in  a  minority ;  she  could  not  be  otherwise.  If  she  should  ac 
cede  to  the  violation  of  a  compact  so  sacred  as  this,  she  would  set  an  example 
that  would  be  followed  when  she  did  not  desire  it.  He  averred  that  he  would 
resist  every  attempt  to  infringe  or  repeal  the  Missouri  compromise. 

On  the  15th  of  February,  the  question  was  taken  on  the  substitute  of  the 
committee  reported  by  Mr.  Douglas,  to  strike  out  the  words  which  declared 
the  Missouri  compromise  to  be  superseded  by  that  of  1850,  and  to  insert  the 
provision  declaring  the  Missouri  compromise  inconsistent  with  the  principles 
of  non-intervention  of  congress  with  slavery  in  the  states  and  territories  as  re 
cognized  by  the  legislation  of  1850,  and  inoperative  and  void  ;  and  declaring  the 
people  free  to  regulate  their  domestic  institutions  in  their  own  way,  subject  only 
to  the  constitution  of  the  United  States.  The  substitute  was  adopted,  35  to  10. 

Mr.  Cass  expressed  his  regret  that  this  question  of  the  repeal  of  the  Mis 
souri  compromise,  which  opened  all  the  disputed  points  connected  with  the 
subject  of  congressional  action  upon  slavery  in  the  territories,  had  again  been 
brought  before  the  senate.  The  advantages  to  result  from  the  measure  would 
not  outweigh  the  injury  which  the  ill-feeling  accompanying  the  discussion  would 
produce.  Nor  would  the  south  derive  any  benefit  from  it,  as  no  human  power 
could  establish  slavery  in  the  regions  defined  by  these  bills.  He  was,  however, 
in  favor  of  the  amendment  of  the  committee  which  declared  that  the  people, 
whether  in  the  territories,  or  in  the  states  to  be  formed  from  them,  were  free  to 
regulate  their  domestic  institutions  in  their  own  way,  subject  only  to  the  con 
stitution  of  the  United  States. 

Mr.  Cass,  in  the  course  of  his  speech,  replied  to  the  complaints  that  the 
south  was  excluded  from,  and  robbed  of  the  territories,  and  that  they  were  ap 
propriated  to  the  north.  While  he  repeated  the  opinion  that  congress  was  not 
authorized  to  restrain  a  person,  by  legal  enactment,  from  taking  slaves  into  any 
territory  of  the  United  States,  he  maintained  that  the  prohibition  of  slavery 


622  REPEAL  OF  THE  MISSOURI  COMPROMISE. 

by  local  legislation  was  not  an  exclusion  of  the  south  more  than  the  north,  as 
a  slaveholder  and  a  non-slaveholder  could  go  into  such  territory  on  equal 
terms ;  and  he  denied  the  charge  of  the  south,  that  congress,  by  admitting  a 
state  whose  constitution  interdicts  slavery,  is  responsible  for  that  act. 

In  relation  to  the  power  of  congress  over  the  territories,  he  contended  that 
the  power  granted  by  the  constitution  to  regulate  and  "dispose  of  the  terri 
tory  and  other  property  of  the  United  States,"  meant  simply  the  power  to  dis 
pose  of  the  public  lands,  as  property,  and  did  not  include  the  power  of  life  and 
death  over  the  inhabitants. 

The  bill  was  further  discussed  until  March  2d,  when  the  vote  was  taken  on 
Mr.  Chase's  amendment,  to  allow  the  people  of  the  territory,  through  their 
representatives,  to  prohibit  slavery,  which  was  rejected  by  a  vote  of  36  to 
10.  Mr.  Badger's  amendment,  "  that  nothing  herein  contained  shall  be  con 
strued  to  revive  or  put  in  force  any  law  or  regulation  which  may  have  existed 
prior  to  the  act  of  March  6th,  1820,  either  protecting,  establishing,  prohibiting 
or  abolishing  slavery,"  was  carried,  yeas,  35  ;  nays,  6. 

On  the  3d  of  March,  the  bill  was  put  upon  its  final  passage,  when  a  long 
and  earnest  debate  ensued.  Mr.  Seward  addressed  the  senate  at  a  late  hour, 
as  follows:  '"•, •••'• 

Mr.  PRESIDENT  : — I  rise  with  no  purpose  of  further  resisting  or  even  delay 
ing  the  passage  of  this  bill.  Let  its  advocates  have  only  a  little  patience,  and 
they  will  soon  reach  the  object  for  which  they  have  struggled  so  earnestly  and 
so  long.  The  sun  has  set  for  the  last  time  upon  the  guaranteed  and  certain 
liberties  of  all  the  unsettled  and  unorganized  portions  of  the  American  conti 
nent  that  lie  within  the  jurisdiction  of  the  United  States.  To-morrow's  sun 
will  rise  in  dim  eclipse  over  them.  How  long  that  obscuration  shall  last,  is 
known  only  to  the  Power  that  directs  and  controls  all  human  events.  For 
myself,  I  know  only  this — that  now  no  human  power  will  prevent  its  coming 
on,  and  that  its  passing  off  will  be  hastened  and  secured  by  others  than  those 
now  here,  and  perhaps  by  only  those  belonging  to  future  generations. 

Sir,  it  would  be  almost  factious  to  offer  further  resistance  to  this  measure 
here.  Indeed,  successful  resistance  was  never  expected  to  be  made  in  this 
hall.  The  senate  floor  is  an  old  battle  ground,  on  which  have  been  fought 
many  contests,  and  always,  at  least  since  1820,  with  fortune  adverse  to  the 
cause  of  equal  and  universal  freedom.  We  were  only  a  few  here  who  engaged 
in  that  cause  in  the  beginning  of  this  contest.  All  that  we  could  hope  to 
do — all  that  we  did  hope  to  do — was  to  organize  and  to  prepare  the  issue  for 
the  house  of  representatives,  to  which  the  country  would  look  for  its  decision 
as  authoritative,  and  to  awaken  the  country  that  it  might  be  ready  for  the  ap 
peal  which  would  be  made,  whatever  the  decision  of  congress  might  be.  We 
are  no  stronger  now.  Only  fourteen  at  the  first,  it  will  be  fortunate  if,  among 
the  ills  and  accidents  which  surround  us,  we  shall  maintain  that  number  to 
the  end. 

We  are  now  on  the  eve  of  the  consummation  of  a  great  national  transac 
tion — a  transaction  which  will  close  a  cycle  in  the  history  of  our  country — and 


REMARKS  OF  MR.  SEWARD.  623 

It  is  impossible  not  to  desire  to  pause  a  moment  and  survey  the  scene  around 
us,  and  the  prospect  before  us.  However  obscure  we  may  individually  be,  our 
connection  with  this  great  transaction  will  perpetuate  our  names  for  the  praise 
or  for  the  censure  of  future  ages,  and  perhaps  in  regions  far  remote.  If,  then, 
we  had  no  other  motive  for  our  actions  but  that  of  an  honest  desire  for  a  just 
fame,  we  could  not  be  indifferent  to  that  scene  and  that  prospect.  But  indi 
vidual  interests  and  ambition  sink  into  insignificance  in  view  of  the  interests 
of  our  country  and  of  mankind.  These  interests  awaken,  at  least  in  me,  an 
intense  solicitude. 

It  was  said  by  some  in  the  beginning,  and  it  has  been  said  by  others  later  in 
this  debate,  that  it  was  doubtful  whether  it  would  be  the  cause  of  slavery  or 
the  cause  of  freedom  that  would  gain  advantages  from  the  passage  of  this  bill. 
I  do  not  find  it  necessary  to  be  censorious,  nor  even  unjust  to  others,  in  order 
that  my  own  course  may  be  approved.  I  am  sure  that  the  honorable  senator 
from  Illinois,  [Mr.  Douglas,]  did  not  mean  that  the  slave  states  should  gain  an 
advantage  over  the  free  states ;  for  he  disclaimed  it  when  he  introduced  the 
bill.  I  believe  in  all  candor,  that  the  honorable  senator  from  Georgia,  [Mr. 
Toombs,]  who  comes  out  at  the  close  of  the  battle  as  one  of  the  chiefest  lead 
ers  of  the  victorious  party,  is  sincere  in  declaring  his  own  opinion  that  the 
slave  states  will  gain  no  unjust  advantage  over  the  free  states,  because  he  dis 
claims  it  as  a  triumph  in  their  behalf.  Notwithstanding  all  this,  however, 
what  has  occurred  here  and  in  the  country,  during  this  contest,  has  compelled 
a  conviction  that  slavery  will  gain  something,  and  freedom  will  endure  a  severe, 
though  I  hope  not  an  irretrievable,  loss.  The  slaveholding  states  are  passive, 
quiet,  content,  and  satisfied  with  the  prospective  boon,  and  the  free  states  are 
excited  and  alarmed  with  fearful  forebodings  and  apprehensions.  The  im 
patience  for  the  speedy  passage  of  the  bill,  manifested  by  its  friends,  betrays  a 
knowledge  that  this  is  the  condition  of  public  sentiment  in  the  free  states. 
They  thought  in  the  begining  that  it  was  necessary  to  guard  the  measure  by 
inserting  the  Clayton  amendment,  which  would  exclude  unnaturalized  foreign 
inhabitants  of  the  territories  from  the  right  of  suffrage.  And  now  they  seem 
willing  with  almost  perfect  unanimity,  to  relinquish  that  safe-guard,  rather 
than  to  delay  the  adoption  of  the  principal  measure  for  at  most  a  year,  per 
haps  for  only  a  week  or  a  day.  Suppose  that  the  senate  should  adhere  to  that 
condition,  which  so  lately  was  thought  so  wise  and  so  important — what  then  ? 
The  bill  could  only  go  back  to  the  house  of  representatives,  which  must  either 
yield  or  insist !  In  the  one  case  or  in  the  other,  a  decision  in  favor  of  the  bill 
would  be  secured ;  for  even  if  the  house  should  disagree,  the  senate  would 
have  time  to  recede.  But  the  majority  will  hazard  nothing,  even  on  a  pros 
pect  so  certain  as  this.  They  will  recede  at  once,  without  a  moment's  further 
struggle,  from  the  condition,  and  thus  secure  the  passage  of  this  bill  now,  to 
night.  Why  such  haste  ?  Even  if  the  question  were  to  go  to  the  country  be 
fore  a  final  decision  here,  what  would  there  be  wrong  in  that  ?  There  is  110 
man  living  who  will  say  that  the  country  anticipated,  or  that  he  anticipated, 


624  REPEAL  OF  THE  MISSOURI  COMPROMISE. 

the  agitation  of  this  measure  in  congress,  when  this  congress  was  elected,  or 
even  when  it  assembled  in  December  last. 

Under  such  circumstances,  and  in  the  midst  of  agitation,  and  excitement, 
and  debates,  it  is  only  fair  to  say,  that  certainly  the  country  has  not  decided  in 
favor  of  the  bill.  The  refusal,  then,  to  let  the  question  go  to  the  country  is  a 
conclusive  proof  that  the  slave  states,  as  represented  here,  expect  from  the 
passage  of  this  bill  what  the  free  states  insist  that  they  will  lose  by  it — an  ad 
vantage,  a  material  advantage,  and  not  a  mere  abstraction.  There  are  men  in 
the  slaves  states,  as  in  the  free  states,  who  insist  always  too  pertinaciously  upon 
mere  abstractions.  But  that  is  not  the  policy  of  the  slave  states  to-day.  They 
are  in  earnest  in  seeking  for;  and  securing,  an  object,  and  an  important  one.  I 
believe  they  are  going  to  have  it.  I  do  not  know  how  long  the  advantage 
gained  will  last,  nor  how  great  or  comprehensive  it  will  be.  Every  senator 
who  agrees  with  me  in  opinion  must  feel  as  I  do — that  under  such  circumstances 
he  can  forego  nothing  that  can  be  done  decently,  with  due  respect  to  difference 
of  opinion,  and  consistently  with  the  constitutional  and  settled  rules  of  legis 
lation,  to  place  the  true  merits  of  the  question  before  the  country.  Questions 
sometimes  occur  which  seem  to  have  two  right  sides.  Such  were  the  questions 
that  divided  the  English  nation  between  Pitt  and  Fox — such  the  contest  be 
tween  the  assailant  and  the  defender  of  Quebec.  The  judgment  of  the  world 
was  suspended  by  its  sympathies,  and  seemed  ready  to  descend  in  favor  of  him 
who  should  be  most  gallant  in  conduct.  And  so,  when  both  fell  with  equal 
chivalry  on  the  same  field,  the  survivors  united  in  raising  a  common  monument 
to  the  glorious  but  rival  memories  of  Wolfe  and  Montcalm.  But  this  contest 
involves  a  moral  question.  The  slave  states  so  present  it.  They  maintain 
that  African  slavery  is  not  erroneous,  not  unjust,  not  inconsistent  with  the  ad 
vancing  cause  of  human  nature.  Since  they  so  regard  it,  I  do  not  expect  to 
see  statesmen  representing  those  states  indifferent  about  a  vindication  of  this 
system  by  the  congress  of  the  United  States.  On  the  other  hand,  we  of  the 
free  states  regard  slavery  as  erroneous,  unjust,  oppressive,  and  therefore  abso 
lutely  inconsistent  with  the  principles  of  the  American  constitution  and  govern 
ment.  Who  will  expect  us  to  be  indifferent  to  the  decisions  of  the  American 
people  and  of  mankind  on  such  an  issue  ? 

Again  :  there  is  suspended  on  the  issue  of  this  contest  the  political  equilib 
rium  between  the  free  and  the  slave  states.  It  is  no  ephemeral  question,  no 
idle  question,  whether  slavery  shall  go  on  increasing  its  influence  over  the  cen 
tral  power  here,  or  whether  freedom  shall  gain  the  ascendency.  I  do  not  ex 
pect  to  see  statesmen  of  the  slave  states  indifferent  on  so  momentous  a  ques 
tion,  and  as  little  can  it  be  expected  that  those  of  the  free  states  will  betray 
their  own  great  cause.  And  now  it  remains  for  me  to  declare,  in  view  of  the 
decision  of  this  controversy  so  near  at  hand,  that  1  have  seen  nothing  and 
heard  nothing  during  its  progress  to  change  the  opinions  which  at  the  earliest 
proper  period  I  deliberately  expressed.  Certainly,  I  have  not  seen  the  evi 
dence  then  promised,  that  the  free  states  would  acquiesce  in  the  measure.  As 
certainly,  too,  I  may  say  that  I  have  not  seen  the  fulfillment  of  the  promise 


REMARKS   OF  MR.   SEWARD.  625 

that  the  history  of  the  last  thirty  years  would  be  revised,  corrected,  and 
amended,  and  that  it  would  then  appear  that  the  country,  daring  all  that  pe 
riod,  had  been  resting  in  prosperity,  and  contentment,  and  peace,  not  upon  a 
valid,  constitutional,  and  irrevocable  compromise  between  the  slave  states  and 
the  free  states,  but  upon  an  unconstitutional  and  false,  and  even  infamous,  act 
of  congressional  usurpation. 

Oft  the  contrary,  I  am  now,  if  possible,  more  than  ever  satisfied  that,  after 
all  this  debate,  the  history  of  the  country  will  go  down  to  posterity  just  as  it 
stood  before,  carrying  to  them  the  everlasting  facts,  that  until  1820  the  con 
gress  of  the  United  States  legislated  to  prevent  the  introduction  of  slavery 
into  new  territories  whenever  that  object  was  practicable  ;  and  that  in  that 
year  they  so  far  modified  that  policy,  under  alarming  apprehensions  of  civil 
convulsion,  by  a  constitutional  enactment  in  the  character  of  a  compact,  as  to 
admit  Missouri  a  new  slave  state,  but  upon  the  express  condition,  stipulated  in 
favor  of  the  free  states,  that  slavery  should  forever  be  prohibited  in  all  the 
residue  of  the  existing  and  unorganized  territories  of  the  United  States  lying 
north  of  the  parallel  36°  30'  north  latitude.  Certainly,  I  find  nothing  to  win 
my  favor  toward  the  bill  in  the  proposition  of  the  senator  from  Maryland, 
[Mr.  Pearce,]  to  restore  the  Clayton  amendment,  which  was  struck  out  in  the 
house  of  representatives.  So  far  from  voting  for  that  proposition,  I  shall  vote 
against  it  now,  as  I  did  when  it  was  under  consideration  here  before,  in  accor 
dance  with  the  opinion  adopted  as  early  as  any  political  opinions  I  ever  had, 
and  cherished  as  long,  that  the  right  of  suffrage  is  not  a  mere  conventional 
right,  but  an  inherent  natural  right,  of  which  no  government  can  rightly  de 
prive  any  adult  man  who  is  subject  to  its  authority,  and  obligated  to  its  sup 
port. 

I  hold,  moreover,  sir  that  inasmuch  as  every  man  is,  by  force  of  circum 
stances  beyond  his  own  control,  a  subject  of  government  somewhere,  he  is,  by 
the  very  constitution  of  human  society,  entitled  to  share  equally  in  the  confer 
ring  of  political  power  on  those  who  wield  it,  if  he  is  not  disqualified  by  crime; 
that  in  a  despotic  government  he  ought  to  be  allowed  arms,  in  a  free  govern 
ment  the  ballot  or  the  open  vote,  as  a  means  of  self-protection  against  unen 
durable  oppression.  I  am  not  likely,  therefore,  to  restore  to  this  bill  an 
amendment  which  would  deprive  it  of  an  important  feature  imposed  upon  it 
by  the  house  of  representatives,  and  that  one,  perhaps,  the  only  feature  that 
harmonizes  with  my  own  convictions  of  justice.  It  is  true  that  the  house  stip 
ulates  such  suffrage  for  white  men  as  a  condition  for  opening  the  territory 
to  the  possible  proscription  and  slavery  of  the  African.  I  shall  separate 
them.  I  shall  vote  for  the  former  and  against  the  latter,  glad  to  get  universal 
suffrage  for  white  men,  if  only  that  can  be  gained  now,  and  working  right  on, 
full  of  hope  and  confidence,  for  the  prevention  or  the  abrogation  of  slavery  in 
the  territories  hereafter. 

Sir,  I  am  surprised  at  the  pertinacity  with  which  the  honorable  senator  from 
Delaware,  mine  ancient  and  honorable  friend,  [Mr.  Clayton,]  perseveres  in  op 
posing  the  granting  of  the  right  of  suffrage  to  the  unnaturalized  foreigner  in 


626  REPEAL   OF  THE  MISSOURI   COMPROMISE. 

the  territories.     Congress  cannot  deny  him  that  right.     Here  is  the  third  a 
ticle  of  that  convention  by  which  Louisiana,  including  Kansas  and  Nebraska, 
was  ceded  to  the  United  States : 

"  The  inhabitants  of  the  ceded  territory  shall  be  incorporated  in  the  Union 
of  the  United  States,  and  admitted  as  soon  as  possible,  according  to  the  prin 
ciples  of  the  federal  constitution,  to  the  enjoyment  of  the  rights,  privileges, 
and  immunities  of  citizens  of  the  United  States ;  and  in  the  mean  time  they 
shall  be  maintained  and  protected  in  the  free  enjoyment  of  their  liberty,  prop 
erty,  and  the  religion  they  profess." 

The  inhabitants  of  Kansas  and  Nebraska  are  citizens  already,  and  by  force 
of  this  treaty  must  continue  to  be,  and  as  such  to  enjoy  the  right  of  suffrage, 
whatever  laws  you  may  make  to  the  contrary.  My  opinions  are  well  known, 
to  wit :  that  slavery  is  not  only  an  evil,  but  a  local  one,  injurious  and  ulti 
mately  pernicious  to  society,  wherever  it  exists,  and  in  conflict  with  the  consti 
tutional  principles  of  society  in  this  country.  I  am  not  willing  to  extend  nor 
to  permit  the  extension  of  that  local  evil  into  regions  now  free  within  our 
empire.  I  know  that  there  are  some  who  differ  from  me,  and  who  regard  the 
constitution  of  the  United  States  as  an  instrument  which  sanctions  slavery  as 
well  as  freedom.  But  if  I  could  admit  a  proposition  so  incongruous  with  the 
letter  and  spirit  of  the  federal  constitution,  and  the  known  sentiments  of  its 
illustrious  founders,  and  so  should  conclude  that  slavery  was  national,  I  must 
still  cherish  the  opinion  that  it  is  an  evil ;  and  because  it  is  a  national  one,  I 
am  the  more  firmly  held  and  bound  to  prevent  an  increase  of  it,  tending,  as  I 
think  it  manifestly  does,  to  the  weakening  and  ultimate  overthrow  of  the  con 
stitution  itself,  and  therefore  to  the  injury  of  all  mankind.  I  know  there  have 
been  states  which  have  endured  long,  and  achieved  much,  which  tolerated 
slavery ;  but  that  was  not  the  slavery  of  caste,  like  African  slavery.  Such 
slavery  tends  to  demoralize  equally  the  subjected  race  and  the  superior  one. 
It  has  been  the  absence  of  such  slavery  from  Europe  that  has  given  her  nations 
their  superiority  over  other  countries  in  that  hemisphere.  Slavery,  wherever 
it  exists,  begets  fear,  and  fear  is  the  parent  of  weakness.  "What  is  the  secret 
of  that  eternal,  sleepless  anxiety  in  the  legislative  halls,  and  even  at  the  fire 
sides  of  the  slave  states,  always  asking  new  stipulations,  new  compromises 
and  abrogation  of  compromises,  new  assumptions  of  power  and  abnegations 
of  power,  but  fear  ?  It  is  the  apprehension  that,  even  if  safe  now,  they  will 
not  always  or  long  be  secure  against  some  invasion  or  some  aggression  from 
the  free  states.  What  is  the  secret  of  the  humiliating  part  which  proud  old 
Spain  is  acting  at  this  day,  trembling  between  alarms  of  American  intrusion 
into  Cuba  on  one  side,  and  British  dictation  on  the  other,  but  the  fact  that 
she  has  cherished  slavery  so  long,  and  still  cherishes  it,  in  the  last  of  her 
American  colonial  possessions?  Thus  far  Kansas  and  Nebraska  are  safe, 
under  the  laws  of  1820,  against  the  introduction  of  this  element  of  national 
debility  and  decline.  The  bill  before  us,  as  we  are  assured,  contains  a  great 
principle,  a  glorious  principle ;  and  yet  that  principle,  when  fully  ascertained, 
proves  to  be  nothing  less  than  the  subversion  of  that  security,  not  only  within 


REMARKS  OF  MR.  SEWARD. 

the  territories  of  Kaiisas  and  Nebraska,  but  within  all  the  other  present  and 
future  territories  of  the  United  States.  Thus  it  it  is  quite  clear  that  it  is  not 
a  principle  alone  that  is  involved,  but  that  those  who  crowd  this  measure  with 
so  much  zeal  and  earnestness  must  expect  that  either  freedom  or  slavery  shall 
gain  something  by  it  in  those  regions.  The  case,  then,  stands  thus  in  Kansas 
and  Nebraska :  freedom  may  lose,  but  certainly  can  gain  nothing ;  while 
slavery  may  gain,  but  as  certainly  can  lose  nothing. 

So  far  as  I  am  concerned,  the  time  for  looking  on  the  dark  side  has  passed. 
I  feel  quite  sure  that  slavery  at  most  can  get  nothing  more  than  Kansas ; 
while  Nebraska — the  wider  northern  region — will,  under  existing  circum 
stances,  escape,  for  the  reason  that  its  soil  and  climate  are  uncongenial  with 
the  staples  of  slave  culture — rice,  sugar,  cotton,  and  tobacco.  Moreover,  since 
the  public  attention  has  been  so  well  and  so  effectually  directed  toward  the 
subject,  I  cherish  a  hope  that  slavery  may  be  prevented  even  from  gaining  a 
foothold  in  Kansas.  Congress  only  gives  consent,  but  it  does  not  and  cannot 
introduce  slavery  there.  Slavery  will  be  embarrassed  by  its  own  overgrasping 
spirit.  No  one,  I  am  sure,  anticipates  the  possible  reestablishment  of  the 
African  slave-trade.  The  tide  of  emigration  to  Kansas  is  therefore  to  be  sup 
plied  there  solely  by  the  domestic  fountain  of  slave  production.  But  slavery 
has  also  other  regions  besides  Kansas  to  be  filled  from  that  fountain.  There 
are  all  of  New  Mexico  and  all  of  Utah  already  within  the  United  States ;  and 
then  there  is  Cuba  that  consumes  slave  labor  and  life  as  fast  as  any  one  of  the 
slaveholding  states  can  supply  it ;  and  besides  these  regions,  there  remains  all 
of  Mexico  down  to  the  Isthmus.  The  stream  of  slave  labor  flowing  from  so 
small  a  fountain,  and  broken  into  several  divergent  channels,  will  not  cover  so 
great  a  field ;  and  it  is  reasonably  to  be  hoped  that  the  part  of  it  nearest  to 
the  North  Pole  will  be  the  last  to  be  inundated.  But  African  slave  emigra 
tion  is  to  compete  with  free  emigration  of  white  men,  and  the  source  of  this 
latter  tide  is  as  ample  as  the  civilization  of  the  two  entire  continents.  The 
honorable  senator  from  Delaware  mentioned,  as  if  it  were  a  startling  fact,  that 
twenty  thousand  European  immigrants  arrived  in  New  York  in  one  month. 
Sir,  he  has  stated  the  fact  with  too  much  moderation.  On  my  return  to  the 
capital  a  day  or  two  ago,  I  met  twelve  thousand  of  these  emigrants  who  had 
arrived  in  New  York  on  one  morning,  and  who  had  thronged  the  churches  on 
the  following  Sabbath,  to  return  thanks  for  deliverence  from  the  perils  of  the 
sea,  and  for  their  arrival  in  the  land,  not  of  slavery,  but  of  liberty.  I  also 
thank  God  for  their  escape,  and  for  their  coming.  They  are  now  on  their  way 
westward,  and  the  news  of  the  passage  of  this  bill  preceding  them,  will  speed 
many  of  them  towards  Kansas  and  Nebraska.  Such  arrivals  are  not  extraor 
dinary — they  occur  almost  every  week ;  and  the  immigration  from  Germany, 
from  Great  Britian,  and  from  Norway,  and  from  Sweden,  during  the  European 
war,  will  rise  to  six  or  seven  hundred  thousand  souls  in  a  year.  And  with 
this  tide  is  to  be  mingled  one  rapidly  swelling  from  Asia  and  from  the  islands 
of  the  south  seas.  All  the  immigrants  under  this  bill,  as  the  house  of  repre 
sentatives  overruling  you  have  ordered,  will  be  good,  loyal,  liberty-loving, 


628  REPEAL  OF  THE  MISSOURI  COMPROMISE. 

slavery-fearing   citizens.      Come   on,  then,    gentlemen   of   the   slave   statei 
Since  there  is  no  escaping  your  challenge,  I  accept  it  in  behalf  of  the  cause  01 
freedom.     We  will  engage  in  competition  for  the  virgin  soil  of  Kansas,  and 
God  give  the  victory  to  the  side  which  is  stronger  in  numbers  as  it  is  in  right. 

There  are,  however,  earnest  advocates  of  this  bill,  who  do  not  expect,  and 
who,  I  suppose,  do  not  desire  that  slavery  shall  gain  possession  of  Nebraska. 
What  do  they  expect  to  gain  ?  The  honorable  senator  from  Indiana  (Mr. 
Pettit)  says  that  by  thus  obliterating  the  Missouri  compromise  restriction, 
they  will  gain  a  tabula  rasa,  on  which  the  inhabitants  of  Kansas  and  Nebraska 
may  write  whatever  they  will.  This  is  the  great  principle  of  the  bill,  as  he 
understands  it.  Well,  what  gain  is  there  in  that  ?  You  obliterate  a  consti 
tution  of  freedom.  If  they  write  a  new  constitution  of  freedom,  can  the  new 
be  better  than  the  old  ?  If  they  write  a  constitution  of  slavery,  will  it  not  be 
a  worse  one  ?  I  ask  the  honorable  senator  that.  But  the  honorable  senator 
says  that  the  people  of  Nebraska  will  have  the  privilege  of  establishing  insti 
tutions  for  themselves.  They  have  now  the  privilege  of  establishing  free 
institutions.  Is  it  a  privilege,  then,  to  establish  slavery  ?  If  so,  what  a 
mockery  are  all  our  constitutions,  which  prevent  the  inhabitants  from  capri 
ciously  subverting  free  institutions  and  establishing  institutions  of  slavery  ! 
Sir,  it  is  a  sophism,  a  subtlety,  to  talk  of  conferring  upon  a  country,  already 
secure  in  the  blessings  of  freedom,  the  power  of  self-destruction. 

What  mankind  everywhere  want,  is  not  the  removal  of  the  constitutions  of 
freedom  which  they  have,  that  they  may  make  at  their  pleasure  constitutions 
of  slavery  or  freedom,  but  the  privilege  of  retaining  constitutions  of  freedom 
when  they  already  have  them,  and  the  removal  of  constitutions  of  slavery 
when  they  have  them,  that  they  may  establish  constitutions  of  freedom  in  their 
place.  We  hold  on  tenaciously  to  all  existing  constitutions  of  freedom.  Who 
denounces  any  man  for  diligently  adhering  to  such  constitutions  ?  Who  would 
dare  to  denounce  any  one  for  disloyalty  to  our  existing  constitutions,  if  they 
were  constitutions  of  despotism  and  slavery  ?  But  it  is  supposed  by  some  that 
this  principle  is  less  important  in  regard  to  Kansas  and  Nebraska  than  as  a 
general  one — a  general  principle  applicable  to  all  other  present  and  future 
territories  of  the  United  States.  Do  honorable  senators  then  indeed  suppose 
they  are  establishing  a  principle  at  all  ?  If  so,  I  think  they  egregiously  err, 
whether  the  principle  is  either  good  or  bad,  right  or  wrong.  They  are  not 
establishing  it,  and  cannot  establish  it  in  this  way.  You  subvert  one  law 
capriciously  by  making  another  law  in  its  place.  That  is  all.  Will  your  law 
have  any  more  weight,  authority,  solemnity,  or  binding  force  on  future  con 
gresses  than  the  first  had  ?  You  abrogate  the  law  of  your  predecessors — 
others  will  have  equal  power  and  equal  liberty  to  abrogate  yours.  You  allow 
no  barriers  around  the  old  law,  to  protect  it  from  abrogation.  You  erect  none 
around  your  new  law,  to  stay  the  hand  of  future  innovators. 

On  what  ground  do  you  expect  the  new  law  to  stand  ?  If  you  are  candid, 
you  will  confess  that  you  rest  your  assumptions  on  the  ground  that  the  free 
states  will  never  agitate  repeal,  but  always  acquiesce.  It  may  be  that  you 


REMARKS  OF  MR.  SEWARD.  629 

are  right.  I  am  not  going  to  predict  the  course  of  the  free  States.  I  claim 
no  authority  to  speak  for  them,  and  still  less  to  say  what  they  will  do.  But  I 
may  venture  to  say,  that  if  they  shall  not  repeal  this  law  it  will  not  be  because 
they  are  not  strong  enough  to  do  it.  They  have  power  in  the  house  of  repre 
sentatives  greater  than  that  of  the  slave  states,  and,  when  they  choose  to 
exercise  it,  a  power  greater  even  here  in  the  senate.  The  free  States  are  not 
dull  scholars,  even  in  practical  political  strategy.  When  you  shall  have  taught 
them  that  a  compromise  law  establishing  freedom  can  be  abrogated,  and  the 
Union  nevertheless  stand,  you  will  have  let  them  into  another  secret,  namely : 
that  a  law  permitting  or  establishing  slavery  can  be  repealed,  and  the  Union 
nevertheless  remain  firm.  If  you  inquire  why  they  do  not  stand  by  their  rights 
and  their  interests  more  firmly,  I  will  tell  you  to  the  best  of  my  ability.  It  is 
because  they  are  conscious  of  their  strength,  and,  therefore,  unsuspecting  and 
slow  to  apprehend  danger.  The  reason  why  you  prevail  in  so  many  contests, 
is  because  you  are  in  perpetual  fear. 

There  cannot  be  a  convocation  of  abolitionists,  however  impracticable,  in 
Faneuil  Hall  or  the  Tabernacle,  though  it  consists  of  men  and  women  who 
have  separated  themselves  from  all  effective  political  parties,  and  who  have 
renounced  all  political  agencies,  even  though  they  resolve  that  they  will  vote 
for  nobody,  not  even  for  themselves,  to  carry  out  their  purposes,  and  though 
they  practice  on  that  resolution,  but  you  take  alarm,  and  your  agitation  ren 
ders  necessary  such  compromises  as  those  of  1820  and  of  1850.  We  are 
young  in  the  arts  of  politics ;  you  are  old.  We  are  strong ;  you  are  weak. 
We  are,  therefore,  over-confident,  careless,  and  indifferent;  you  are  vigilant 
and  active.  These  are  traits  that  redound  to  your  praise.  They  are  men 
tioned  not  in  your  disparagement.  I  say  only  that  there  may  be  an  extent  of 
intervention,  of  aggression  on  your  side,  which  may  induce  the  north,  at  some 
time,  either  in  this  or  some  future  generation,  to  adopt  your  tactics  and  follow 
your  example.  Remember  now,  that  by  unanimous  consent,  this  new  law  will 
be  a  repealable  statute,  exposed  to  all  the  chances  of  the  Missouri  compromise. 
It  stands  an  infinitely  worse  chance  of  endurance  than  that  compromise  did. 

The  Missouri  compromise  was  a  transaction  which  wise,  learned,  patriotic 
statesmen  agreed  to  surround  and  fortify  with  the  principles  of  a  compact  for 
mutual  considerations,  passed  and  executed,  and  therefore,  although  not  irre- 
pealable  in  fact,  yet  irrepealable  in  honor  and  conscience,  and  down  at  least 
until  this  very  session  of  the  congress  of  the  United  States,  it  has  had  the 
force  and  authority  not  merely  of  an  act  of  congress,  but  of  a  covenant 
between  the  free  states  and  slave  states,  scarcely  less  sacred  than  the  consti 
tution  itself.  Now,  then,  who  are  your  contracting  parties  in  the  law  estab 
lishing  governments  in  Kansas  and  Nebraska,  and  abrogating  the  Missouri 
compromise  ?  What  are  the  equivalents  in  this  law  ?  What  has  the  north 
given,  and  what  has  the  south  got  back,  that  makes  this  a  contract  ?  Who 
pretends  that  it  is  anything  more  than  an  ordinary  act  of  ordinary  legislation  ? 
If,  then,  a  law  which  has  all  the  forms  and  solemnities  recognized  by  common 
consent  as  a  compact,  and  is  covered  with  traditions,  cannot  stand  amid  this 


630  REPEAL  OF  THE  MISSOURI  COMPROMISE. 

shuffling  of  the  balance  between  the  free  states  and  the  slave  states,  tell  me 
what  chances  this  new  law  that  you  are  passing  will  have  ? 

You  are,  moreover,  setting  a  precedent  which  abrogates  all  compromises. 
Pour  years  ago  you  obtained  the  consent  of  a  portion  of  the  free  tates — 
enough  to  render  the  effort  at  immediate  repeal  or  resistance  alike  impossi 
ble — to  what  we  regard  as  an  unconstitutional  act  for  the  surrender  of  fugitive 
slaves.  That  was  declared  by  the  common  consent  of  the  persons  acting  in 
the  name  of  the  two  parties,  the  slave  states  and  the  free  states  in  congress, 
an  irrepealable  law — not  even  to  be  questioned,  although  it  violated  the  con 
stitution.  In  establishing  this  new  principle,  you  expose  that  law  also  to  the 
chances  of  repeal.  You  not  only  so  expose  the  fugitive  slave  law,  but  there 
is  no  solemnity  about  the  articles  for  the  annexation  of  Texas  to  the  United 
states,  which  does  not  hang  about  the  Missouri  compromise ,  and  when  you 
have  shown  that  the  Missouri  compromise  can  be  repealed,  then  the  articles  for 
the  annexation  of  Texas  are  subject  to  the  will  and  pleasure  and  the  caprice 
of  a  temporary  majority  in  congress.  Do  you,  then,  expect  that  the  free 
states  are  to  observe  compacts,  and  you  to  be  at  liberty  to  break  them ;  that 
they  are  to  submit  to  laws  and  leave  them  on  the  statute-book,  however  uncon 
stitutional  and  however  grievous,  and  that  you  are  to  rest  under  no  such  obli 
gation  ?  I  think  it  is  not  a  reasonable  expectation.  Say,  then,  who  from  the 
north  will  be  bound  to  admit  Kansas,  when  Kansas  shall  come  in  here,  if  she 
shall  come  as  a  slave  state  ? 

The  honorable  senator  from  Georgia  (  Mr.  Toombs  ) — and  I  know  he  is  as 
sincere  as  he  is  ardent — says  if  he  shall  be  here  when  Kansas  comes  as  a  free 
state,  he  will  vote  for  her  admission.  I  doubt  not  that  he  would ;  but  he  will 
not  be  here,  for  the  very  reason,  if  there  be  no  other,  that  he  would  vote  that 
way.  When  Oregon  or  Minnesota  shall  come  here  for  admission — within  one 
year,  or  two  years,  or  three  years  from  this  time — we  shall  then  see  what  your 
new  principle  is  worth  in  its  obligation  upon  the  slaveholding  states.  No ; 
you  establish  no  principle,  you  only  abrogate  a  principle  which  was  established 
for  your  own  security  as  well  as  ours ;  and  while  you  think  you  are  abaegating 
and  resigning  all  power  and  all  authority  on  this  subject  into  the  hands  of  the 
people  of  the  territories,  you  are  only  getting  over  a  difficulty  in  settling  this 
question  in  the  organization  of  two  new  territories,  by  postponing  it  till  they 
come  Here  to  be  admitted  as  states,  slave  or  free. 

Sir,  in  saying  that  your  new  principle  will  not  be  established  by  this  bill,  I 
reason  from  obvious,  clear,  well-settled  principles  of  human  nature.  Slavery 
and  freedom  are  antagonistical  elements  of  this  country.  The  founders  of  the 
constitution  framed  it  with  a  knowledge  of  that  antagonism,  and  suffered  it  to 
continue,  that  it  might  work  out  its  own  ends.  There  is  a  commercial  anta 
gonism,  an  irreconcilable  one,  between  the  systems  of  free  labor  and  slave 
labor.  They  have  been  at  war  with  each  other  ever  since  the  government  was 
established,  and  that  war  is  to  continue  forever.  The  contest,  when  it  ripens 
between  these  two  antagonistic  elements,  is  to  be  settled  somewhere ;  it  is  to 
be  settled  in  the  seat  of  central  power,  in  the  federal  legislature.  Tte  consti- 


REMARKS  OF  MR.  SEWARD.  631 

tution  makes  it  the  duty  of  the  central  government  to  determine  questions,  as 
often  as  they  shall  arise,  in  favor  of  one  or  the  other  party,  and  refers  the  de 
cision  of  them  to  the  majority  of  the  votes  in  the  two  houses  of  congress.  It 
will  come  back  here,  then,  in  spite  of  all  the  efforts  to  escape  from  it. 

This  antagonism  must  end  either  in  a  separation  of  the  antagonistic  parties — 
the  slaveholding  states  and  the  free  states — or,  secondly,  in  the  complete  estab 
lishment  of  the  influence  of  the  slave  power  over  the  free — or  else,  on  the  other 
hand,  in  the  establishment  of  the  superior  influence  of  freedom  over  the  inter 
ests  of  slavery.  It  will  not  be  terminated  by  a  voluntary  secession  of  either 
party.  Commercial  interests  bind  the  slave  states  and  the  free  states  together 
in  links  of  gold  that  are  riveted  with  iron,  and  they  cannot  be  broken  by  pas 
sion  or  by  ambition.  Either  party  will  submit  to  the  ascendency  of  the  other, 
rather  than  yield  the  commercial  advantages  of  this  Union.  Political  ties  bind 
the  Union  together — a  common  necessity,  and  not  merely  a  common  necessity, 
but  the  common  interests  of  empire — of  such  empire  as  the  world  has  never 
before  seen.  The  control  of  the  national  power  is  the  control  of  the  great 
western  continent ;  and  the  control  of  this  continent  is  to  be,  in  a  very  few 
years,  the  controlling  influence  in  the  world.  Who  is  there  north,  that  hates 
slavery  so  much,  or  who  south,  that  hates  emancipation  so  intensely,  that  he 
can  attempt,  with  any  nope  of  success,  to  break  a  Union  thus  forged  and  welded 
together  ?  I  have  always  heard,  with  equal  pity  and  disgust,  threats  of  dis 
union  in  the  free  states,  and  similar  threats  in  the  slaveholding  states.  I  know 
that  men  may  rave  in  the  heat  of  passion,  and  under  great  political  excitement ; 
but  I  know  that  when  it  comes  to  a  question  whether  this  Union  shall  stand, 
either  with  freedom  or  with  slavery,  the  masses  will  uphold  it,  and  it  will  stand 
until  some  inherent  vice  in  its  constitution,  not  yet  disclosed,  shall  cause  its 
dissolution.  Now,  entertaining  these  opinions,  there  are  for  me  only  two  alter 
natives,  viz  :  either  to  let  slavery  gain  unlimited  sway,  or  so  to  exert  what  lit 
tle  power  and  influence  I  may  have,  as  to  secure,  if  I  can,  the  ultimate  pre 
dominance  of  freedom. 

In  doing  this,  I  do  no  more  than  those  who  believe  the  slave  power  is  Tightest, 
wisest,  and  best,  are  doing,  and  will  continue  to  do,  with  my  free  consent,  to 
establish  its  complete  supremacy.  If  they  shall  succeed,  I  still  shall  be,  as  I 
have  been,  a  loyal  citizen.  If  we  succeed,  I  know  they  will  be  loyal  also,  be 
cause  it  will  be  safest,  wisest,  and  best  for  them  to  be  so.  The  question  is  one, 
not  of  a  day,  or  of  a  year,  but  of  many  years,  and,  for  aught  I  know,  many 
generations.  Like  all  other  great  political  questions,  it  will  be  attended  some 
times  by  excitement,  sometimes  by  passion,  and  sometimes,  perhaps,  even  by 
faction ;  but  it  is  sure  to  be  settled  in  a  constitutional  way,  without  any  violent 
shock  to  society,  or  to  any  of  its  great  interests.  It  is,  moreover,  sure  to  be 
settled  rightly ;  because  it  will  be  settled  under  the  benign  influences  of  repub 
licanism  and  Christianity,  according  to  the  principles  of  truth  and  justice,  as 
ascertained  by  human  reason.  In  pursuing  such  a  course,  it  seems  to  me  obvi 
ously  as  wise  as  it  is  necessary  to  save  all  existing  laws  and  constitutions  which 
are  conservative  of  freedom,  and  to  permit,  as  far  as  possible,  the  establishment 


632  REPEAL  OF  THE  MISSOURI  COMPROMISE. 

of  no  new  ones  in  favor  of  slavery ;  and  thus  to  turn  away  the  thoughts  of  the 
states  which  tolerate  slavery,  from  political  efforts  to  perpetuate  what  in  its 
nature  cannot  be  perpetual,  to  the  more  wise  and  benign  policy  of  emanci 
pation. 

This,  in  my  humble  judgment,  is  the  simple,  easy  path  of  duty  for  the  Ameri 
can  statesman.  I  will  not  contemplate  that  other  alternative — the  greater 
ascendency  of  the  slave  power.  I  believe  that  if  it  shall  ever  come,  the  voice 
of  freedom  will  cease  to  be  heard  in  these  halls,  whatever  may  be  the  evils  and 
dangers  which  slavery  shall  produce.  I  say  this  without  disrespect  for  repre 
sentatives  of  slave  states,  and  I  say  it  because  the  rights  of  petition  and  of 
debate  on  that  are  effectually  suppressed — necessarily  suppressed — in  all  the 
slave  states,  and  because  they  are  not  always  held  in  reverence,  even  now,  in 
the  two  houses  of  congress.  When  freedom  of  speech  on  a  subject  of  such 
vital  interest  shall  have  ceased  to  exist  in  congress,  then  I  shall  expect  to  see 
slavery  not  only  luxuriating  in  all  new  territories,  but  stealthily  creeping  even 
into  the  free  states  themselves.  Believing  this,  and  believing,  also,  that  com 
plete  responsibility  of  the  government  to  the  people  is  essential  to  public  and 
private  safety,  and  that  decline  and  ruin  are  sure  to  follow  always  in  the  train 
of  slavery,  I  am  sure  that  this  will  be  no  longer  a  land  of  freedom  and  consti 
tutional  liberty  when  slavery  shall  have  thus  become  paramount. 

Sir,  I  have  always  said  that  I  should  not  despond,  even  if  this  fearful  mea 
sure  should  be  effected ;  nor  do  I  now  despond.  Although,  reasoning  from 
my  present  convictions,  I  should  not  have  voted  for  the  compromise  of  1820, 
I  have  labored,  in  the  very  spirit  of  those  who  established  it,  to  save  the  land 
mark  of  freedom  which  it  assigned.  I  have  not  spoken  irreverently  even  of 
the  compromise  of  1850,  which,  as  all  men  know,  I  opposed  earnestly  and  with 
diligence.  Nevertheless,  I  have  always  preferred  the  compromises  of  the  con- 
titution,  and  have  wanted  no  others.  I  feared  all  others.  This  was  a  leading 
principle  of  the  great  statesman  of  the  south,  (Mr.  Calhoun).  Said  he  : 

"  I  see  my  way  in  the  constitution  ;  I  cannot  in  a  compromise.  A  compro 
mise  is  but  an  act  of  congress.  It  may  be  overruled  at  any  time.  It  gives 
us  no  security.  But  the  constitution  is  stable.  It  is  a  rock  on  which  we  can 
stand,  and  on  which  we  can  meet  our  friends  from  the  non-slaveholding  states. 
It  is  a  firm  and  stable  ground,  on  which  we  can  better  stand  in  opposition  to 
fanaticism  than  on  the  shifting  sands  of  compromise.  Let  us  be  done  with 
compromises.  Let  us  go  back  and  stand  upon  the  constitution." 

I  stood  upon  this  ground  in  1850,  defending  freedom  upon  it  as  Mr.  Cal 
houn  did  in  defending  slavery.  I  was  overruled  then,  and  I  have  waited  since 
without  proposing  to  abrogate  any  compromises. 

It  has  been  no  proposition  of  mine  to  abrogate  them  now ;  but  the  proposi 
tion  has  come  from  another  quarter — from  an  adverse  one.  It  is  about  to  pre 
vail.  The  shifting  sands  of  compromise  are  passing  from  under  my  feet,  and 
they  are  now,  without  agency  of  my  own,  taking  hold  again  on  the  rock  of  the 
constitution.  It  shall  be  no  fault  of  mine  if  they  do  not  remain  firm.  This 
seems  to  me  auspicious  of  better  days  and  wiser  legislation.  Through  all  the 


PASSAGE   OF   THE   KANSAS-NEBRASKA  BILL.  638 

darkness  and  gloom  of  the  present  hour,  bright  stars  are  breaking,  that  inspire 
me  with  hope,  and  excite  me  to  perseverance.  They  show  that  the  day  of 
compromises  has  past  forever,  and  that  henceforward  all  great  questions  be 
tween  freedom  and  slavery  legitimately  coming  here — and  none  other  can 
come — shall  be  decided,  as  they  ought  to  be,  upon  their  merits,  by  a  fair  exer 
cise  of  legislative  power,  and  not  by  bargains  of  equivocal  prudence,  if  not  of 
doubtful  morality. 

The  house  of  representatives  has,  and  it  always  will  have,  an  increasing  ma 
jority  of  members  from  the  free  states.  On  this  occasion,  that  house  has  not 
been  altogether  faithless  to  the  interests  of  the  free  states ;  for,  although  it  has 
taken  away  the  charter  of  freedom  from  Kansas  and  Nebraska,  it  lias,  at  the 
same  time,  told  this  proud  body,  in  language  which  compels  acquiescence,  that 
in  submitting  the  question  of  its  restoration,  it  would  submit  it  not  merely  to 
interested  citizens,  but  to  the  alien  inhabitants  of  the  territories  also.  So  the 
great  interests  of  humanity  are,  after  all,  thanks  to  the  house  of  representatives, 
and  thanks  to  God,  submitted  to  the  voice  of  human  nature. 

Sir,  I  see  one  more  sign  of  hope.  The  great  support  of  slavery  in  the  south 
has  been  its  alliance  with  the  democratic  party  of  the  north.  By  means  of 
that  alliance,  it  obtained  paramount  influence  in  this  government  about  the 
year  1800,  which  from  that  time  to  this,  with  but  few  and  slight  interruptions, 
it  has  maintained.  While  democracy  in  the  north  has  thus  been  supporting 
slavery  in  the  south,  the  people  of  the  north  have  been  learning  more  pro 
foundly  the  principles  of  republicanism  and  of  free  government.  It  is  an  ex 
traordinary  circumstance,  which  you,  sir,  the  present  occupant  of  the  chair, 
(Mr.  Stuart,)  I  am  sure  will  not  gainsay,  that  at  this  moment,  when  there 
seems  to  be  a  more  complete  divergence  of  the  federal  government  in  favor 
of  slavery  than  ever  before,  the  sentiment  of  universal  liberty  is  stronger  in  all 
free  states  than  it  ever  was  before.  With  that  principle,  the  present  democratic 
party  must  now  come  into  a  closer  contest.  Their  prestige  of  democracy  is 
fast  waning,  by  reason  of  the  hard  service  which  their  alliance  with  their  slave- 
holding  brethren  has  imposed  upon  them.  That  party  perseveres,  as  indeed  it 
must,  by  reason  of  its  very  constitution,  in  that  service,  and  thus  comes  into 
closer  conflict  with  elements  of  true  democracy,  and  for  that  reason  is  destined 
to  lose,  and  is  fast  losing,  the  power  which  it  has  held  so  firmly  and  long.  That 
power  will  not  be  restored  until  the  principle  established  here  now  shall  be 
reversed,  and  a  constitution  shall  be  given,  not  only  to  Kansas  and  Nebraska, 
but  also  to  every  other  national  territory,  which  will  be  not  a  tabula  rasa,  but 
a  constitution  securing  equal,  universal,  and  perpetual  freedom. 

Mr.  Douglas  closed  the  debate ;  the  vote  was  taken,  and  the  bill  passed ; 
yeas  37,  nays  14. 

In  the  house,  a  bill  had  been  reported  on  the  31st  of  January,  by  Richard 
son,  of  Illinois,  for  which,  on  the  8th  of  May,  he  offered  as  a  substitute  the 
jenate  bill,  leaving  out  Clayton's  amendment.     On  the  22d  the  substitute  was 
idopted,  and  finally  passed  by  a  vote  of  113  yeas  to  100  nays,  as  follows : 
41 


REPEAL  OF  THE  MISSOURI  COMPROMISE. 

Representatives  from  free  states  in  favor  of  the  bill 44 

Representatives  from  slave  states  in  favor  of  the  bill 69 

—  113 

Representatives  from  free  states  against  the  bill 91 

Representatives  from  slave  states  against  the  bill 9 

—  100 

The  bill  was  sent  to  the  senate,  passed,  and  being  approved  by  the  presi 
dent,  became  a  law,  under  the  title  of  "  An  act  to  organize  the  territories  of 
Kansas  and  Nebraska." 

COPY  OF  THE  ACT. 

Be  it  enacted  by  the  senate  and  house  of  representatives  of  the  United 
States  of  America  in  congress  assembled,  That  all  that  part  of  the  territory 
of  the  United  States  included  within  the  following  limits,  except  such  portions 
thereof  as  are  hereinafter  expressly  exempted  from  the  operations  of  this  act, 
to  wit :  beginning  at  a  point  in  the  Missouri  river  where  the  fortieth  parallel 
of  north  latitude  crosses  the  same ;  thence  west  on  said  parallel  to  the  east 
boundary  of  the  territory  of  Utah  on  the  summit  of  the  Rocky  Mountains ; 
thence  on  said  summit  northward  to  the  forty-ninth  parallel  of  north  latitude ; 
thence  east  on  said  parallel  to  the  western  boundary  of  the  territory  of  Minne 
sota  ;  thence  southward  on  said  boundary  to  the  Missouri  river ;  thence  down 
the  main  channel  of  said  river  to  the  place  of  beginning,  be,  and  the  same  is 
hereby  created  into  a  temporary  government  by  the  name  of  the  territory  of 
Nebraska ;  and  when  admitted  as  a  state  or  states,  the  said  territory,  or  any 
portion  of  the  same,  shall  be  received  into  the  Union  with  or  without  slavery, 
as  their  constitution  may  prescribe  at  the  time  of  their  admission ;  provided, 
that  nothing  in  this  act  contained  shall  be  construed  to  inhibit  the  government 
of  the  United  States  from  dividing  said  territory  into  two  or  more  territories, 
in  such  manner  and  at  such  times  as  congress  shall  deem  convenient  and  proper, 
or  from  attaching  any  portion  of  said  territory  to  any  other  state  or  territory 
of  the  United  States  :  provided  further,  that  nothing  in  this  act  contained  shall 
be  construed  to  impair  the  rights  of  person  or  property  now  pertaining  to  the 
Indians  in  said  territory,  so  long  as  such  rights  shall  remain  unextinguished  by 
treaty  between  the  United  States  and  such  Indians,  or  to  include  any  territory 
which,  by  treaty  with  any  Indian  tribe,  is  not,  without  the  consent  of  said  tribe, 
to  be  included  within  the  territorial  limits  or  jurisdiction  of  any  state  or  terri 
tory  ;  but  all  such  territory  shall  be  excepted  out  of  the  boundaries,  and  con 
stitute  no  part  of  the  territory  of  Nebraska,  until  said  tribe  shall  signify  their 
assent  to  the  president  of  the  United  States  to  be  included  within  the  said  ter 
ritory  of  Nebraska,  or  to  affect  the  authority  of  the  government  of  the  United 
States  to  make  any  regulations  respecting  such  Indians,  their  lands,  property, 
or  other  rights,  by  treaty,  law,  or  otherwise,  which  it  would  have  been  compe 
tent  to  the  government  to  make  if  this  act  had  never  passed. 

SEC.  2.  That  the  executive  power  and  authority  in  and  over  said  territory 
of  Nebraska  shall  be  vested  in  a  governor,  who  shall  hold  his  office  for  four 
years,  and  until  his  successor  shall  be  appointed  and  qualified,  unless  sooner 
removed  by  the  president  of  the  United  States.  The  governor  shall  reside 


KANSAS-NEBRASKA  ACT.  635 

l 
jrithin  said  territory,  and  shall  be  commander-in-chief  of  the  militia  thereof. 

He  may  grant  pardons  and  respites  for  offenses  against  the  laws  of  said  terri 
tory,  and  reprieves  for  offenses  against  the  laws  of  the  United  States,  until  the 
decision  of  the  president  can  be  made  known  thereon ;  he  shall  commission  all 
officers  who  shall  be  appointed  to  office  under  the  laws  of  the  said  territory, 
and  shall  take  care  that  the  laws  be  faithfully  executed. 

SEC.  3.  That  there  shall  be  a  secretary  of  said  territory,  who  shall  reside 
therein,  and  hold  his  office  for  five  years,  unless  sooner  removed  by  the  presi 
dent  of  the  United  States ;  he  shall  record  and  preserve  all  the  laws  and  pro 
ceedings  of  the  legislative  assembly  hereinafter  constituted,  and  all  the  acts 
and  proceedings  of  the  governor  in  his  executive  dapartment;  he  shall  trans 
mit  one  copy  of  the  laws  and  journals  of  the  legislative  assembly,  within  'thirty 
days  after  the  end  of  each  session,  and  one  copy  of  the  executive  proceedings 
and  official  correspondence  semi-annuallyon  the  first  days  of  January  and  July 
in  each  year,  to  the  president  of  the  United  States,  and  two  copies  of  the  laws 
to  the  president  of  the  senate  and  to  the  speaker  of  the  house  of  representa 
tives,  to  be  deposited  in  the  libraries  of  congress  ;  and,  in  case  of  the  death, 
removal,  resignation,  or  absence  of  the  governor  from  the  territory,  the  secre 
tary  shall  be,  and  he  is  hereby  authorized  and  required  to  execute  and  perform 
all  the  powers  and  duties  of  the  governor  during  such  vacancy  or  absence,  or 
until  another  governor  shall  be  duly  appointed  and  qualified  to  fill  such  va 
cancy. 

SEC.  4.  That  the  legislative  power  and  authority  of  said  territory  shall  be 
vested  in  the  governor  and  a  legislative  assembly.  The  legislative  assembly 
shall  consist  of  a  council  and  house  of  representatives.  The  council  shall  con 
sist  of  thirteen  members,  having  the  qualifications  of  voters  as  hereinafter  pre 
scribed,  whose  term  of  service  shall  continue  two  years.  The  house  of  repre 
sentatives  shall,  at  its  first  session,  consist  of  twenty-six  members,  possessing 
the  same  qualifications  as  prescribed  for  members  of  the  council,  and  whose 
term  of  service  shall  continue  one  year.  The  number  of  representatives  may 
be  increased  by  the  legislative  assembly,  from  time  to  time,  in  proportion  to 
the  increase  of  qualified  voters  ;  provided,  that  the  whole  number  shall  never 
exceed  thirty-nine ;  an  apportionment  shall  be  made  as  nearly  equal  as  prac 
ticable,  among  the  several  counties  or  districts,  for  the  election  of  the  council 
and  representatives,  giving  to  each  section  of  the  territory  representation  in 
the  ratio  of  its  qualified  voters  as  nearly  as  may  be.  And  the  members  of  the 
council  and  of  the  house  of  representatives  shall  reside  in,  and  be  inhabitants 
of,  the  district  or  county,  or  counties,  for  which  they  may  be  elected,  respect 
ively.  Previous  to  the  first  election,  the  governor  shall  cause  a  census,  or  enu 
meration  of  the  inhabitants  and  qualified  voters  of  the  several  counties  and 
districts  of  the  territory,  to  be  taken  by  such  persons  and  in  such  mode  as  the 
governor  shall  designate  and  appoint ;  and  the  persons  so  appointed  shall  re 
ceive  a  reasonable  compensation  therefor.  And  the  first  election  shall  be  held 
at  such  times,  and  places,  and  be  conducted  in  such  manner,  both  as  to  the 
persons  who  shall  superintend  such  election,  and  the  returns  thereof,  as  the 


636  KANSAS-NEBRASKA  ACT. 

governor  shall  appoint  and  direct ;  and  he  shall  at  the  same  time  declare  the 
number  of  members  of  the  council  and  house  of  representatives  to  which  each 
of  the  counties  or  districts  shall  be  entitled  under  this  act.  The  persons  hav 
ing  the  highest  number  of  legal  votes  in  each  of  said  council  districts  tor  mem 
bers  of  the  council,  shall  be  declared  by  the  governor  to  be  duly  elected  to  the 
council ;  and  the  persons  having  the  highest  number  of  legal  votes  for  the 
house  of  representatives,  shall  be  declared  by  the  governor  to  be  duly  elected 
members  of  said  house ;  provided,  that  in  case  two  or  more  persons  voted  for 
shall  have  an  equal  number  of  votes,  and  in  case  a  vacancy  shall  otherwise  oc 
cur  in  either  branch  of  the  legislative  assembly,  the  governor  shall  order  a  new 
election ;  and  the  persons  thus  elected  to  the  legislative  assembly  shall  meet  at 
such  place  and  on  such  day  as  the  governor  shall  appoint ;  but  thereafter,  the 
time,  place,  and  manner  of  holding  and  conducting  all  elections  by  the  people, 
and  the  apportioning  the  representation  in  the  several  counties  or  districts  to 
the  council  and  house  of  representatives,  according  to  the  number  of  qualified 
voters,  shall  be  prescribed  by  law,  as  well  as  the  day  of  the  commencement  of 
the  regular  sessions  of  the  legislative  assembly;  provided,  that  no  session  in 
any  one  year  shall  exceed  the  term  of  forty  days,  except  the  first  session,  which 
may  continue  sixty  days. 

SEC.  5.  That  every  free  white  male  inhabitant  above  the  age  of  twenty-one 
years,  who  shall  be  an  actual  resident  of  said  territory,  and  shall  possess  the 
qualifications  hereinafter  prescribed,  shall  be  entitled  to  vote  at  the  first  elec 
tion,  and  shall  be  eligible  to  any  office  within  the  said  territory ;  but  the  qual 
ifications  of  voters,  and  of  holding  office,  at  all  subsequent  elections,  shall  be 
such  as  shall  be  prescribed  by  the  legislative  assembly;  provided,  that  the  right 
of  suffrage  and  of  holding  office  shall  be  exercised  only  by  citizens  of  the 
United  States  and  those  who  shall  have  declared  on  oath  their  intention  to  be 
come  such,  and  shall  have  taken  an  oath  to  support  the  constitution  of  the 
United  States  and  the  provisions  of  this  act :  and  provided  further,  that  no  offi 
cer,  soldier,  seaman,  or  marine,  or  other  person  in  the  army  or  navy  of  the  United 
States,  or  attached  to  troops  in  the  service  of  the  United  States,  shall  be  allow 
ed  to  vote  or  hold  office  in  said  territory,  by  reason  of  being  on  service  therein. 

SEC.  6.  That  the  legislative  power  of  the  territory  shall  extend  to  all  right 
ful  subjects  of  legislation  consistent  with  the  constitution  of  the  United  States 
and  the  provisions  of  this  act ;  but  no  law  shall  be  passed  interfering  with  the 
primary  disposal  of  the  soil ;  no  tax  shall  be  imposed  upon  the  property  of 
the  United  States;  nor  shall  the  lands  or  other  property  of  non-residents  be 
taxed  higher  than  the  lands  or  other  property  of  residents.  Every  bill  which 
shall  have  passed  the  council  and  house  of  representatives  of  the  said  terri 
tory,  shall,  before  it  become  a  law,  be  presented  to  the  governor  of  the  terri 
tory  ;  if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it,  with  his 
objections,  to  the  house  in  which  it  originated,  who  shall  enter  the  objections  at 
large  on  their  journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsider 
ation,  two-thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent,  to 
gether  with  the  objections,  to  the  other  house,  by  which  it  shall  likewise  be  re- 


KANSAS-NEBRASKA  ACT.  037 

considered,  and  if  approved  by  two-thirds  of  that  house,  it  shall  become  a  law. 
But  in  all  such  cases  the  votes  of  both  houses  shall  be  determined  by  yeas  and 
nays,  to  be  entered  on  the  journal  of  each  house  respectively.  If  any  bill 
shall  not  be  returned  by  the  governor  within  three  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law  in  like  man 
ner  as  if  he  had  signed  it,  unless  the  assembly,  by  adjournment,  prevent  its  re 
turn,  in  which  case  it  shall  not  be  a  law. 

SEC.  7.  That  all  township,  district,  and  county  officers,  not  herein  otherwise 
provided  for,  shall  be  appointed  or  elected,  as  the  case  may  be,  in  such  man 
ner  as  shall  be  provided  by  the  governor  and  legislative  assembly  of  the  tei- 
ritory  of  Nebraska.  The  governor  shall  nominate,  and,  by  and  with  the  ad 
vice  and  consent  of  the  legislative  council,  appoint  all  officers  not  herein  oth 
erwise  provided  for ;  and  in  the  first  instance  the  governor  alone  may  appoint 
all  said  officers,  who  shall  hold  their  offices  until  the  end  of  the  first  sesssion  of 
the  legislative  assembly ;  and  shall  lay  off  the  necessary  districts  for  members 
of  the  council  and  house  of  representatives,  and  all  other  officers. 

SEC.  8.  That  no  member  of  the  legislative  assembly  shall  hold,  or  be  ap 
pointed  to,  any  office  which  shall  have  been  created,  or  the  salary  or  emolu 
ments  of  which  shall  have  been  increased,  while  he  was  a  member,  during  the 
term  for  which  he  was  elected,  and  for  one  year  after  the  expiration  of  such 
term  ;  but  this  restriction  shall  not  be  applicable  to  members  of  the  first  legis 
lative  assembly ;  and  no  person  holding  a  commission  or  appointment  under 
the  United  States,  except  postmasters,  shall  be  a  member  of  the  legislative  as 
sembly,  or  shall  hold  any  office  under  the  government  of  said  territory. 

SEC.  9.  That  the  judicial  power  of  said  territory  shall  be  vested  in  a  su 
preme  court,  district  courts,  probate  courts,  and  in  justices  of  the  peace.  The 
supreme  court  shall  consist  of  a  chief  justice  and  two  associate  justices,  any 
two  of  whom  shall  constitute  a  quorum,  and  who  shall  hold  a  term  at  the  seat 
of  government  of  said  territory  annually,  and  they  shall  hold  their  offices 
during  the  period  of  four  years,  and  until  their  successors  shall  be  appointed 
and  qualified.  The  said  territory  shall  be  divided  into  three  judicial  districts, 
and  a  district  court  shall  be  held  in  each  of  said  districts  by  one  of  the  justices 
of  the  supreme  court,  at  such  times  and  places  as  may  be  prescribed  by  law ; 
and  the  said  judges  shall,  after  their  appointments,  respectively,  reside  in  the 
district  which  shall  be  assigned  them.  The  jurisdiction  of  the  several  courts 
herein  provided  for,  both  appellate  and  original,  and  that  of  the  probate  courts 
and  of  justices  of  the  peace,  shall  be  as  limited  by  law;  provided,  that  justices 
of  the  peace  shall  not  have  jurisdiction  of  any  matter  in  controversy  when  the 
title  or  boundaries  of  land  may  be  in  dispute,  or  where  the  debt  or  sum  claimed 
shall  exceed  one  hundred  dollars ;  and  the  said  supreme  and  district  courts, 
respectively,  shall  possess  chancery  as  well  as  common  law  jurisdiction.  Each 
district  court,  or  the  judge  thereof,  shall  appoint  its  clerk,  who  shall  also  be 
the  register  in  chancery,  and  shall  keep  his  office  at  the  place  where  the  court 
may  be  held.  Writs  of  error,  bills  of  exception,  and  appeals  shall  be  allowed 
in  all  cases  from  the  final  decision  of  said  district  courts  to  the  supreme  court, 


638  KANSAS-NEBRASKA  ACT. 

under  such  regulations  as  maybe  prescribed  by  law ;  but  in  no  case  removed  to 
the  supreme  court  shall  trial  by  jury  be  allowed  in  said  court.  The  supreme 
court,  or  the  justices  thereof,  shall  appoint  its  own  clerk,  and  every  clerk  shall 
hold  his  office  at  the  pleasure  of  the  court  for  which  he  shall  have  been  ap 
pointed.  Writs  of  error,  and  appeals  from  the  final  decision  of  said  supreme 
court,  shall  be  allowed,  and  may  be  taken  to  the  supreme  court  of  the  United 
States,  in  the  same  manner  and  under  the  same  regulations  as  from  the  circuit 
courts  of  the  United  States,  where  the  value  of  the  property,  or  the  amount  in 
controversy,  to  be  ascertained  by  the  oath  or  affirmation  of  either  party,  or 
other  competent  witness,  shall  exceed  one  thousand  dollars  ;  except  only  that 
in  all  cases  involving  title  to  slaves,  the  said  writs  of  error  or  appeals  shall  be 
allowed  and  decided  by  the  said  supreme  court,  without  regard  to  the  value  of 
the  matter,  property,  or  title  in  controversy ;  and  except  also  that  a  writ  of 
error  or  appeal  shall  also  be  allowed  to  the  supreme  court  of  the  United 
States,  from  the  decisions  of  the  said  supreme  court  created  by  this  act,  or  of 
any  judge  thereof,  or  of  the  district  courts  created  by  this  act,  or  of  any  judge 
thereof,  upon  any  writ  of  habeas  corpus,  involving  the  question  of  personal 
freedom  ;  provided,  that  nothing  herein  contained  shall  be  construed  to  apply 
to  or  affect  the  provisions  of  the  "  act  respecting  fugitives  from  justice,  and 
persons  escaping  from  the  service  of  their  masters,"  approved  February  12th, 
1793,  and  the  "  act  to  amend  and  supplementary  to  the  aforesaid  act,"  ap 
proved  September  18th,  1850  ;  and  each  of  the  said  district  courts  shall  have 
and  exercise  the  same  jurisdiction  in  all  cases  arising  under  the  constitution 
and  laws  of  the  United  States,  as  is  vested  in  the  circuit  and  district  courts  of 
the  United  States  ;  and  the  sa-id  supreme  and  district  courts  of  the  said  terri 
tory,  and  the  respective  judges  thereof,  shall  and  may  grant  writs  of  habeas 
corpus  in  all  cases  in  which  the  same  are  granted  by  the  judges  of  the  United 
States  in  the  District  of  Columbia  ;  and  the  first  six  days  of  every  term  of 
said  courts,  or  so  much  thereof  as  shall  be  necessary,  shall  be  appropriated  to 
the  trial  01  causes  arising  under  the  said  constitution  and  laws,  and  writs  of 
error  and  appeal  in  all  such  cases  sbaU  be  made  to  the  supreme  court  of  said 
territory,  the  same  as  in  other  cases.  The  said  clerk  shall  receive  in  all  such 
cases  the  same  fees  which  the  clerks  of  the  district  courts  of  Utah  territory 
now  receive  for  similar  services. 

SEC.  10.  That  the  provisions  of  an  act  entitled  "an  act  respecting  fugitives 
from  justice,  and  persons  escaping  from  the  service  of  their  masters/'  approved 
February  12th,  1793,  and  the  provisions  of  the  ?ct  entitled  "an  act  to  amend, 
and  supplementary  to,  the  aforesaid  act,"  approved  September  18th,  1850,  be, 
and  the  same  are  hereby,  declared  to  extend  to,  and  be  in  full  force  within,  the 
limits  of  said  territory  of  Nebraska. 

SEC.  11.  That  there  shall  be  appointed  an  attorney  for  said  territory,  who 
shall  continue  in  office  for  four  years,  and  until  his  successor  shall  be  appointed 
and  qualified,  unless  sooner  removed  by  the  president,  and  who  shall  receive 
the  same  fees  and  salary  as  the  attorney  of  the  United  States  for  the  present 
territory  of  Utah.  There  shall  also  be  a  marshal  for  the  territory  appointed, 


KANSAS-NEBRASKA  ACT.  639 

who  shall  hold  his  office  for  four  years,  and  until  his  successor  shall  be  ap 
pointed  and  qualified,  unless  sooner  removed  by  the  president,  and  who  shal1 
execute  all  processes  issuing  from  the  said  courts  when  exercising  their  juris 
diction  as  circuit  and  district  courts  of  the  United  States ;  he  shall  perform 
the  duties,  be  subject  to  the  same  regulations  and  penalties,  and  be  entitled  to 
the  same  fees  as  the  marshal  of  the  district  court  of  the  United  States  for  the 
present  territory  of  Utah,  and  shall,  in  addition,  be  paid  two  hundred  dollars 
annually  as  a  compensation  for  extra  services. 

SEC.  12.  That  the  governor,  secretary,  chief  justice,  and  associate  justices, 
attorney  and  marshal,  shall  be  nominated,  and,  by  and  with  the  advice  and 
consent  of  the  senate,  appointed  by  the  President  of  the  United  States.  The 
governor  and  secretary  to  be  appointed  as  aforesaid,  shall,  before  they  act  as 
such,  respectively  take  an  oath  or  affirmation  by  the  laws  now  in  force  therein, 
or  before  the  chief  justice  or  some  associate  justice  of  the  supreme  court  of  the 
United  States,  to  support  the  constitution  of  the  United  States,  and  faithfully 
to  discharge  the  duties  of  their  respective  offices,  which  said  oaths,  when  so 
taken,  shall  be  certified  by  the  person  by  whom  the  same  shall  have  been  taken ; 
and  such  certificates  shall  be  received  and  recorded  by  the  said  secretary  among 
the  executive  proceedings ;  and  the  chief  justice  and  associate  justices,  and  all 
other  civil  officers  in  said  territory,  before  they  act  as  such,  shall  take  a  like 
oath  or  affirmation  before  the  said  governor  or  secretary,  or  some  judge  or 
justice  of  the  peace  of  the  territory  who  may  be  duly  commissioned  and  qual 
ified,  which  said  oath  or  affirmation  shall  be  certified  and  transmitted  by  the 
person  taking  the  same  to  the  secretary,  to  be  by  him  recorded  as  aforesaid  ; 
and  afterwards  the  like  oath  or  affirmation  shall  be  taken,  certified,  and  record 
ed,  in  such  manner  and  form  as  maybe  prescribed  by  law.  The  governor  shall 
receive  an  annual  salary  of  two  thousand  five  hundred  dollars.  The  chief  justice 
and  associate  justices  shall  receive  an  annual  salary  of  two  thousand  dollars. 
The  secretary  shall  receive  an  annual  salary  of  two  thousand  dollars.  The  said 
salaries  shall  be  paid  quarter-yearly,  from  the  dates  of  the  respective  appoint 
ments,  at  the  treasury  of  the  United  States ;  but  no  such  payment  shall  be 
made  until  said  officers  shall  have  entered  upon  the  duties  of  their  respective 
appointments.  The  members  of  the  legislative  assembly  shall  be  entitled  to 
receive  three  dollars  each  per  day  during  their  attendance  at  the  sessions 
thereof,  and  three  dollars  each  for  every  twenty  miles'  travel  in  going  to,  and 
returning  from,  the  said  sessions,  estimated  according  to  the  nearest  usually 
traveled  route ;  and  an  additional  allowance  of  three  dollars  shall  be  paid  to 
the  presiding  officer  of  each  house  for  each  day  he  shall  so  preside.  And  a 
chief  clerk,  one  assistant  clerk,  a  sergeant-at-arms,  and  door-keeper  may  be 
chosen  for  each  house ;  and  the  chief  clerk  shall  receive  four  dollars  per  day, 
and  the  said  other  officers  three  dollars  per  day,  during  the  session  of  the  leg 
islative  assembly ;  but  no  other  officer  shall  be  paid  by  the  United  States ; 
provided,  that  there  shall  be  but  one  session  of  the  legislature  annually,  unless, 
on  an  extraordinary  occasion,  the  governor  shall  think  proper  to  call  the  legis 
lature  together.  Thete  shall  be  appropriated,  annually,  the  usual  sum,  to  be 


KANSAS-NEBRAoKA  ACT. 

expended  by  the  governor  to  defray  the  contingent  expenses  of  the  territory 
including  the  salary  of  a  clerk  of  the  executive  department ;  and  there  shall 
also  be  appropriated  annually,  a  sufficient  sum,  to  be  expended  by  the  secretary 
of  the  territory,  and  upon  an  estimate  to  be  made  by  the  secretary  of  the 
treasury  of  the  United  States,  to  defray  the  expenses  of  the  legislative  assem 
bly,  the  printing  of  the  laws,  and  other  incidental  expenses ;  and  the  governor 
and  secretary  of  the  territory  shall,  in  the  disbursement  of  all  moneys  intrusted 
to  them,  be  governed  solely  by  the  instructions  of  the  secretary  of  the  treasury 
of  the  United  States,  and  shall,  semi-annually,  account  to  the  said  secretaiy 
for  the  manner  in  which  the  aforesaid  moneys  shall  have  been  expended ;  and 
no  expenditure  shall  be  made  by  said  legislative  assembly  for  objects  not 
specially  authorized  by  the  acts  of  congress  making  the  appropriations,  nor 
beyond  the  sum  thus  appropriated  for  such  objects. 

SEC.  13.  That  the  legislative  assembly  of  the  territory  of  Nebraska  shall 
hold  its  first  session  at  such  time  and  place  in  said  territory  as  the  governor 
thereof  shall  appoint  and  direct ;  and  at  said  first  session,  or  as  soon  thereafter 
as  they  shall  deem  expedient,  the  governor  and  legislative  assembly  shall  pro 
ceed  to  locate  and  establish  the  seat  of  government  for  said  territory  at  such 
place  as  they  may  deem  eligible ;  which  place,  however,  shall  thereafter  be 
subject  to  be  changed  by  the  said  governor  and  legislative  assembly. 

SEC.  14.  That  a  delegate  to  the  house  of  representatives  of  the  United 
States,  to  serve  for  the  term  of  two  years,  who  shall  be  a  citizen  of  the  United 
States,  may  be  elected  by  the  voters  qualified  to  elect  members  of  the  legisla 
tive  assembly,  who  shall  be  entitled  to  the  same  rights  and  privileges  as  are 
exercised  and  enjoyed  by  the  delegates  from  the  several  other  territories  of  the 
United  States  to  the  said  house  of  representatives ;  but  the  delegate  first  elected 
shall  hold  his  seat  only  during  the  term  of  the  congress  to  which  he  shall  be 
elected.  The  first  election  shall  be  held  at  such  time  and  places,  and  be  conduct 
ed  in  such  manner,  as  the  governor  shall  appoint  and  direct ;  and  at  all  subse 
quent  elections,  the  times,  places,  and  manner  of  holding  the  elections  shall  be 
prescribed  by  law.  The  person  having  the  greatest  number  of  votes  shall  be 
declared  by  the  governor  to  be  duly  elected,  and  a  certificate  thereof  shall  be 
given  accordingly.  That  the  constitution  and  all  the  laws  of  the  United 
States  which  are  not  locally  inapplicable,  shall  have  the  same  force  and  effect 
within  the  said  territory  of  Nebraska  as  elsewhere  within  the  United  States, 
except  the  eighth  section  of  the  act  preparatory  to  tbe  admission  of  Missouri 
into  the  Union,  approved  March  6th,  1820,  which,  being  inconsistent  with  the 
principle  of  non-intervention  by  congress  with  slavery  in  the  states  and  terri 
tories,  as  recognized  by  the  legislation  of  1850,  commonly  called  the  compro 
mise  measures,  is  hereby  declared  inoperative  and  void;  it  being  the  true 
intent  and  meaning  of  this  act  not  to  legislate  slavery  into  any  territory  or 
state,  nor  to  exclude  it  therefrom,  but  to  leave  the  people  thereof  perfectly  free 
to  form  and  regulate  their  domestic  institutions  in  their  own  way,  subject  only 
to  the  constitution  of  the  United  States ;  provided,  that  nothing  herein  con 
tained  shall  be  construed  to  revive  or  put  in  force  any  law  or  regulation  which 


KANSAS-NEBRASKA  ACT.  G41 

may  have  existed  prior  to  the  act  of  6th  of  March,  1820,  either  protecting,  es 
tablishing,  prohibiting  or  abolishing  slavery. 

SEC.  15.  That  there  shall  hereafter  be  appropriated,  as  has  been  customary 
for  the  territorial  governments,  a  sufficient  amount,  to  be  expended  under  the 
direction  of  the  said  governor  of  the  territory  of  Nebraska,  not  exceeding  the 
sums  heretofore  appropriated  for  similar  objects,  for  the  erection  of  suitable 
public  buildings  at  the  seat  of  government,  and  for  the  purchase  of  a  library  to 
be  kept  at  the  seat  of  government  for  the  use  of  the  governor,  legislative  assem 
bly,  judges  of  the  supreme  court,  secretary,  marshal,  and  attorney  of  said  ter 
ritory,  and  such  other  persons,  and  under  such  regulations  as  shall  be  pre 
scribed  by  law. 

SEC.  16.  That  when  the  lands  in  the  said  territory  shall  be  surveyed  under 
the  direction  of  the  government  of  the  United  States,  preparatory  to  bringing 
the  same  into  market,  sections  numbered  sixteen  and  thirty-six,  in  each  town 
ship  in  said  territory,  shall  be,  and  the  same  are  herby,  reserved  for  the  pur 
pose  of  being  applied  to  schools  in  said  territory,  and  in  the  states  and  terri 
tories  hereafter  to  be  erected  out  of  the  same. 

SEC.  17.  That,  until  otherwise  provided  by  law,  the  governor  of  said  terri 
tory  may  define  the  judicial  districts  of  said  territory,  and  assign  the  judges 
who  may  be  appointed  for  said  territory  to  the  several  districts  ;  and  also  ap 
point  the  times  and  places  for  holding  courts  in  the  several  counties  or  subdi 
visions  in  each  of  said  judicial  districts  by  proclamation,  to  be  issued  by  him  ; 
but  the  legislative  assembly,  at  their  first,  or  any  subsequent  session,  may  or 
ganize,  alter,  or  modify  such  judicial  districts,  and  assign  the  judges,  and  alter 
the  times  and  places  of  holding  the  courts,  as  to  them  shall  seem  proper  and 
convenient. 

SEC.  18.  That  all  officers  to  be  appointed  by  the  president,  by  and  with 
the  advice  and  consent  of  the  senate,  for  the  territory  of  Nebraska,  who,  by 
virtue  of  the  provisions  of  any  law  now  existing,  or  which  m:iy  be  enacted  du 
ring  the  present  congress,  are  required  to  give  security  for  moneys  that  may 
be  intrusted  with  them  for  disbursements,  shall  give  such  security,  at  such  time 
and  place,  and  in  such  manner  as  the  secretary  of  the  treasury  may  prescribe. 

SEC.  19.  That  all  that  part  of  the  territory  of  the  United  Suites  included 
within  the  following  limits,  except  such  portions  thereof  as  are  hereinafter  ex 
pressly  exempted  from  the  operations  of  this  act,  to  wit :  beginning  at  a  point 
on  the  western  boundary  of  the  state  of  Missouri,  where  the  thirty-seventh 
parallel  of  north  latitude  crosses  the  same ;  thence  west  on  said  parallel  to  the 
eastern  boundary  of  New  Mexico  ;  thence  north  on  said  boundary  to  latitude 
thirty-eight ;  thence  following  said  boundary  westward  to  the  east  boundary 
of  the  territory  of  Utah,  on  the  summit  of  the  Rocky  ino'intrJiis ;  thence 
northward  on  said  summit  to  the  fortieth  parallel  of  lathmio  ;  ilu-ure  oast  on 
said  parallel  to  the  western  boundary  of  the  state  of  Missouri ;  thence  south 
with  the  western  boundary  of  said  state  to  the  place  of  beginning,  be,  and  the 
same  is  hereby,  created  into  a  temporary  government  by  the  name  of  the  terri 
tory  of  Kansas ;  and  when  admitted  as  a  state  or  states,  the  said  territory,  or 


642  KANSAS-NEBRASKA  ACT. 

any  portion  of  the  same,  shall  be  received  into  the  Union  with  or  without  sla 
very,  as  their  constitution  may  prescribe  at  the  time  of  their  admission  ;  pro 
vided,  that  nothing  in  this  act  contained  shall  be  construed  to  inhibit  the  gov 
ernment  of  the  United  States  from  dividing  said  territory  into  two  or  more 
territories,  in  such  mariner  and  at  such  times  as  congress  shall  deem  convenient 
and  proper,  or  from  attaching  any  portion  of  said  territory  to  any  other  state 
or  territory  of  the  United  States  ;  provided  further,  that  nothing  in  this  act 
contained  shall  be  so  construed  as  to  impair  the  rights  of  persons  or  property 
now  pertaining  to  the  Indians  in  said  territory,  so  long  as  such  rights  shall  re 
main  unextingnished  by  treaty  between  the  United  States  and  such  Indians,  or 
to  include  any  territory  which,  by  treaty  with  any  Indian  tribe,  is  not,  without 
the  consent  of  said  tribe,  to  be  included  within  the  territorial  limits  or  juris 
diction  of  any  state  or  territory  ;  but  all  such  territory  shall  be  exccpted  out 
of  the  boundaries,  and  constitute  no  part  of  the  territory  of  Kansas,  until  said 
tribe  shall  signify  their  assent  to  the  president  of  the  United  States  to  be  in 
cluded  within  the  said  territory  of  Kansas,  or  lo  affect  the  authority  of  the 
government  of  the  United  States  to  make  any  regulation  respecting  such  In 
dians,  their  lands,  property,  or  other  rights,  by  treaty,  law,  or  otherwise,  which 
it  would  have  been  competent  to  the  government  to  make  if  this  act  had  never 
passed. 

[The  next  seventeen  sections  substantially  repeat  the  foregoing,  save  that 
their  provisions  apply  to  Kansas  instead  of  Nebraska.  The  final  section  re 
fers  to  both  territories,  as  follows  :] 

SEC.  31.  And  be  it  further  enacted,  that  all  treaties,  laws,  and  other  en 
gagements  made  by  the  government  of  the  United  States  with  the  Indian 
tribes  inhabiting  the  territories  embraced  within  this  act,  shall  be  faithfully  and 
rigidly  observed,  notwithstanding  anything  contained  in  this  act ;  and  that 
the  existing  agencies  and  superintendencies  of  said  Indians  be  continued  with 
the  same  powers  and  duties  which  are  now  prescribed  by  law,  except  that  the 
President  of  the  United  States  may,  at  his  discretion,  change  the  location  of 
the  office  of  superintendent. 


KANSAS  AFFAIRS.  643 

. 

CHAPTER    XXXII. 

AFFAIRS  OF  KANSAS. — CONGRESSIONAL  PROCEEDINGS. 

Session  of  1855-6. — The  President's  special  message  referred. — Report  of  committee  by 
Mr.  Douglas. — Emigrant  Aid  Societies. — Minority  report  by  Mr.  Collamer. — Special 
Committee  of  the  House  sent  to  Kansas  to  investigate  affairs. — Report  of  the  Com 
mittee. — Armed  Missourians  enter  the  territory  and  control  the  elections.— Second 
foray  of  armed  Missourians. — Purposes  of  Aid  Societies  defended.— Mob  violence. — 
Legislature  assembles  at  Pawnee. — Its  acts. — Topeka  Constitiitional  Convention. — Free 
State  Constitution  framed. — Adopted  by  the  people. — Election  for  State  officers. — To 
peka  legislature. — The  Wakerusa  war. — Outrages  upon  the  citizens. — Robberies  and 
murders. — Lawrence  attacked. — Free  state  constitution  submitted  to  Congress. — Bill 
to  admit  Kansas  under  free  state  constitution  passes  the  house.— Douglas'  bill  before 
the  senate. — Trumbull's  propositions  rejected. — Amendments  proposed  by  Foster,  Col- 
lamer,  Wilson  and  Seward  rejected. — Bill  passed  by  senate. — Dunn's  bill  passed  by 
house. — Appropriation  hills. — Proviso  to  army  bill. — Session  terminates. — Extra  ses 
sion. — President  stands  firm,  house  firmer,  senate  firmest. — The  army  bill  passed  with 
out  the  proviso. 


T 


HE  thirty-fourth  session  of  congress  convened  at  the  capitol  on  the  3d  of 
December,  1855.  Nine  weeks  were  spent  in  unsuccessful  attempts  to  organize 
by  the  choice  of  a  speaker.  The  plurality  rule  was  finally  adopted,  and  on 
the  one  hundred  and  thirty -third  ballot,  Nathaniel  P.  Banks,  republican,  was 
chosen  by  a  vote  of  103  to  100. 

A  history  of  the  events  which  followed  the  organization  of  Kansas  under 
the  provisions  of  the  act,  may  be  gathered  from  the  following  extracts  from 
official  documents.  On  the  24th  of  January,  1856,  President  Pierce  trans 
mitted  the  following  special  message  to  congress  on  the  affairs  of  Kansas: 

MESSAGE  OF  THE  PRESIDENT. 

Circumstances  have  occurred  to  disturb  the  course  of  governmental  or 
ganization  in  the  territory  of  Kansas,  and  produce  there  a  condition  of  things 
which  renders  it  incumbent  on  me  to  call  your  attention  to  the  subject,  and 
urgently  recommend  the  adoption  by  you  of  such  measures  of  legislation  as 
the  grave  exigencies  of  the  case  appear  to  require. 

A  brief  exposition  of  the  circumstances  referred  to,  and  of  their  causes,  will 
be  necessary  to  the  full  understanding  of  the  recommendations  which  it  is  pro 
posed  to  submit. 

The  act  to  organize  the  territories  of  Nebraska  and  Kansas  was  a  manifesta 
tion  of  the  legislative  opinion  of  congress  on  two  great  points  of  constitutional 
construction  :  One,  that  the  designation  of  the  boundaries  of  a  new  territory, 
and  provision  for  its  political  organization  and  administration  as  a  territory, 
are  measures  which  of  right  fall  within  the  powers  of  the  general  government; 
and  the  other,  that  the  inhabitants  of  any  such  territory,  considered  as  an  in 
choate  state,  are  entitled,  in  the  exercise  of  self-government,  to  determine  for 
themselves  what  shall  be  their  own  domestic  institutions,  subject  only  to  the 
constitution  and  the  laws  duly  enacted  by  congress  under  it,  and  to  the  power 
of  the  existing  states  to  decide,  according  to  the  provisions  and  principles  of 


644  KANSAS  AFFAIKS. 

the  constitution,  at  what  time  the  territory  shall  be  received  as  a  <  c*'.<  into  the 
"Union.  Such  are  the  great  political  rights  which  are  solemnly  declared  and 
affirmed  by  that  act. 

Based  upon  this  theory,  the  act  of  congress  defined  for  each  territory  the 
outlines  of  republican  government,  distributing  public  authority  among  the 
lawfully  created  agents — executive,  judicial  and  legislative — to  bo  appointed 
either  by  the  general  government  or  by  the  territory.  The  legislative  functions 
were  entrusted  to  a  council  and  a  house  of  representatives,  duly  elected  and 
empowered  to  enact  all  the  local  laws  which  they  might  deem  essential  to  their 
prosperity,  happiness  and  good  government.  Acting  in  the  same  spirit,  con 
gress  also  defined  the  persons  who  were  in  the  first  instance  to  be  considered 
as  the  people  of  each  territory  ;  enacting  that  every  free  white  male  inhabitant 
of  the  same  above  the  age  of  twenty-one  years,  being  an  actual  resident  there 
of,  and  possessing  the  qualifications  hereafter  described,  should  be  entitled  to 
vote  at  the  first  election,  and  be  eligible  to  any  office  within  the  territory ;  but 
that  the  qualifications  of  voters  and  holding  office  at  all  subsequent  elections 
should  be  such  as  might  be  prescribed  by  the  legislative  assembly ;  provided, 
however,  that  the  right  of  suffrage  and  of  holding  office  should  be  exercised 
only  by  citizens  of  the  United  States,  and  those  who  should  have  declared  on 
oath  their  intention  to  become  such,  and  have  taken  an  oath  to  support  the 
constitution  of  the  United  States  and  the  provisions  of  the  act ;  and  pro 
vided  further,  that  no  officer,  soldier,  seaman  or  marine,  or  other  person  in 
the  army  or  navy  of  the  United  States,  or  attached  to  troops  in  their  service, 
should  be  allowed  to  vote  or  hold  office  in  either  territory  by  reason  of  being 
on  service  therein. 

Such  of  the  public  officers  of  the  territories  as,  by  the  provisions  of  the  act, 
were  to  be  appointed  by  the  general  government,  including  the  governors,  were 
appointed  and  commissioned  in  due  season — the  law  having  been  enacted  on 
the  30th  of  May,  1854,  and  the  commission  of  the  governor  of  the  territory  of 
Nebraska  being  dated  on  the  2d  day  of  August,  1854,  and  of  the  territory  of 
Kansas  on  the  29th  day  of  June,  1854. 

Among  the  duties  imposed  by  the  act  upon  the  governors,  was  that  of  di 
recting  and  superintending  the  political  organization  of  the  respective  territo 
ries.  The  governor  of  Kansas  was  required  to  cause  a  census  or  enumeration 
of  the  inhabitants  and  qualified  voters  of  the  several  counties  and  districts  of 
the  territory  to  be  taken,  by  such  persons  and  in  such  mode  as  he  might  desig 
nate  and  appoint ;  to  appoint  and  direct  the  time  and  places  of  holding  the 
first  elections,  and  the  manner  of  conducting  them,  both  as  to  the  persons  to 
superintend  such  elections,  and  the  returns  thereof ;  to  declare  the  number  of 
the  members  of  the  council  and  house  of  representatives  for  each  county  or 
district;  to  declare  what  persons  might  appear  to  be  duly  elected;  and  to  ap 
point  the  time  and  place  of  the  first  meeting  of  the  legislative  assembly.  In 
substance,  the  same  duties  were  devolved  on  the  governor  of  Nebraska. 

While,  by  this  act,  the  principle  of  constitution  for  each  of  the  territories 
was  one  and  the  same,  and  the  details  of  organic  legislation  regarding  both 


SPECIAL  MESSAGE  OF  PRESIDENT  PIERCE.  045 

were  as  nearly  as  could  be  identical,  and  while  the  territory  of  Nebraska  was 
tranquilly  and  successfully  organized  in  the  due  course  of  law,  and  its  first  leg 
islative  assembly  met  on  the  16th  of  January,  1855,  the  organization  of  Kan 
sas  was  long  delayed,  and  has  been  attended  with  serious  difficulties  and  em 
barrassments,  partly  the  consequence  of  local  mal-administration,  and  partly  of 
the  unjustifiable  interference  of  the  inhabitants  of  some  of  the  states,  foreign 
by  residence,  interests  and  rights  to  the  territory. 

The  governor  of  the  territory  of  Kansas  did  not  reach  the  designated  seat 
of  his  government  until  the  7th  of  the  ensuing  October,  and  even  then  failed 
to  make  the  first  step  in  its  legal  organization — that  of  ordering  the  census  or 
enumeration  of  its  inhabitants — until  so  late  a  day  that  the  election  of  the 
members  of  the  legislative  assembly  did  not  take  place  until  the  30th  of 
March,  1855,  nor  its  meeting  until  the  2d  of  July,  1855  ;  so  that,  for  a  year 
after  the  territory  was  constituted  by  the  act  of  congress,  and  the  officers  to  be 
appointed  by  the  federal  executive  had  been  commissioned,  it  was  without  a 
complete  government,  without  any  legislative  authority,  without  local  law,  and, 
of  course,  without  the  ordinary  guarantees  of  peace  and  public  order. 

In  other  respects,  the  governor,  instead  of  exercising  constant  vigilance  and 
putting  forth  all  his  energies  to  prevent  or  counteract  the  tendencies  to  illegali 
ty  which  are  prone  to  exist  in  all  imperfectly-organized  and  newly-associated 
communities,  allowed  his  attention  to  be  diverted  from  official  obligation  by 
other  objects,  and  himself  sat  an  example  of  the  violation  of  law  in  the  per 
formance  of  acts  which  rendered  it  my  duty,  in  the  sequel,  to  remove  him  from 
the  office  of  chief  executive  magistrate  of  the  territory. 

Before  the  requisite  preparation  was  accomplished  for  election  of  a  territorial 
legislature,  an  election  for  delegate  to  congress  had  been  held  in  the  territory 
on  the  29th  day  of  November,  1854,  and  the  delegate  took  his  aeat  in  the 
house  of  representatives  without  challenge.  If  arrangements  had  been  per 
fected  by  the  governor  so  that  the  election  for  members  of  the  legislative 
assembly  might  be  held  in  the  several  precincts  at  the  same  time  as  for  delegate 
to  congress,  any  question  appertaining  to  the  qualification  of  the  persons  voting 
as  people  of  the  territory,  would  have  passed  necessarily  and  at  once  under  the 
supervision  of  congress,  as  the  judge  of  the  validity  of  the  return  of  the  dele 
gate,  and  would  have  been  determined  before  conflicting  passions  had  become 
inflamed  by  time,  and  before  opportunity  could  have  been  afforded  for  system 
atic  interference  of  the  people  of  individual  states. 

This  interference,  in  so  far  as  concerns  its  primary  causes  and  its  immediate 
commencement,  was  one  of  the  incidents  of  that  pernicious  agitation  on  the 
subject  of  the  condition  of  the  colored  persons  held  to  service  in  some  of  the 
states,  which  has  so  long  disturbed  the  repose  of  our  country,  and  excited  in 
dividuals,  otherwise  patriotic  and  law-abiding,  to  toil  with  misdirected  zeal  in 
the  attempt  to  propagate  their  social  theories  by  the  perversion  and  abuse  of 
the  powers  of  congress. 

The  persons  and  parties  whom  the  tenor  of  the  act  to  organize  the  territo 
ries  of  Nebraska  and  Kansas  thwarted  in  the  endeavor  to  impose,  through  the 


646  KANSAS  AFFAIRS. 

agency  of  congress,  their  particular  views  of  social  organization  on  the  people 
of  the  future  new  states,  now  perceiving  that  the  policy  of  leaving  the  inhabit 
ants  of  each  state  to  judge  for  themselves  in  this  respect  was  irieradicably 
rooted  in  the  convictions  of  the  people  of  the  Union,  then  had  recourse,  in  the 
pursuit  of  their  general  object,  t6  the  extraordinary  measure  of  propagandist 
colonization  of  the  territory  of  Kansas,  to  prevent  the  free  and  natural  action 
of  its  inhabitants  in  its  internal  organization,  and  thus  to  anticipate  or  to  force 
the  determination  of  that  question  in  this  inchoate  state. 

With  such  views,  associations  were  organized  in  some  of  the  states,  and  their 
purpose  was  proclaimed  through  the  press  in  language  extremely  irritating  and 
offensive  to  those  of  whom  the  colonists  were  to  become  the  neighbors.  Those 
designs  and  acts  had  the  necessary  consequence  to  awaken  emotions  of  intense 
indignation  in  states  near  to  the  territory  of  Kansas,  and  especially  in  the  ad 
joining  state  of  Missouri,  whose  domestic  peace  was  thus  the  most  directly  en 
dangered  ;  but  they  are  far  from  justifying  the  illegal  and  reprehensible  coun 
ter-movements  which  ensued. 

Under  these  inauspicious  circumstances,  the  primary  elections  for  members 
of  the  legislative  assembly  were  held  in  most,  if  not  all,  of  the  precincts,  at 
the  time  and  the  places  and  by  the  persons  designated  and  appointed  by  the 
governor,  according  to  law. 

Angry  accusations  that  illegal  votes  had  been  polled,  abounded  on  all  sides, 
and  imputations  were  made  both  of  fraud  and  violence.  But  the  governor,  in 
the  exercise  of  the  power  and  the  discharge  of  the  duty  conferred  and  imposed 
by  law  on  him  alone,  officially  received  and  considered  the  returns ;  declared  a 
large  majority  of  the  members  of  the  council  and  the  house  of  representatives 
"duly  elected;"  withheld  certificates  from  others  because  of  alleged  illegality 
of  votes ;  appointed  a  new  election  to  supply  the  place  of  the  persons  not  cer 
tified  ;  and  thus,  at  length,  in  all  the  forms  of  statute,  and  with  his  own  official 
authentication,  complete  legality  was  given  to  the  first  legislative  assembly  of 
the  territory: 

Those  decisions  of  the  returning-officers  and  of  the  governor  are  final,  ex 
cept  that  by  the  parliamentary  usage  of  the  country  applied  to  the  organic  law, 
it  may  be  conceded  that  each  house  of  the  assembly  must  have  been  competent 
to  determine,  in  the  last  resort,  the  qualifications  and  the  election  of  its  mem 
bers.  The  subject  was,  by  its  nature,  one  appertaining  exclusively  to  the  ju 
risdiction  of  the  local  authorities  of  the  territory.  Whatever  irregularities 
may  have  occurred  in  the  elections,  it  seems  too  late  now  to  raise  that  question 
as  to  which,  neither  now  nor  at  any  previous  time,  has  the  least  possible  legal 
authority  been  possessed  by  the  President  of  the  United  States.  For  all  pres 
ent  purposes,  the  legislative  body,  thus  constituted  and  elected,  was  the  legiti 
mate  assembly  of  the  territory. 

Accordingly,  the  governor,  by  procalmation,  convened  the  assembly  thus 
elected  to  meet  at  a  place  called  Pawnee  City.  The  two  houses  met,  and  were 
duly  organized  in  the  ordinary  parliamentary  form  ;  each  sent  to  and  received 
from  the  governor  the  official  communications  usual  on  such  occasions ;  an  elab- 


SPECIAL  MESSAGE  OF  PRESIDENT  PIERCE.  647 

orate  message  opening  the  session  was  communicated  by  the  governor,  and  the 
general  business  of  legislation  was  entered  upon  by  the  legislative  assembly. 

But,  after  a  few  days,  the  assembly  resolved  to  adjourn  to  another  place  in 
the  territory.  A  law  was  accordingly  passed,  against  the  consent  of  the  gov 
ernor,  but  in  due  form  otherwise,  to  remove  the  seat  of  government  tempora 
rily  to  the  "  Shawnee  Manual-labor  School "  (or  mission,)  and  thither  the  as 
sembly  proceeded.  After  this,  receiving  a  bill  for  the  establishment  of  a  ferry 
at  the  town  of  Kickapoo,  the  governor  refused  to  sign  it,  and,  by  special  mes 
sage,  assigned  for  reason  of  refusal,  not  anything  objectionable  in  the  bill  itself, 
nor  any  pretense  of  the  illegality  or  incompetency  of  the  assembly  as  such,  but 
only  the  fact  that  the  assembly  had,  by  its  act,  transferred  the  seat  of  govern 
ment  temporarily  from  Pawnee  City  to  Shawnee  Mission.  For  the  same  rea 
son  he  continued  to  refuse  to  sign  other  bills,  until,  in  the  course  of  a  few  days, 
he,  by  official  message,  communicated  to  the  assembly  the  fact  that  he  had  re 
ceived  notification  of  the  termination  of  his  functions  as  governor,  and  that  the 
duties  of  the  office  were  legally  devolved  on  the  secretary  of  the  territory ; 
thus  to  the  last  recognizing  the  body  as  a  duly-elected  and  constituted  legisla 
tive  assembly. 

It  will  be  perceived  that  if  any  constitutional  defect  attached  to  the  legisla 
tive  acts  of  the  assembly,  it  is  not  pretended  to  consist  in  irregularity  of  elec 
tion  or  want  of  qualification  of  the  members,  but  only  in  the  change  of  its  place 
of  session.  However  trivial  the  objection  may  seem  to  be,  it  requires  to  be 
considered,  because  upon  it  is  founded  all  that  superstructure  of  acts,  plainly 
against  law,  which  now  threatens  the  peace  not  only  of  the  territory  of  Kan 
sas,  but  of  the  Union. 

Such  an  objection  to  the  proceedings  of  the  legislative  assembly  was  of  ex 
ceptionable  origin,  for  the  reason  that,  by  the  express  terms  of  the  organic  law, 
the  seat  of  government  of  the  territory  was  "  located  temporarily  at  Fort  Leav 
en  worth  ;"  and  yet  the  governor  himself  remained  there  less  than  two  months, 
and  of  his  own  discretion  transferred  the  seat  of  government  to  the  Shawnee 
Mission,  where  it  in  fact  was  at  the  time  the  assembly  were  called  to  meet  at 
Pawnee  City.  If  the  governor  had  any  such  right  to  change  temporarily  the 
seat  of  government,  still  more  had  the  legislative  assembly.  The  objection  is 
of  exceptional  origin  for  the  further  reason  that  the  place  indicated  by  the  gov 
ernor,  without  having  an  exclusive  claim  of  preference  in  itself,  was  a  proposed 
town-site  only,  which  he  and  others  were  attempting  to  locate  unlawfully  upon 
land  within  a  military  reservation,  and  for  participation  in  which  illegal  act  the 
commander  of  a  post,  a  superior  officer  of  the  army,  has  been  dismissed  by  sen 
tence  of  court-martial. 

Nor  is  it  easy  to  see  why  the  legislative  assembly  might  not  with  propriety 
pass  the  territorial  act  transferring  its  sittings  to  the  Shawnee  Mission.  If  it 
could  not,  that  must  be  on  account  of  some  prohibitory  or  incompatible  pro 
vision  of  act  of  congress.  But  no  such  provision  exists.  The  organic  act,  as 
already  quoted,  says  "tlie  seat  of  government  is  hereby  located  temporarily  at 
Fort  Leavenworth  ;"  and  it  then  provides  that  certain  of  the  public  buildings 


648  KANSAS  AFFAIRS. 

there  "maybe  occupied  and  used  under  the  direction  of  the  governor  and  leg 
islative  assembly."  These  expressions  might  possibly  be  construed  to  imply 
that  when,  in  a  previous  section  of  the  act,  it  was  enacted  that  "  the  first  leg 
islative  assembly  shall  meet  at  such  place  and  on  such  day  as  the  governor  shall 
appoint,"  the  word  "place  "  means  place  at  Fort  Leavenworth,  not  place  any 
where  in  the  territory.  If  so,  the  governor  would  have  been  the  first  to  err 
in  this  matter,  not  only  in  himself  having  removed  the  seat  of  government  to 
the  Shawnee  Mission,  but  in  again  removing  it  to  Pawnee  City.  If  there  was 
any  departure  from  the  letter  of  the  law,  therefore,  it  was  his  in  both  instances. 

But,  however  this  may  be,  it  is  most  unreasonable  to  suppose  that  by  the 
terms  of  the  organic  act,  congress  intended  to  do  irnpliedly  what  it  has  not 
done  expressly — that  is,  to  forbid  to  the  legislative  assembly  the  power  to 
choose  any  place  it  might  see  fit  as  the  temporary  seat  of  its  deliberations. 
That  is  proved  by  the  significant  language  of  one  of  the  subsequent  acts  of 
congress  on  the  subject,  that  of  March  3,  1855,  which,  in  making  appropria 
tion  for  public  buildings  of  the  territory,  enacts  that  the  same  shall  not  be 
expended  "until  the  legislature  of  said  territory  shall  have  fixed  by  law  the  per 
manent  seat  of  government."  Congress,  in  these  expressions,  does  not  pro 
fess  to  be  granting  the  power  to  fix  the  permanent  seat  of  government,  but  re 
cognizes  the  power  as  one  already  granted.  But  how  ?  Undoubtedly  by  the 
comprehensive  provision  of  the  organic  act  itself,  which  declares  that "  the  leg 
islative  power  of  the  territory  shall  extend  to  all  rightful  subjects  of  legislation 
consistent  with  the  constitution  of  the  United  States  and  the  provisions  of  this 
act. "  If,  in  view  of  this  act,  the  legislative  assembly  had  the  large  power  to 
fix  the  permanent  seat  of  government  at  any  place  in  its  discretion,  of  course 
by  the  same  enactment  it  had  the  less  and  the  included  power  to  fix  it  tempo 
rarily. 

Nevertheless,  the  allegation  that  the  acts  of  the  legislative  assembly  were  il 
legal  by  reason  of  this  removal  of  its  place  of  session,  was  brought  forward  to 
justify  the  first  great  movement  in  disregard  of  law  within  the  territory.  One 
of  the  acts  of  the  legislative  assembly  provided  for  the  election  of  a  delegate 
to  the  present  congress,  and  a  delegate  was  elected  under  that  law.  But,  sub 
sequently  to  this,  a  portion  of  the  people  of  the  territory  proceeded,  without 
authority  of  law,  to  elect  another  delegate. 

Following  upon  this  movement  was  another  and  more  important  one  of  the 
same  general  character.  Persons  confessedly  not  constituting  the  body  politic, 
or  all  the  inhabitants,  but  merely  a  party  of  the  inhabitants,  and  without  law, 
have  undertaken  to  summon  a  convention  for  the  purpose  of  transforming  the 
territory  into  a  state,  and  have  framed  a  constitution,  adopted  it,  and  under  it 
elected  a  governor  and  other  officers,  and  a  representative  to  congress. 

In  extenuation  of  these  illegal  acts,  it  is  alleged  that  the  state  of  Califor 
nia,  Michigan,  and  others,  were  self-organized,  and  as  such  were  admitted  into 
the  Union,  without  a  previous  enabling  act  of  congress.  It  is  true  that,  while 
in  a  majority  of  cases  a  previous  act  of  congress  has  been  passed  to  authorize 
the  territory  to  present  itself  as  a  state,  and  that  this  is  deemed  the  most  'eg- 


SPECIAL  MESSAGE  OF  PRESIDENT  PIERCE.  649 

alar  course,  yet  such  an  act  has  not  been  held  to  be  indispensable,  and  in  some 
cases  the  territory  has  proceeded  without  it,  and  has  nevertheless  been  admit 
ted  into  the  Union  as  a  state.  It  lies  with  congress  to  authorize  beforehand, 
or  to  confirm  afterward,  in  its  discretion  ;  but  in  no  instance  has  a  state  been 
admitted  upon  the  application  of  persons  acting  against  authorities  duly  con 
stituted  by  act  of  congress.  In  every  case  it  is  the  people  of  tLe  territory,  not 
a  party  among  them,  who  have  the  power  to  form  a  constitution  and  ask  for 
admission  as  a  state.  No  principle  of  public  law,  no  practice  or  precedent  un 
der  the  constitution  of  the  United  States,  no  rule  of  reason,  right,  or  common 
sense,  confers  any  such  power  as  that  now  claimed  by  a  mere  party  in  the  ter 
ritory.  In  fact,  what  has  been  done  is  of  revolutionary  character.  It  is  avow 
edly  so  in  motive  and  in  aim  as  respects  the  local  law  of  the  territory.  It  will 
become  treasonable  insurrection  if  it  reach  the  length  of  organized  resistance 
by  force  to  the  fundamental  or  any  other  federal  law,  and  to  the  authority  of 
the  general  government. 

In  such  an  event,  the  path  of  duty  for  the  executive  is  plain.  The  consti 
tution  requiring  him  to  take  care  that  the  laws  of  the  United  States  be  faith 
fully  executed,  if  they  be  opposed  in  the  territory  of  Kansas,  he  may  and 
should  place  at  the  disposal  of  the  marshal  any  public  force  of  the  United 
States  which  happens  to  be  within  the  jurisdiction,  to  be  used  as  a  portion  of 
the  posse  comitatus  ;  and,  if  that  do  not  suffice  to  maintain  order,  then  he  may 
call  forth  the  militia  of  one  or  more  states  for  that  object,  or  employ  for  the 
same  object  any  part  of  the  land  or  naval  force  of  the  United  States.  So  also 
if  the  obstruction  be  to  the  laws  of  the  territory,  and  it  be  duly  presented  to 
him  as  a  case  of  insurrection,  he  may  employ  for  its  suppression  the  military 
of  any  state,  or  the  land  or  naval  force  of  the  United  States.  And  if  the  ter 
ritory  be  invaded  by  the  citizens  of  other  states,  whether  for  the  purpose  of 
deciding  elections  or  for  any  other,  and  the  local  authorities  find  themselves 
unable  to  repel  or  withstand  it,  they  will  be  entitled  to,  and  upon  the  fact  be 
ing  fully  ascertained,  they  shall  most  certainly  receive,  the  aid  of  the  general 
government. 

But  it  is  not  the  duty  of  the  President  of  the  United  States  to  volunteer  in 
terposition  by  force  to  preserve  the  purity  of  elections  either  in  a  state  or  terri 
tory.  To  do  so  would  be  subversive  of  public  freedom.  And  whether  a  law 
be  wise  or  unwise,  just  or  unjust,  is  not  a  question  for  him  to  judge.  If  it  be 
constitutional — that  is,  if  it  be  the  law  of  the  land — it  is  his  duty  to  cause  it 
to  be  executed,  or  to  sustain  the  authorities  of  any  state  or  territory  in  execu 
ting  it  in  opposition  to  all  insurrectionary  movements. 

Our  system  affords  no  justification  of  revolutionary  acts ;  for  the  constitu 
tional  means  of  relieving  the  people  of  unjust  administration  and  laws,  by  a 
change  of  public  agents  and  by  repeal,  are  ample,  and  more  prompt  and  effect 
ive  than  illegal  violence.  These  constitutional  means  must  be  scrupulously 
guarded — this  great  prerogative  of  popular  sovereignty  sacredly  respected. 

It  is  the  undoubted  right  of  the  peaceable  and  orderly  people  of  the  terri 
tory  of  Kansas  to  elect  their  own  legislative  body,  make  their  own  laws,  and 
42 


C50  KANSAS  AFFAIRS. 

regulate  their  own  social  institutions,  without  foreign  or  domestic  molestation. 
Interference,  on  the  one  hand,  to  procure  the  abolition  or  prohibition  of  slave- 
labor  in  the  territory,  has  produced  mischievous  interference  on  the  other  for 
its  maintenance  or  introduction.  One  wrong  begets  another.  Statements  en 
tirely  unfounded  or  grossly  exaggerated,  concerning  events  within  the  terri 
tory,  are  sedulously  diffused  through  remote  states  to  feed  the  flame  of  sec 
tional  animosity  there ;  and  the  agitators  there  exert  themselves  inclefatigably 
in  return  to  encourage  and  stimulate  strife  within  the  territory. 

The  inflammatory  agitation,  of  which  the  present  is  but  a  part,  has  for  twenty 
years  produced  nothing  save  unmitigated  evil,  north  and  south.  But  for  it  the 
character  of  the  domestic  institutions  of  the  future  new  state  would  have  been 
a  matter  of  too  little  interest  to  the  inhabitants  of  the  contiguous  states,  per 
sonally  or  collectively,  to  produce  among  them  any  political  emotion.  Climate, 
soil,  production,  hopes  of  rapid  advancement,  and  the  pursuit  of  happiness  on 
the  part  of  settlers  themselves,  with  good  wishes  but  with  no  interference  from 
without,  would  have  quietly  determined  the  question  which  is  at  this  time  of 
such  disturbing  character. 

But  we  are  constrained  to  turn  our  attention  to  the  circumstances  of  embar 
rassment  as  they  now  exist.  It  is  the  duty  of  the  people  of  Kansas  to  dis 
countenance  every  act  or  purpose  of  resistance  to  its  laws.  Above  all,  the 
emergency  appeals  to  the  citizens  of  the  states  and  especially  of  those  contig 
uous  to  the  territory,  neither  by  intervention  of  non-residents  in  elections,  nor 
by  unauthorized  military  force,  to  attempt  to  encroach  upon  or  usurp  the  au 
thority  of  the  inhabitants  of  the  territory. 

No  citizen  of  our  country  should  permit  himself  to  forget  that  he  is  a  part 
of  its  government,  and  entitled  to  be  heard  in  the  determination  of  its  policy 
and  its  measures ;  and  that,  therefore,  the  highest  considerations  of  personal 
honor  and  patriotism  require  him  to  maintain,  by  whatever  of  power  or  influ 
ence  he  may  possess,  the  integrity  of  the  laws  of  the  republic. 

Entertaining  these  views,  it  will  be  my  imperative  duty  to  exert  th,e  whole 
power  of  the  federal  executive  to  support  public  order  in  the  territory;  to 
vindicate  its  laws,  whether  federal  or  local,  against  all  attempts  of  organized 
resistance  ;  and  so  to  protect  its  people  in  the  establishment  of  their  own  insti 
tutions,  undisturbed  by  encroachment  from  without,  and  in  the  full  enjoyment 
of  the  rights  of  self-government  assured  to  them  by  the  constitution  and  the 
organic  act  of  congress. 

Although  serious  and  threatening  disturbances  in  the  territory  of  Kansas, 
announced  to  me  by  the  governor,  in  December  last,  were  speedily  quieted 
without  the  effusion  of  blood,  and  in  a  satisfactory  manner,  there  is,  I  regret 
to  say,  reason  to  apprehend  that  disorders  will  continue  to  occur  there,  with 
increasing  tendency  to  violence,  until  some  decisive  measures  be  taken  to  dis 
pose  of  the  question  itself  which  constitutes  the  inducement  or  occasion  of 
internal  agitation  and  of  external  interference. 

This,  it  seems  to  me,  can  best  be  accomplished  by  providing  that,  when  the 
inhabitants  of  Kansas  may  desire  it,  and  shall  be  of  sufficient  numbers  to  con- 


REPORT  OF  MR.  DOUGLAS.  G51 

stitute  a  state,  a  convention  of  delegates,  duly  elected  by  the  qualified  voters, 
shall  assemble  to  frame  a  constitution,  and  thus  to  prepare,  through  regular 
and  lawful  means,  for  its  admission  into  the  Union  as  a  state.  I  respectfully 
recommend  the  enactment  of  a  law  to  that  effect. 

I  recommend,  also,  that  a  special  appropriation  be  made  to  defray  any 
expense  which  may  become  requisite  in  the  execution  of  the  laws  or  the  main 
tenance  of  public  order  in  the  territory  of  Kansas. 

This  message  of  the  president  was  referred  to  the  committee  on  territories 
in  the  senate,  and  on  the  12th  of  March,  Mr.  Douglas,  from  the  committee, 
made  an  elaborate  report,  from  which  we  have  room  only  for  a  few  extracts. 
Mr.  Douglas  attributed  the  origin  of  the  difficulties  in  Kansas  to  the  emigrant 
aid  societies : 

EXTRACTS  FROM  REPORT  OF  MR.  DOUGLAS. 

Your  committee  deem  this  an  appropriate  occasion  to  state  briefly,  but  dis 
tinctly,  the  principles  upon  which  new  states  may  be  admitted  and  territories 
organized  under  the  authority  of  the  constitution  of  the  United  States. 

The  constitution  (section  3,  article  4)  provides  that  "  new  states  may  be 
admitted  by  the  congress  into  this  Union." 

Section  8,  article  1 :  "  Congress  shall  have  power  to  make  all  laws  which 
shall  be  necessary  and  proper  for  carrying  into  execution  the  foregoing  powers 
and  all  other  powers  vested  by  this  constitution  in  the  government  of  the 
United  States,  or  in  any  department  or  office  thereof. " 

10th  amendment :  "  The  powers  not  delegated  to  the  United  States  by  the 
constitution,  nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states 
respectively,  or  to  the  people." 

A  state  of  the  federal  Union  is  a  sovereign  power,  limited  only  by  the  consti 
tution  of  the  United  States. 

The  limitations  which  that  instrument  has  imposed  are  few,  specific,  and 
uniform — applicable  alike  to  all  the  states,  old  and  new.  There  is  no  authority 
for  putting  a  restriction  upon  the  sovereignty  of  a  new  state  which  the  consti 
tution  has  not  placed  on  the  original  states.  Indeed,  if  such  a  restriction 
could  be  imposed  on  any  state,  it  would  instantly  cease  to  be  a  state  within  the 
meaning  of  the  federal  constitution,  and,  in  consequence  of  the  inequality, 
would  assimilate  to  the  condition  of  a  province  or  dependency.  Hence, 
equality  among  all  the  states  of  the  Union  is  a  fundamental  principle  in  our 
federative  system — a  principle  embodied  in  the  constitution,  as  the  basis  upon 
which  the  American  Union  rests. 

African  slavery  existed  in  all  the  colonies,  under  the  sanction  of  the  British 
government,  prior  to  the  declaration  of  independence.  When  the  constitution 
of  the  United  States  was  adopted,  it  became  the  supreme  law  and  bond  of 
union  between  twelve  slaveholding  states  and  one  non-slaveholding  state. 
Each  state  reserved  the  right  to  decide  the  question  of  slavery  for  itself — to 
continue  it  as  a  domestic  institution  so  long  as  it  pleased,  and  to  abolish  it 
when  it  chose. 

In  pursuance  of  this  reserved  right,  six  of  the  original  slaveholding  states 


652  KANSAS  AFFAIRS. 

have  since  abolished  and  prohibited  slavery  within  their  limits  respectively, 
without  consulting  congress  or  their  sister  states ;  while  the  other  six  have 
retained  and  sustained  it  as  a  domestic  institution  which,  in  their  opinion,  had 
become  so  firmly  engrafted  on  their  social  systems  that  the  relation  between 
the  master  and  slave  could  not  be  dissolved  with  safety  to  either.  In  the  mean 
time  eighteen  new  states  have  been  admitted  into  the  Union,  in  obedience  to 
the  federal  constitution,  on  an  equal  footing  with  the  original  states,  including, 
of  course,  the  right  of  each  to  decide  the  question  of  slavery  for  itself.  In 
deciding  this  question,  it  has  so  happened  that  nine  of  these  new  states  have 
abolished  and  prohibited  slavery,  while  the  other  nine  have  retained  and  regu 
lated  it.  That  these  new  states  had  at  the  time  of  their  admission,  and  still 
retain,  an  equal  right  under  the  federal  constitution  with  the  original  states, 
to  decide  all  questions  of  domestic  policy  for  themselves,  including  that  of 
African  slavery,  ought  not  to  be  seriously  questioned,  and  certainly  cannot  be 
successfully  controverted. 

They  are  all  subject  to  the  same  supreme  law,  which,  by  the  consent  of  each, 
constitutes  the  only  limitation  upon  their  sovereign  authority. 

Since  we  find  the  right  to  admit  new  states  enumerated  among  the  powers 
expressly  delegated  in  the  constitution,  the  question  arises,  whence  does  con 
gress  derive  authority  to  organize  temporary  government  for  the  territories, 
preparatory  to  their  admissipn  into  the  Union  on  an  equal  footing  with  the 
original  states  ?  Your  committee  are  not  prepared  to  adopt  the  reasoning 
which  deduces  the  power  from  that  other  clause  of  the  constitution,  which 


"  Congress  shall  have  power  to  dispose  of  and  make  all  needful  rules  and 
regulations  respecting  the  territory  or  other  property  belonging  to  the  United 
States." 

The  language  of  this  clause  is  much  more  appropriate  when  applied  to 
property  than  to  persons.  It  would  seem  to  have  been  employed  for  the  pur 
pose  of  conferring  upon  congress  the  power  of  disposing  of  the  public  lands 
and  other  property  belonging  to  the  United  States,  and  to  make  all  needful 
rules  and  regulations  for  that  purpose,  rather  than  to  govern  the  people  who 
might  purchase  those  lands  from  the  United  States  and  become  residents 
thereon.  The  word  "  territory  "  was  an  appropriate  expression  to  designate 
that  large  area  of  public  lands  of  which  the  United  States  had  become  the 
owner  by  virtue  of  the  revolution  and  the  cession  by  the  several  states.  The 
additional  words,  "  or  other  property  belonging  to  the  United  States,"  clearly 
shows  that  the  term  "  territory  "  was  used  in  its  ordinary  geographical  sense, 
to  designate  the  public  domain,  and  not  as  descriptive  of  the  whole  body  of 
the  people  constituting  a  distinct  political  community,  who  have  no  represen 
tation  in  congress,  and  consequently  no  voice  in  making  the  laws  upon  which 
all  their  rights  and  liberties  would  depend,  if  it  were  conceded  that  congress 
had  the  general  and  unlimited  power  to  make  all  "  needful  rules  and  regula 
tions  concerning"  their  internal  affairs  and  domestic  concerns.  It  is  under 
this  clause  of  the  constitution,  and  from  this  alone,  that  congress  derives 


REPORT  OF  MR.  DOUGLAS.  053 

authority  to  provide  for  the  survey  of  the  public  lands,  for  securing  preemp 
tion  rights  to  actual  settlers,  for  the  establishment  of  land  offices  in  the  several 
states  and  territories,  for  exposing  the  lands  to  private  and  public  sale,  for 
issuing  patents  and  confirming  titles,  and,  in  short,  for  making  all  needful  rules 
and  regulations  for  protecting  and  disposing  of  the  public  domain  and  other 
property  belonging  to  the  United  States. 

These  needful  rules  and  regulations  may  be  embraced,  and  usually  are  found 
in  general  laws  applicable  alike  to  states  and  territories,  wherever  the  United 
States  may  be  the  owner  of  the  lands  or  other  property  to  be  regulated  or  dis 
posed  of.  It  can  make  no  difference,  under  this  clause  of  the  constitution, 
whether  the  "territory  or  other  property  belonging  to  the  United  States," 
shall  be  situated  in  Ohio  or  Kansas,  in  Alabama  or  Minnesota,  in  California  or 
Oregon.  The  power  of  congress  to  make  needful  rules  and  regulations  is  the 
same  in  the  states  and  the  territories,  to  the  extent  that  the  title  is  vested  in 
the  United  States.  Inasmuch  as  the  right  of  legislation  in  such  cases  rests 
exclusively  upon  the  fact  of  ownership,  it  is  obvious  it  can  extend  only  to  the 
tracts  of  land  to  which  the  United  States  possess  the  title,  and  must  cease  in 
respect  to  each  tract  the  instant  it  becomes  private  property  by  purchase  from 
the  United  States.  It  will  scarcely  be  contended  that  congress  possesses  the 
power  to  legislate  for  the  people  of  those  states  in  which  public  lands  may  be 
located,  in  respect  to  their  internal  affairs  and  domestic  concerns,  merely 
because  the  United  States  may  be  so  fortunate  as  to  own  a  portion  of  the  ter 
ritory  and  other  property  within  the  limits  of  those  states.  Yet  it  should  be 
borne  in  mind  that  this  clause  of  the  constitution  confers  upon  congress  the 
same  power  to  make  needful  rules  and  regulations  in  the  states  as  it  does  in 
the  territories,  concerning  the  territory  or  other  property  belonging  to  the 
United  States. 

In  view  of  these  considerations,  your  committee  are  not  prepared  to  affirm 
that  congress  derives  authority  to  institute  governments  for  the  people  of  the 
territories,  from  that  clause  of  the  constitution  which  confers  the  right  to  make 
needful  rules  and  regulations  concerning  the  territory  or  other  property 
belonging  to  the  United  States  ;  much  less  can  we  deduce  the  power  from  any 
supposed  necessity,  arising  outside  of  the  constitution  and  not  provided  for  in 
that  instrument.  The  federal  government  is  one  of  delegated  and  limited 
powers,  clothed  with  no  rightful  authority  which  does  not  result  directly  and 
necessarily  from  the  constitution.  Necessity,  when  experience  shall  have  clearly 
demonstrated  its  existence,  may  furnish  satisfactory  reasons  for  enlarging  the 
authority  of  the  federal  government,  by  amendments  to  the  constitution,  in  the 
mode  prescribed  in  that  instrument ;  but  cannot  afford  the  slightest  excuse  for 
the  assumption  of  powers  not  delegated,  and  which,  by  the  tenth  amendment, 
are  expressly  "reserved  to  the  states  respectively,  or  to  the  people."  Hence, 
before  the  power  can  be  safely  exercised,  the  right  of  congress  to  organize  ter 
ritories,  by  instituting  temporary  governments,  must  be  traced  directly  to  some 
provision  of  the  constitution  conferring  the  authority  in  express  terms,  or  as  a 
means  necessary  and  proper  to  carry  into  effect  some  one  or  more  of  the  pow- 


654  KANSAS  AFFAIRS. 

ers  which  are  specifically  delegated.  Is  not  the  organization  of  a  territory 
eminently  necessary  and  proper  as  a  means  of  enabling  the  people  thereof  to 
form  and  mould  their  local  and  domestic  institutions,  and  establish  a  state 
government  under  the  authority  of  the  constitution,  preparatory  to  its  admis 
sion  into  the  Union  ?  If  so,  the  right  of  congress  to  pass  the  organic  act  for 
the  temporary  government  is  clearly  included  in  the  provision  which  authorizes 
the  admission  of  new  states.  This  power,  however,  being  an  incident  to  an 
express  grant,  and  resulting  from  it.  by  necessary  implication,  as  an  appro 
priate  means  for  carrying  it  into  effect,  must  be  exercised  in  harmony  with  the 
nature  and  objects  of  the  grant  from  which  it  is  deduced.  The  organic  act  of 
the  territory,  deriving  its  validity  from  the  power  of  congress  to  admit  new 
states,  must  contain  no  provision  or  restriction  which  would  destroy  or  impair 
the  equality  of  the  proposed  state  with  the  original  states,  or  impose  any  lim 
itation  upon  its  sovereignty  which  the  constitution  has  not  placed  on  all  the 
states.  So  far  as  the  organization  of  a  territory  may  be  necessary  and  proper 
as  a  means  of  carrying  into  effect  the  provision  of  the  constitution  for  the  ad 
mission  of  new  states,  and  when  exercised  with  reference  only  to  that  end,  the 
power  of  congress  is  clear  and  explicit ;  but  beyond  that  point  the  authority 
cannot  extend,  for  the  reason  that  all  "  powers  not  delegated  to  the  United 
States  by  the  constitution,  nor  prohibited  by  it  to  the  states,  are  reserved  to 
the  states  respectively,  or  to  the  people."  In  other  words,  the  organic  act  of 
the  territory,  conforming  to  the  spirit  of  the  grant  from  which  it  receives  its 
validity,  must  leave  the  people  entirely  free  to  form  and  regulate  their  domestic 
institutions  and  internal  concerns  in  their  own  way,  subject  only  to  the  consti 
tution  of  the  United  States,  to  the  end  that  when  they  attain  the  requisite 
population,  and  establish  a  state  government  in  conformity  to  the  federal  con 
stitution,  they  may  be  admitted  into  the  Union  on  an  equal  footing  with  the 
original  states  in  all  respects  whatsoever. 

The  act  of  congress  for  the  organization  of  the  territories  of  Kansas  and 
Nebraska  was  designed  to  conform  to  the  spirit  and  letter  of  the  federal  con 
stitution,  by  preserving  and  maintaining  the  fundamental  principles  of  equality 
among  all  the  states  of  the  Union,  notwithstanding  the  restriction  contained 
in  the  8th  section  of  the  act  of  March  6,  1820,  (preparatory  to  the  admission 
of  Missouri  into  the  Union,)  which  assumed  to  deny  to  the  people  forever  the 
right  to  settle  the  question  of  slavery  for  themselves,  provided  they  should  make 
their  homes  and  organize  states  north  of  thirty-six  degrees  and  thirty  minutes 
north  latitude.  Conforming  to  the  cardinal  principles  of  state  equality  and 
self-government,  in  obedience  to  the  constitution,  the  Kansas-Nebraska  act  de 
clared,  in  the  precise  language  of  the  compromise  measures  of  1850,  that, 
"  when  admitted  as  a  state,  the  said  territory,  or  any  portion  of  the  same,  shall 
be  received  into  the  Union,  with  or  without  slavery,  as  their  constitution  may 
prescribe  at  the  time  of  their  admission."  Again,  after  declaring  the  8th  sec 
tion  of  the  Missouri  act  (sometimes  called  the  Missouri  compromise,  or  Mis 
souri  restriction)  inoperative  and  void,  as  being  repugnant  to  these  principles, 
the  purpose  of  congress,  in  passing  this  act,  is  declared  in  these  words  :  "  It 


REPORT  OF  MR.  DOUGLAS.  655 

being  the  true  intent  and  meaning  of  this  act  not  to  legislate  slavery  into  any 
state  or  territory,  nor  to  exclude  it  therefrom,  but  to  leave  the  people  thereof 
perfectly  free  to  form  and  regulate  their  domestic  institutions  in  their  own  way, 
subject  only  to  the  constitution  of  the  United  States." 

Immediately  after  the  passage  of  the  act,  combinations  were  entered  into  in 
some  portions  of  the  Union  to  control  the  political  destinies,  and  form  and  reg 
ulate  the  domestic  institutions,  of  those  territories  and  future  states,  through 
the  machinery  of  emigrant  aid  societies.  In  order  to  give  consistency  and  ef 
ficiency  to  the  movement,  and  surround  it  with  the  color  of  legal  authority,  au 
act  of  incorporation  was  procured  from  the  legislature  of  the  state  of  Massa 
chusetts,  in  which  it  was  provided,  in  the  first  section,  that  twenty  persons 
therein  named,  and  their  "  associates,  successors,  and  assigns,  are  hereby  made 
a  corporation,  by  the  name  of  the  Massachusetts  Emigrant  Aid  Company,  for 
the  purpose  of  assisting  emigrants  to  settle  in  the  west."  The  second  section 
limited  the  capital  stock  of  the  company  to  five  millions  of  dollars,  and  au 
thorized  the  whole  to  be  invested  in  real  and  personal  estate,  with  the  proviso 
that  "  the  said  corporation  shall  not  hold  real  estate  in  this  commonwealth, 
(Massachusetts)  to  an  amount  exceeding  twenty  thousand  dollars."  Although 
the  act  of  incorporation  does  not  distinctly  declare  that  the  company  was  form 
ed  for  the  purpose  of  controlling  the  domestic  institutions  of  the  territory  of 
Kansas,  and  forcing  it  into  the  Union  with  a  prohibition  of  slavery  in  her  con 
stitution,  regardless  of  the  rights  and  wishes  of  the  people  as  guarantied  by 
the  constitution  of  the  United  States,  and  secured  by  their  organic  law,  yet  the 
whole  history  of  the  movement,  the  circumstances  in  which  it  had  its  origin, 
and  the  professions  and  avowals  of  all  engaged  in  it,  render  it  certain  and  un 
deniable  that  such  was  its  object. 

To  remove  all  doubt  upon  this  point,  your  committee  present  a  few  extracts 
from  a  pamphlet  published  by  the  company : 

"For  the  purpo.se  of  answering  numerous  communications  concerning  the  plan  of  op 
erations  of  the  Emigrant  Aid  Company,  and  the  resources  of  Kansas  territory,  which  it 
is  proposed  now  to  settle,  the  secretary  of  the  company  has  deemed  it  expedient  to  pub 
lish  the  following  definite  information  in  regard  to  this  particular :  *  * 

"For  these  purposes  it  is  recommended,  1st.  That  the  trustees  contract  immediately 
with  some  one  of  the  competing  lines  of  travel  for  the  conveyance  of  20,000  persons 
from  Massachusetts  to  that  place  in  the  west  which  the  trustees  shall  select  for  their  first 
settlement."  *  *  *  *  * 

"It  is  recommended  that  the  company's  agents  locate  and  take  up  for  the  company's 
benefit,  the  sections  of  land  in  which  the  boarding-houses  and  mills  are  located,  and  no 
others.  And  further,  whenever  the  territory  shall  be  organized  as  a  free  state,  the  trus 
tees  shall  dispose  of  all  its  interests  there,  replace  by  the  sales  the  money  laid  out,  de 
clare  a  dividend  to  the  stockholders,  and  that  they  then  select  a  new  field,  and  make 
similar  arrangements  for  the  settlement  and  organization  of  another  free  state  of  this 
Union."  ***** 

' '  With  the  advantages  attained  by  such  a  system  of  effort,  the  territory  selected  as 
the  scene  of  operations  would,  it  is  believed,  be  filled  up  with  free  inhabitants."  * 

"  There  is  reason  to  suppose  several  thousand  men  of  New  England  origin  propose  to 
emigrate  under  the  auspices  of  some  such  arrangement,  this  very  summer.  Of  the  whole 


65 G  KANSAS    AFFAIRS. 

emigration  from  Europe,  amounting  to  some  400,000  persons,  there  can  be  no  difficulty 
in  inducing  some  thirty  or  forty  thousand  to  take  the  same  direction."  *  * 

"Especially  will  it  prove  an  advantage  to  Massachusetts,  if  she  create  the  new  state 
by  her  foresight,  supply  the  necessities  of  its  inhabitants,  and  open  in  the  outset  com 
munications  between  their  homes  and  her  ports  and  factories." 

"It  determines  in  the  right  way  the  institutions  of  the  unsettled  territories,  in  less 
time  than  the  discussion  of  them  has  required  in  congress."  *  * 

This  movement  is  justified  by  those  who  originated  and  control  the  plan,  up 
on  the  ground  that  the  persons  whom  they  sent  to  Kansas  were  free  men,  who, 
under  the  constitution  and  laws,  had  a  perfect  right  to  emigrate  to  Kansas  or 
any  other  territory ;  that  the  act  of  emigration  was  entirely  voluntary  on  their 
part ;  and  when  they  arrived  in  the  territory  as  actual  settlers,  they  had  as 
good  a  right  as  any  other  citizens  to  vote  at  the  elections,  and  participate  in 
the  control  of  the  government  of  the  territory.  This  would  undoubtedly  be 
true  in  a  case  of  ordinary  emigration,  such  as  has  filled  up  our  new  states  and 
territories,  where  each  individual  has  gone,  on  his  own  account,  to  improve  his 
condition  and  that  of  his  family.  But  it  is  a  very  different  thing  where  a  state 
creates  a  vast  moneyed  corporation  for  the  purpose  of  controlling  the  domes 
tic  institutions  of  a  distinct  political  community  fifteen  hundred  miles  distant, 
and  sends  out  the  emigrants  only  as  a  means  of  accomplishing  its  paramount 
political  objects.  When  a  powerful  corporation,  with  a  capital  of  five  millions 
of  dollars  invested  in  houses  and  lands,  in  merchandise  and  mills,  in  cannon 
and  rifles,  in  powder  and  lead — in  all  the  implements  of  art,  agriculture,  and 
war,  and  employing  a  corresponding  number  of  men,  all  under  the  manage 
ment  and  control  of  non-resident  directors  and  stockholders,  who  are  author 
ized  by  their  charter  to  vote  by  proxy  to  the  extent  of  fifty  votes  each,  enters 
a  distant  and  sparsely  settled  territory  with  the  fixed  purpose  of  wielding  all 
its  power  to  control  the  domestic  institutions  and  political  destinies  of  the  ter 
ritory,  it  becomes  a  question  of  fearful  import,  how  far  the  operations  of  the 
company  are  compatible  with  the  rights  and  liberties  of  the  people.  What 
ever  may  be  the  extent  or  limit  of  congressional  authority  over  the  territories, 
it  is  clear  that  no  individual  state  has  the  right  to  pass  any  law  or  authorize 
any  act  concerning  or  affecting  the  territories,  which  it  might  not  enact  in  ref 
erence  to  any  other  state. 

When  the  emigrants  sent  out  by  the  Massachusetts  Emigrant  Aid  Company, 
and  their  affiliated  societies,  passed  through  the  state  of  Missouri  in  large  num 
bers  on  their  way  to  Kansas,  the  violence  of  their  language,  and  the  unmis 
takable  indications  of  their  determined  hostility  to  the  domestic  institutions  of 
that  state,  created  apprehensions  that  the  object  of  the  company  was  to  abo- 
litionize  Kansas  as  a  means  of  prosecuting  a  relentless  warfare  upon  the  insti 
tution  of  slavery  within  the  limits  of  Missouri.  These  apprehensions  in 
creased  and  spread  with  the  progress  of  events,  until  they  became  the  settled 
convictions  of  the  people  of  that  portion  of  the  state  most  exposed  to  the  dan 
ger  by  their  proximity  to  the  Kansas  border.  The  natural  consequence  was, 
that  immediate  steps  were  taken  by  the  people  of  the  western  counties  of  Mis 
souri  to  stimulate,  organize,  and  carry  into  effect  a  system  of  emigration  siini- 


REPORT  OF  MR.  DOUGLAS.  657 

lar  to  that  of  the  Massachusetts  Emigrant  Aid  Company,  for  the  avowed  pur 
pose  of  counteracting  the  effects,  and  protecting  themselves  and  their  domestic 
institutions  from  the  consequences  of  that  company's  operations. 

The  material  difference  in  the  character  of  the  two  rival  and  conflicting 
movements  consists  in  the  fact  that  the  one  had  its  origin  in  an  aggressive,  and 
the  other  in  a  defensive  policy.  The  one  was  organized  in  pursuance  of  the 
provisions  and  claiming  to  act  under  the  authority  of  a  legislative.enactment 
of  a  distant  state,  whose  internal  prosperity  and  domestic  security  did  not  de 
pend  upon  the  success  of  the  movement ;  while  the  other  was  the  spontaneous 
action  of  the  people  living  in  the  immediate  vicinity  of  the  theatre  of  opera 
tions,  excited  by  a  sense  of  common  danger  to  the  necessity  of  protecting  their 
own  firesides  from  the  apprehended  horrors  of  servile  insurrection  and  intestine 
war.  Both  parties,  conceiving  it  to  be  essential  to  the  success  of  their  respec 
tive  plans  that  they  should  be  upon  the  field  of  operations  prior  to  the  first 
election  in  the  territory,  selected  principally  young  men,  persons  unencumbered 
by  families,  and  whose  conditions  in  life  enabled  them  to  leave  at  a  moment's 
warning,  and  move  with  great  celerity,  to  go  at  once,  and  select  and  occupy  the 
most  eligible  sites  and  favored  locations  in  the  territory,  to  be  held  by  them 
selves  and  their  associates  who  should  follow  them.  For  the  successful  prose 
cution  of  such  a  scheme,  the  Missourians,  who  lived  in  the  immediate  vicinity, 
possessed  peculiar  advantages  over  their  rivals  from  the  more  remote  portions 
of  the  Union.  Each  family  could  send  one  of  its  members  across  the  line  to 
mark  out  his  claim,  erect  a  cabin,  and  put  in  a  small  crop,  sufficient  to  give 
him  as  valid  a  right  to  be  deemed  an  actual  settler  and  qualified  voter  as  those 
who  were  being  imported  by  the  emigrant  aid  societies.  In  an  unoccupied  ter 
ritory,  where  the  lands  have  not  been  surveyed,  and  where  there  were  no  marks 
or  lines  to  indicate  the  boundaries  of  sections  and  quarter-sections,  and  where 
no  legal  title  could  be  had  until  after  the  surveys  should  be  made,  disputes, 
quarrels,  violence,  and  bloodshed  might  have  been  expected  as  the  natural  and 
inevitable  consequences  of  such  extraordinary  systems  of  emigration,  which 
divided  and  arrayed  the  settlers  into  two  great  hostile  parties,  each  having  an 
inducement  to  claim  more  than  was  his  right,  in  order  to  hold  it  for  some  new 
comer  of  his  own  party,  and  at  the  same  time  prevent  persons  belonging  to  the 
opposite  party  from  settling  in  the  neighborhood.  As  a  result  of  this  state  of 
things,  the  great  mass  of  emigrants  from  the  northwest  and  from  other  states 
who  went  there  on  their  own  account,  with  no  other  object  and  influence,  by  no 
other  motives  than  to  improve  their  condition  and  secure  good  homes  for  their 
families,  were  compelled  to  array  themselves  under  the  banner  of  one  of  these 
hostile  parties,  in  order  to  insure  protection  to  themselves  and  their  claims 
against  the  aggressions  and  violence  of  the  other. 

Your  committee  have  not  considered  it  any  part  of  their  duty  to  examine 
and  review  each  enactment  and  provision  of  the  large  volume  of  laws  adopted 
by  the  legislature  of  Kansas  upon  almost  every  rightful  subject  of  legislation, 
and  affecting  nearly  every  relation  and  interest  in  life,  with  a  view  cither  to 
their  approval  or  disapproval  by  congress,  for  the  reason  that  they  are  local 


658  KANSAS  AFFAIRS. 

laws,  confined  in  their  operation  to  the  internal  concerns  of  the  territory,  the 
control  and  management  of  which,  by  the  principles  of  the  federal  constitution, 
as  well  as  by  the  terms  of  the  Kansas-Nebraska  act,  are  confided  to  the  peo 
ple  of  the  territory,  to  be  determined  by  themselves  through  their  representa 
tives  in  their  local  legislature,  and  not  by  the  congress,  in  which  they  have  no 
representatives  to  give  or  withhold  their  assent  to  the  laws  upon  which  their 
rights  and^*  liberties  may  all  depend.  Under  these  laws  marriages  have  taken 
place,  children  have  been  born,  deaths  have  occurred,  estates  have  been  dis 
tributed,  contracts  have  been  made,  and  rights  have  accrued  which  it  is  not 
competent  for  congress  to  divest.  If  there  can  be  a  doubt  in  respect  to  the 
validity  of  these  laws,  growing  out  of  the  alleged  irregularity  of  the  election 
of  the  members  of  the  legislature,  or  the  lawfulness  of  the  place  where  its  ses 
sions  were  held,  which  it  is  competent  for  any  tribunal  to  inquire  into  with  a 
view  to  its  decision  at  this  day,  and  after  the  series  of  events  which  have  en 
sued,  it  must  be  a  judicial  question,  over  which  congress  can  have  no  control, 
and  which  can  be  determined  only  by  the  courts  of  justice,  under  the  protect 
tion  and  sanction  of  the  constitution. 

When  it  was  proposed  in  the  last  congress  to  annul  the  acts  of  the  legisla 
tive  assembly  of  Minnesota,  incorporating  certain  railroad  companies,  this  com 
mittee  reported  against  the  proposition,  and,  instead  of  annulling  the  local  leg 
islation  of  the  territory,  recommended  the  repeal  of  that  clause  of  the  organic 
act  of  Minnesota  which  reserves  to  congress  the  right  to  disapprove  its  laws. 
That  recommendation  was  based  on  the  theory  that  the  people  of  the  territory, 
being  citizens  of  the  United  States,  were  entitled  to  the  privilege  of  self-gov 
ernment  in  obedience  to  the  constitution ;  and  if,  in  the  exercise  of  this  right, 
they  had  made  wise  and  just  laws,  they  ought  to  be  permitted  to  enjoy  all  the 
advantages  resulting  from  them ;  while,  on  the  contrary,  if  they  had  made  un 
wise  and  unjust  laws,  they  should  abide  the  consequences  of  their  own  acts 
until  they  discovered,  acknowledged,  and  corrected  their  errors. 

It  has  been  alleged  that  gross  misrepresentations  have  been  made  in  respect 
to  the  character  of  the  laws  enacted  by  the  legislature  of  Kansas,  calculated, 
if  not  designed,  to  prejudice  the  public  mind  at  a  distance  against  those  who 
enacted  them,  and  to  create  the  impression  that  it  was  the  duty  of  congress  to 
interfere  and  annul  them.  In  view  of  the  violent  and  insurrectionary  measures 
which  were  being  taken  to  resist  the  laws  of  the  territory,  a  convention  of  del 
egates,  representing  almost  every  portion  of  the  territory  of  Kansas,  was  held 
at  the  city  of  Leaven  worth  on  the  14th  of  November,  1855,  at  which  men  of 
all  shades  of  political  opinions,  "  whigs,  democrats,  pro-slavery  men,  and  free 
state  men,  all  met  and  harmonized  together,  and  forgot  their  former  differences 
in  the  common  danger  that  seemed  to  threaten  the  peace,  good  order,  and 
prosperity  of  this  community."  This  convention  was  presided  over  by  the 
governor  of  the  territory,  assisted  by  a  majority  of  the  judges  of  the  supreme 
court ;  and  the  address  to  the  citizens  of  the  United  States,  among  other  dis 
tinguished  names,  bears  the  signatures  of  the  United  States  district  attorney 
and  marshal  for  the  territory. 


REPORT  :   KANSAS  LEGISLATION.  659 

It  is  but  reasonable  to  assume  that  the  interpretation  which  these  function 
aries  have  given  to  the  acts  of  the  Kansas  legislature  in  this  address  will  be 
observed  in  their  official  exposition  and  execution  of  the  same.  In  reference 
to  the  wide-spread  perversions  and  misrepresentations  of  those  laws,  this  ad 
dress  says : 

"The  laws  passed  by  the  legislature  have  been  most  grossly  misrepresented,  with  the 
view  of  prejudicing  the  public  against  that  body,  and  as  an  excuse  for  the  revolutionary 
movements  in  this  territory.  The  limits  of  this  address  will  not  permit  a  correction  of 
all  these  misrepresentations ;  but  we  will  notice  some  of  them,  that  have  had  the  most 
wide-spead  circulation. 

"  It  has  been  charged  and  widely  circulated  that  the  legislature,  in  order  to  perpetuate 
their  rule,  had  passed  a  law  prescribing  the  qualifications  of  voters,  by  which  it  is  de 
clared  '  that  any  one  may  vote  who  will  swear  allegiance  to  the  fugitive  slave  law,  the 
Kansas  and  Nebraska  bill,  and  pay  one  dollar.'  Such  is  declared  to  be  the  evidence  of 
citizenship,  such  the  qualification  of  voters.  In  reply  to  this,  we  say  that  no  such  law 
was  ever  passed  by  the  legislature.  The  law  prescribing  the  qualification  of  voters  ex 
pressly  provides  that,  to  entitle  a  person  to  vote,  he  must  be  twenty-one  years  of  age, 
an  actual  inhabitant  of  this  territory,  and  of  the  county  or  district  in  which  he  offers  to 
vote,  and  shall  have  paid  a  territorial  tax.  There  is  no  law  requiring  him  to  pay  a  dol 
lar-tax  as  a  qualification  to  vote.  He  must  pay  a  tax  it  is  true,  [and  this  is  by  no  means 
an  unusual  requirement  in  the  states ;]  but  whether  this  tax  is  levied  on  his  personal  or 
real  property,  his  money  at  interest,  or  is  a  poll-tax,  makes  no  difference ;  the  payment 
of  any  territorial  tax  entitles  the  person  to  vote,  provided  he  has  the  other  qualifications 
provided  by  law.  The  act  seems  to  be  carefully  drawn  with  the  view  of  excluding  all 
illegal  and  foreign  votes.  The  voter  must  be  an  inhabitant  of  the  territory,  and  of  the 
county  or  district  in  which  he  offers  to  vote,  and  he  must  have  paid  a  territorial  tax. 
The  judges  and  clerks  are  required  to  be  sworn,  and  to  keep  duplicate  poll-boxes  ;  and 
ample  provision  is  made  for  contesting  elections,  and  purging  the  polls  of  the  illegal 
votes.  It  is  difficult  to  see  how  a  more  guarded  law  could  be  framed,  for  the  purpose  of 
protecting  the  purity  of  elections  and  the  sanctity  of  the  ballot-box.  The  law  does  not 
require  the  voter  to  swear  to  support  the  fugitive  slave  law,  or  the  Kansas  and  Nebraska 
bill,  unless  he  is  challenged  ;  in  that  case,  he  is  required  to  take  an  oath  to  support 
each  of  these  laws.  As  to  the  dollar  law,  [so  called,]  it  is  merely  a  poll-tax,  and  has 
no  more  connection  with  the  right  of  suffrage  than  any  other  tax  levied  by  the  territorial 
authority,  and  is  to  be  paid  whether  the  party  votes  or  not.  It  is  a  mere  temporary 
measure,  having  no  force  beyond  this  year,  and  was  resorted  to  as  such  to  supply  the 
territorial  treasury  with  the  necessary  means  to  carry  on  the  government. 

"It  has  also  been  charged  against  the  legislature  that  they  elected  all  of  the  officers 
of  the  territory  for  six  years.  This  is  without  any  foundation.  They  elected  no  officer 
for  six  years  ;  and  the  only  civil  officers  they  retain  the  election  of,  that  occurs  to  us  at 
present,  are  the  auditor  and  treasurer  of  state,  and  the  district  attorneys,  who  hold  their 
offices  for  four,  and  not  six  years.  By  the  organic  act,  the  commissions  issued  by  the 
governor  to  the  civil  officers  of  the  territory  all  expired  on  the  adjournment  of  the  legis 
lature.  To  prevent  a  failure  in  the  local  administration,  and  from  necessity,  the  legisla 
ture  made  a  number  of  temporary  appointments,  such  as  probate  judge,  and  two  county 
commissioners,  and  a  sheriff  of  each  county.  The  probate  judge  and  county  commis 
sioners  constitute  the  tribunal  for  the  transaction  of  county  business,  and  are  invested 
with  the  power  to  appoint  justices  of  the  peace,  constables,  county  surveyor,  recorder, 
and  clerk,  etc.  Probate  judges,  county  commissioners,  sheriffs,  etc.,  are  all  temporary 
appointments,  and  are  made  elective  by  the  people  at  the  first  annual  election  in  1857. 
The  legislature  could  not  have  avoided  making  some  temporary  appointments.  No  e  jo- 


* 

660        »  KANSAS  AFFAIRS. 

tion  could  have  been  held  without  them.  There  were  no  judges,  justices  of  the  peace, 
or  other  officers  to  conduct  an  election  of  any  kind,  until  appointed  by  the  legislature. 
It  was  the  exercise  of  a  power  which  the  first  legislative  assembly  in  every  territory  must 
of  necessity  exercise,  in  order  to  put  the  local  government  in  motion.  We  see  nothiug 
in  this  to  justify  revolution  or  a  resort  to  force.  The  law  for  the  protection  of  slave 
property  has  also  been  much  misunderstood.  The  right  to  pass  such  a  law  is  expressly 
Btated  by  Governor  Reeder  in  his  inaugural  message,  in  which  he  says :  '  A  territorial 
legislature  may  undoubtedly  act  upon  the  question  to  a  limited  and  partial  extent,  and 
may  temporarily  prohibit,  tolerate  or  regulate  slavery  in  the  territory,  and  in  an  abso 
lute  or  modified  form,  with  all  the  force  and  effect  of  any  other  legislative  act,  binding 
until  repealed  by  the  same  power  that  enacted  it.'  There  is  nothing  in  the  act  itself,  as 
has  been  charged,  to  prevent  a  free  discussion  of  the  subject  of  slavery.  Its  bearing  on 
*  society,  its  morality  or  expediency,  or  whether  it  would  be  politic  or  impolitic  to  make 
this  a  slave  state,  can  be  discussed  here  as  freely  as  in  any  state  in  this  Union,  without 
infringing  any  of  the  provisions  of  the  law.  To  deny  the  right  of  a  person  to  hold 
slaves  under  the  law  in  this  territory  is  made  penal ;  but  beyond  this,  there  is  no  re 
striction  to  the  discussion  of  the  slavery  question,  in  any  aspect  in  which  it  is  capable 
of  being  considered.  We  do  not  wish  to  be  understood  as  approving  of  all  the  laws 
passed  by  the  legislature  ;  on  the  contrary,  we  would  state  that  there  are  some  that  we 
do  not  approve  of,  and  which  are  condemned  by  public  opinion  here,  and  which  will,  no 
doubt,  be  repealed  or  modified  at  the  meeting  of  the  next  legislature.  But  this  is  noth 
ing  more  than  what  frequently  occurs,  both  in  the  legislation  of  congress  and  of  the  va 
rious  state  legislatures.  The  remedy  for  such  evils  is  to  be  found  in  public  opinion, 
to  which,  sooner  or  later,  in  a  government  like  ours,  all  laws  must  conform." 

A  few  days  after  Governor  Reeder  dissolved  his  official  relation  with  the 
legislature,  on  account  of  the  removal  of  the  seat  of  government,  and  while 
that  body  was  still  in  session,  a  meeting  was  called  by  "many  voters,"  to  as 
semble  at  Lawrence  on  the  14th  or  15th  of  August,  1855,  "to  take  into  con 
sideration  the  propriety  of  calling  a  territorial  convention,  preliminary  to  the 
formation  of  a  state  government,  and  other  subjects  of  public  interest."  At 
that  meeting  the  following  preamble  and  resolutions  were  adopted  with  but  one 
dissenting  voice : 

"WHEREAS,  the  people  of  Kansas  territory  have  been  since  its  settlement,  and  now 
are,  without  any  law-making  power :  therefore, 

"Be  it  resolved,  that  we,  the  people  of  Kansas  territory,  in  mass  meeting  assembled, 
irrespective  of  party  distinctions,  influenced  by  a  common  necessity,  and  greatly  de 
sirous'  of  promoting  the  common  good,  do  hereby  call  upon  and  request  all  bona  fide 
citizens  of  Kansas  territory,  of  whatever  political  views  and  predilections,  to  consult 
together  in  their  respective  election  districts,  and  in  mass  convention  or  otherwise,  elect 
throe  delegates  for  each  representative  of  the  legislative  assembly,  by  proclamation  of 
Governor  Reeder  of  date  10th  March,  1855 ;  said  delegates  to  assemble  in  convention  at 
the  town  of  Topeka,  on  the  19th  day  of  September,  1855,  then  and  there  to  consider  and 
determine  upon  all  subjects  of  public  interest,  and  particularly  upon  that  having  refer 
ence  to  the  speedy  formation  of  a  state  constitution,  with  an  intention  of  an  immediate 
application  to  be  admitted  as  a  state  into  the  Union  of  the  United  States  of  America." 

This  meeting,  so  far  as  your  committee  have  been  able  to  ascertain,  was  the 
first  step  in  that  series  of  proceedings  which  resulted  in  the  adoption  of  a  con 
stitution  and  state  government,  to  be  put  in  operation  on  the  4th  of  the  present 


Jk  * 


** 


month,  in  subversion  of  the  territorial  government  established  under  the  an 


REPORT:  KANSAS  LEGION.      9'  661 

er 

thority  of  congress.  The  right  to  set  up  the  state  government  in  defiance  of 
the  constituted  authorities  of  the  territory,  is  based  on  the  assumption  "  that 
the  people  of  Kansas  territory  have  been  since  its  settlement,  and  now  are, 
without  any  law-making  power ;  "  in  the  face  of  the  well-known  fact,  that  the 
territorial  legislature  were  then  in  session,  in  pursuance  of  the  proclamation  of 
Governor  Reeder,  and  the  organic  law  of  the  territory.  On  the  5th  of  Sep 
tember,  a  "territorial  delegate  convention"  assembled  at  the  Big  Springs,  "  to 
take  into  consideration  the  present  exigencies  of  political  affairs,"  at  which, 
among  others,  the  following  resolutions  were  adopted : 

"Resolved,  That  this  convention,  in  view  of  its  recent  repudiation  of  the  acts  of  the 
so-called  Kansas  legislative  assembly,  respond  most  heartily  to  the  call  made  by  the 
people's  convention  of  the  14th  ultimo,  for  a  delegate  convention  of  the  people  of  Kan 
sas,  to  be  held  at  Topeka,  on  the  19th  instant,  to  consider  the  propriety  of  the  formation        ^      ^ 
of  a  state  constitution,  and  such  matters  as  may  legitimately  come  before  it. 

"Resolved,  That  we  owe  no  allegiance  or  obedience  to  the  tyranical  enactments  of 
this  spurious  legislature  ;  that  their  laws  have  no  validity  or  binding  force  upon  the 
people  of  Kansas ;  and  that  every  freeman  among  us  is  at  full  liberty,  consistently  with      (Mf 
his  obligations  as  a  citizen  and  a  man,  to  defy  and  resist  them  if  he  choose  so  to  do. 

"Resolved,  That  we  will  endure  and  submit  to  these  laws  no  longer  than  the  best  in 
terests  of  the  territory  require,  as  the  least  of  two  evils,  and  will  resist  them  to  a  bloody 
issue  as  soon  as  we  ascertain  that  peaceable  remedies  shall  fail,  and  forcible  resistance 
shall  furnish  any  reasonable  prospect  of  success  ;  and  that  in  the  mean  time  we  recom 
mend  to  our  friends  through  the  territory,  the  organization  and  discipline  of  volunteer 
companies,  and  the  procurement  and  preparation  of  arms." 

•••-.£     y«-      *        «i-4  •  Ijfr^*j4 

With  the  view  to  a  distinct  understanding  of  the  meaning  of  so  much  of 
this  resolution  as  relates  to  the  "organization  and  discipline  of  volunteer  com-  » 
panies,  and  the  procurement  and  preparation  of  arms,"  it  may  be  necessary  to 
state,  that  there  was  at  that  time  existing  in  the  territory  a  secret  military  or 
ganization,  which  had  been  formed  for  political  objects  prior  to  the  alleged  in 
vasion,  at  the  election  on  the  30th  of  March,  and  which  held  its  first  "  grand 
encampment  at  Lawrence,  February  8th,  1855."  Your  committee  have  been 
put  in  possession  of  a  small  printed  pamphlet,  containing  the  "constitution  "  « 
and  ritual  of  the  grand  encampment  and  regiments  of  Kansas  legion  of  Kan 
sas  territory,  adopted  April  4jth,  1855,"  which,  during  the  recent  disturbances 
in  that  territory,  was  taken  on  the  person  of  one  George  F.  Wan-en,  who  at 
tempted  to  conceal  and  destroy  the  same  by  thrusting  it  into  his  mouth,  and 
biting  and  chewing  it.  Although  somewhat  mutilated  by  the  "tooth  prints," 
it  bears  internal  evidence  of  being  a  genuine  document,  authenticated  by  the 
original  signature  of  "  G.  W.  Hutchinson,  grand  general,"  and  'J.  K.  Good 
win,  grand  quartermaster." 

The  constitution  consists  of  six  articles,  regulating  the  organization  of  the 
"Grand  Encampment,"  which  is  "composed  of  representatives  elected  from 
each  subordinate  regiment  existing  in  the  territory,  as  hereafter  provided.  The 
officers  of  the  Grand  Encampment  shall  consist  of  a  grand  general,  grand  vice-  «•/ 

•     gr 

r-v,          -.-..*  •  ••;         .    .-. 


f^j'***  * 

-r>:»-.A:v.-::         :*•* 


»* 


KANSAS  AFFAIRS. 

general,  grand  quartermaster,  grand  paymaster,  grand  aid,  two  grand  sentinels, 
and  grand  chaplain.  i%£*J 

"The  Grand  Encampment  shall  make  all  nominations  for  territorial  officers  at  large, 
and  immediately  after  such  nominations  shall  have  been  made,  the  grand  general  shall 
communicate  the  result  to  every  regiment  in  the  territory." 


The  "  opening  ceremony  "  of  the  subordinate  encampment  is  as  follows  : 

"The  colonel,  lieutenant  colonel,  quartermaster,  paymaster,  aid,  and  sentinels,  being 
in  their  respective  places,  the  regiment  shall  be  called  and  thus  addressed  by  the  colo 
nel  :     Fellow-soldiers  in  the  free-state  army :    The  hour  has  arrived  when  we  must  re 
sume  the  duties  devolving  upon  us.     Let  us  each,  with  a  heart  devoted  to  justice,  patri 
otism,  and  liberty,  attend  closely  to  all  the  regulations  laid  down  for  our  government 
and  action  ;  each  laboring  to  make  this  review  pleasant  and  profitable  to  ourselves  and  a 
blessing  to  our  country.     Aid,  are  the  sentinels  at  their  posts,  with  closed  doors  ? 
Aid.     They  are. 
Colonel.     Aid,  you  will  now  review  the  troops  in  the  regiment's  pass  word. 

"Aid.     (After  examination. )     1  have  examined  them  personally,  and  find  each  correct. 

"Colonel.     I  pronounce  this  regiment  arrayed  and  ready  for  service." 


i 


•«*•<•: 


'#••.- 


.  • 

X 

fv 

' 


Then  follows  the  process  of  initiating  new  recruits,  who  are  properly  vouch 
ed  for  by  members  of  the  order,  the  preliminary  obligations  to  observe  secrecy, 
the  catechism  to  which  the  candidate  is  subjected,  and  the  explanations  of  the 
colonel  in  respect  to  the  objects  of  the  order,  which  are  thus  stated :  "  First, 
to  secure  to  Kansas  the  blessing  and  prosperity  of  being  a  free  state ;  and, 
secondly,  to  protect  the  ballot-box  from  the  LEPROUS  TOUCH  OF  UNPRINCIPLED 
MEN.  "  These  and  all  other  questions  being  satisfactorily  answered,  the  final 
oath  is  thus  administered :  "  With  these  explanations  upon  our  part,  we  shall 
ask  of  you  that  you  take  with  us  an  obligation,  placing  yourself  in  the  same 
attitude  as  before. 

OBLIGATION. 

"  I, U-  ,  in  the  most  solemn  manner,  here  in  the  presence  of  Heaven  ano* 

these  witnesses,  bind  myself  that  I  will  never  reveal,  nor  cause  to  be  revealed,  either 
by  word,  look,  or  sign,  by  writing,  printing,  engraving,  painting  or  in  any  manner  whatso 
ever,  anything  pertaining  to  this  institution,  save  to  persons  duly  qualified  to  receive  the 
same  I  will  never  reveal  the  nature  of  the  organization,  the  place  of  meeting,  the  fact  that 
any  person  is  a  member  of  the  same,  or  even  tne  existence  of  the  organization,  except  to 
persons  legally  qualified  to  receive  the  same.  Should  I  at  any  time  withdraw,  or  be  sus 
pended  or  expelled  from  this  organization,  I  will  keep  this  obligation  to  the  end  of  life. 
If  any  books,  papers  or  moneys  belonging  to  this  organization  be  entrusted  to  my  care 
or  keeping,  I  will  faithfully  and  completely  deliver  up  the  same  to  my  successor  in  office, 
or  any  one  legally  authorized  to  receive  them.  I  will  never  knowingly  propose  a  person 
for  membership  iu  this  order  who  is  not  in  favor  of  making  Kansas  a  free  state,  and 
whom  I  feel  satisfied  will  use  his  entire  influence  to  bring  about  this  result.  I  will  sup 
port,  maintain,  and  abide  by  any  honorable  movement  made  by  the  organization  to  se 
cure  this  great  end,  which  will  not  conflict  with  the  laws  of  the  country  and  the  consti 
tution  of  the  United  States.  I  will  unflinchingly  vote  for  and  support  the  candidates 
nominated  by  this  organization  in  preference  to  any  and  all  others. 

"To  all  of  this  obligation  I  do  most  solemnly  promise  and  affirm,  binding  myself  un 
published 


REPORT  OF  MR.  DOUGLAS. 

&    "•:•__ 

to  the  several  territorial  encampments  as  a  perjurer  before  Heaven,  and  a  traitor  to  my 

country,  of  passing  through  life,  scorned  and  reviled  by  man,  frowned  on  by  devils,  for 
saken  by  angels,  and  abandoned  by  God." 

Your  committee  have  deemed  it  important  to  give  the  outline  of  the  "  cor 
stitution  and  ritual  of  the  grand  encampment  and  regiments  of  the  Kar 
legion,"  as  constituting  the  -secret  organization,  political  and  military,  in  obe 
dience  to  which  the  public  demonstrations  have  been  made  to  subvert  the 
thority  of  the  territorial  government  established  by  congress,  by  setting  up 
state  government,  either  with  or  without  the  assent  of  congress,  as  circumstan 
ces  should  determine.  The  indorsement  of  this  military  organization,  and  the  < 
recommendation  by  the  Big  Springs  convention  for  "the  procurement  and  prep 
aration  of  arms,"  accompanied  wfth  the  distinct  declaration  that  "  we  will  resist 
them  [the  laws  enacted  by  the  Kansas  legislature]  to  a  bloody  issue,  as  soon 
as  we  ascertain  that  peaceable  remedies  shall  fail,  and  forcible  resistance  shall 
furnish  any  reasonable  prospect  of  success,"  would  seem  to  admit  of  no  other 
interpretation  than  that,  in  the  event  that  the  courts  of  justice  shall  sustain  the 
validity  of  those  laws,  and  congress  shall  refuse  to  admit  Kansas  as  a  state 
with  the  constitution  to  be  formed  at  Topeka,  they  will  set  up  an  independent 
government  in  defiance  of  the  federal  authority. 

The  same  purpose  is  clearly  indicated  by  the  other  proceedings  of  this  con 
vention,  in  which  it  is  declared  that  "  we  with  scorn  repudiate  the  electi 
law,  so  called,"  and  nominate  governor  Reeder  for  congress,  to  be  voted  for  on 
a  different  day  from  that  authorized  by  law,  at  an  election  to  be  held  by  judges 
and  clerks  not  appointed  in  pursuance  of  any  legal  authority,  and  not  to  be 
sworn  by  any  person  authorized  by  law  to  administer  oaths ;  and  the  returns 
to  be  made,  and  result  proclaimed,  and  certificate  granted,  in  a  mode  and  by 
persons  not  permitted  to  perform  these  acts  by  any  law,  in  or  out  of  the  ter 
ritory. 


rrollows  ; 


In  accepting  the  nomination,  governor  Reeder  addressed  the  convention  as 
and,  among  other  things,  said  : 

"  In  giving  him  this  nomination  in  this  manner,  they  had  strengthened  his  -3%i'' 
arms  to  do  their  work,  and,  in  return,  he  would  now  pledge  to  them  a  steady, 
unflinching  pertinacity  of  purpose,  never-tiring  industry,  dogged  perseverance, 
and,  in  all  the  abilities  with  which  God  has  endowed  him,  to  the  righting  of 
their  wrongs,  and  the  final  triumph  of  their  cause.  He  believed,  from  the  cir 
cumstances  which  had  for  the  last  eight  months  surrounded  him,  and  which 
had,  at  the  same  time,  placed  in  his  possession  many  facts,  and  bound  him, 
heart  and  soul,  to  the  oppressed  voters  of  Kansas,  that  he  could  do  much  to 
wards  obtaining  a  redress  of  their  grievances.  "  * 

"  He  said  that,  day  by  day  a  crisis  was  coming  upon  us ;  that,  in  after  times, 
this  would  be  to  posterity  a  turning-point,  a  marked  period,  as  are  to  us  the 
opening  of  the  revolution,  the  adoption  of  the  Declaration  of  Independence, 
and  the  era  of  the  alien  and  sedition  laws  ;  that  we  should  take  each  carefully, 
so  that  each  be  a  step  of  progress,  and  so  that  no  violence  be  done  to  the  ti 


''•  it 


664  KANSAS   AFFAIRS. 

tyranny  under  which  we  are  and  have  been ;  and  said  that,  if  any  one  suppos 
ed  that  institutions  were  to  be  imposed  by  force  upon  a  free  and  enlightened 
people,  they  never  knew,  or  had  forgotten,  the  history  of  our  fathers.  Ameri 
can  citizens  bear  in  their  breasts  too  much  of  .the  spirit  of  other  and  trying 
days,  and  have  lived  too  long  amid  the  blessings  of  liberty,  to  submit  to  op 
pression  from  any  quarter ;  and  the  man  who  having  once  been  free,  could 
tamely  submit  to  tyranny,  was  fit  to  be  a  slave. 

"  He  urged  the  free  state  men  of  Kansas  to  forget  all  minor  issues,  and  pur 
sue  determinedly  the  one  great  object,  never  swerving,  but  steadily  pressing  on 
as  did  the  wise  men  who  followed  the  star  to  the  manger,  looking  back  only 
for  fresh  encouragement.  He  counseled  that  peaceful  resistance  be  made  to 
the  tyrannical  and  unjust  laws  of  the  spurious  legislature ;  that  appeals  to  the 
courts,  to  the  ballot  box.  and  to  congress,  be  made  for  relief  from  this  oppres 
sive  load  ;  that  violence  should  be  deprecated  as  long  as  a  single  hope  of 
peaceable  redress  remained  ;  but  if,  at  last,  all  these  should  fail — if,  in  the 
proper  tribunals,  there  is  no  hope  for  our  dearest  rights,  outraged  and  profan 
ed — if  we  are  still  to  suffer,  that  corrupt  men  may  reap  harvests  watered  by 
our  tears — then  there  is  one  more  chance  for  justice.  God  has  provided,  in 
the  eternal  frame  of  things,  redress  for  every  wrong ;  and  there  remains  to 
us  still  the  steady  eye  and  the  strong  arm,  and  we  must  conquer,  or  mingle  the 
bodies  of  the  oppressors  with  those  of  the  oppressed  upon  the  soil  which  the 
Declaration  of  Independence  no  longer  protects.  But  he  was  not  at  all  ap 
prehensive  that  such  a  crisis  would  ever  arrive.  He  believed  that  justice 
might  be  found  far  short  of  so  dreadful  an  extremity  ;  and,  even  should  an 
appeal  to  arms  come,  it  was  his  opinion,  that  if  we  are  well  prepared,  that 
moment  the  victory  is  won." 

In  pursuance  of  the  recommendation  of  the  mass  meeting  held  at  Lawrence 
on  the  14th  of  August,  and  indorsed  by  the  convention  held  at  the  Big  Springs 
on  the  5th  and  6th  of  September,  a  convention  was  held  at  Topeka,  on  the 
19th  and  20th  of  September,  at  which  it  was  determined  to  hold  another  con 
vention  at  the  same  place  on  the  fourth  Tuesday  of  October,  for  the  purpose 
of  forming  a  constitution  and  state  government ;  and  to  this  end  such  proceed 
ings  were  had  as  were  deemed  necessary  for  giving  the  notices,  conducting  the 
election  of  delegates,  making  the  returns,  and  assembling  the  convention. 
With  regard  to  the  regularity  of  these  proceedings,  your  committee  see  no 
necessity  for  further  criticism  than  is  to  be  found  in  the  fact  that  it  was  the 
movement  of  a  political  party  instead  of  the  whole  body  of  the  people  of 
Kansas,  conducted  without  the  sanction  of  law,  and  in  defiance  of  the  consti 
tuted  authorities,  for  the  avowed  purpose  of  overthrowing  the  territorial  gov 
ernment  established  by  congress. 

The  election  for  all  these  officers  were  held  at  the  time  specified ;  and  on 
the  fourth  day  of  the  present  month,  the  new  government  was  to  have  been 
put  in  operation,  in  conflict  with  the  territorial  government  established  by  con 
gress,  and  for  the  avowed  purpose  of  subverting  and  overthrowing  the  same, 

*  V* 

,..„--»    '  *  t«  .  **•  *     ••••'"- 

'-1./.'    * 

.'"*.* V-  • 

V* 


REPORT  OF  MR.  DOUGLAS.  665 

without  reference  to  the  action  of  congress  upon  their  application  for  admission 
into  the  Union. 

Your  committee  are  not  aware  of  any  case  in  the  history  of  our  own  coun 
try,  which  can  be  fairly  cited  as  an  example,  much  less  a  justification,  for  these 
extraordinary  proceedings.  Cases  have  occurred  in  which  the  inhabitants  of 
particular  territories  have  been  permitted  to  form  constitutions,  and  take  the 
initiatory  steps  for  the  organization  of  state  governments,  preparatory  to  their 
admission  into  the  Union,  without  obtaining  the  previous  assent  of  congress ; 
but  in  every  instance  the  proceeding  has  originated  with,  and  been  conducted 
in  subordination  to,  the  authority  of  the  local  governments  established  or  re 
cognized  by  the  government  of  the  United  States.  Michigan,  Arkansas, 
Florida,  and  California,  are  sometimes  cited  as  cases  in  point. 

In  tracing,  step  by  step,  the  origin  and  history  of  these  Kansas  difficulties, 
your  committee  have  been  profoundly  impressed  with  the  significant  fact,  that 
each  one  has  resulted  from  an  attempt  to  violate  or  circumvent  the  principles 
and  provisions  of  the  act  of  congress  for  the  organization  of  Kansas  and  Ne 
braska.  The  leading  idea  and  fundamental  principle  of  the  Kansas-Nebraska 
act,  as  expressed  in  the  law  itself,  was  to  leave  the  actual  settlers  and  bona- 
iide  inhabitants  of  each  territory  "  perfectly  free  to  form  and  regulate  their 
domestic  institutions  in  their  own  way,  subject  only  to  the  constitution  of 
the  United  States. "  While  this  is  declared  to  be  "  the  true  intent  and  mean 
ing  of  the  act,"  those  who  were  opposed  to  allowing  the  people  of  the  terri 
tory,  preparatory  to  their  admission  into  the  Union  as  a  state,  to  decide  the 
slavery  question  for  themselves,  failing  to  accomplish  their  purpose  in  the  halls 
of  congress,  and  under  the  authority  of  the  constitution,  immediately  resorted, 
in  their  respective  states,  to  unusual  and  extraordinary  means  to  control  the 
political  destinies  and  shape  the  domestic  institutions  of  Kansas,  in  defiance  of 
the  wishes,  and  regardless  of  the  rights,  of  the  people  of  that  territory,  as 
guarantied  by  their  organic  law.  Combinations,  in  one  section  of  the  Union, 
to  stimulate  an  unnatural  and  false  system  of  emigration,  with  the  view  of  con 
trolling  the  elections,  and  forcing  the  domestic  institutions  of  the  territory  to 
assimilate  to  those  of  the  non-slaveholding  states,  were  followed,  as  might  have 
been  foreseen,  by  the  use  of  similar  means  in  the  slaveholding  states,  to  pro 
duce  directly  the  opposite  result.  To  these  causes,  and  to  these  alone,  in  the 
opinion  of  your  committee,  may  be  traced  the  origin  and  progress  of  all  the 
controversies  and  disturbances  with  which  Kansas  is  now  convulsed. 

If  these  unfortunate  troubles  have  resulted,  as  natural  consequences,  from 
unauthorized  and  improper  schemes  of  foreign  interference  with  the  internal 
affairs  and  domestic  concerns  of  the  territory,  it  is  apparent  that  the  remedy 
must  be  sought  in  a  strict  adherence  to  the  principles,  and  rigid  enforcement 
of  the  provisions,  of  the  organic  law.  In  this  connection,  your  committee  feel 
sincere  satisfaction  in  commending  the  messages  and  proclamation  of  the  pres 
ident  of  the  United  States,  in  which  we  have  the  gratifying  assurance  that  the 
supremacy  of  the  laws  will  be  maintained ;  that  rebellion  will  be  crushed ;  that 
insurrection  will  be  suppressed ;  that  aggressive  intrusion  for  the  purpose  of 
43 


666  MINORITY  REPORT. 

deciding  elections,  or  any  other  purpose,  will  be  repelled ;  that  unauthorized 
intermeddling  in  the  local  concerns  of  the  territory,  both  from  adjoining  and 
distant  states,  will  be  prevented  ;  that  the  federal  and  local  laws  will  be  vindi 
cated  against  all  attempts  of  organized  resistance  ;  and  that  the  people  of  the 
territory  will  be  protected  in  the  establishment  of  their  own  institutions,  undis 
turbed  by  encroachments  from  without,  and  in  the  full  enjoyment  of  the  rights 
of  self-government  assured  to  them  by  the  constitution  and  the  organic  law. 

In  view  of  these  assurances,  given  under  the  conviction  that  the  existing 
laws  confer  all  authority  necessary  to  the  performance  of  these  important  du 
ties,  and  that  the  whole  available  force  of  the  United  States  will  be  exerted  to 
the  extent  required  for  their  performance,  your  committee  repose  in  entire  con 
fidence  that  peace,  and  security,  and  law,  will  prevail  in  Kansas.  If  any  fur 
ther  evidence  were  necessary  to  prove  that  all  the  collisions  and  difficulties  in 
Kansas  were  produced  by  the  schemes  of  foreign  interference  which  have  been 
developed  in  this  report,  in  violation  of  the  principles  and  in  evasion  of  the 
provisions  of  the  Kansas-Nebraska  act,  it  maybe  found  in  the  fact  that  in  Ne 
braska,  to  which  the  emigrant-aid  societies  did  not  extend  their  operations,  and 
into  which  the  stream  of  emigration  was  permitted  to  flow  in  its  usual  and  nat 
ural  channels,  nothing  has  occurred  to  disturb  the  peace  and  harmony  of  the 
territory,  while  the  principle  of  self-government,  in  obedience  to  the  constitu 
tion,  has  had  fair  play,  and  is  quietly  working  out  its  legitimate  results. 

It  now  only  remains  for  your  committee  to  respond  to  the  two  specific  re 
commendations  of  the  president,  in  his  special  message. 

In  compliance  with  the  first  recommendation,  your  committee  ask  leave  to 
report  a  bill  authorizing  the  legislature  of  the  territory  to  provide  by  law  for 
the  election  of  delegates  by  the  people,  and  the  assembling  of  a  convention  to 
form  a  constitution  and  state  government  preparatory  to  their  admission  into 
the  Union  on  an  equal  footing  with  the  original  states,  so  soon  as  it  shall  ap 
pear,  by  a  census  to  be  taken  under  the  direction  of  the  governor,  by  the  au 
thority  of  the  legislature,  that  the  territory  contains  ninety-three  thousand  four 
hundred  and  twenty  inhabitants — that  being  the  number  required  by  the  pres 
ent  ratio  of  representation  for  a  member  of  congress. 

In  compliance  with  the  other  recommendation,  your  committee  propose  to 
offer  to  the  appropriation  bill  an  amendment  appropriating  such  sum  as  shall 
be  found  necessary,  by  the  estimates  to  be  obtained,  for  the  purpose  indicated 
in  the  recommendation  of  the  president. 

All  of  which  is  respectfully  submitted  to  the  senate  by  your  committee. 

Mr.  Collamer,  of  Vermont,  the  minority  member  of  said  committee,  sub 
mitted  the  following 

MINORITY  REPORT. 

Thirteen  of  the  present  prosperous  states  of  this  Union  passed  through  the 
period  of  apprenticeship  or  pupilage  of  territorial  training,  under  the  guard 
ianship  of  congress,  preparatory  to  assuming  their  proud  rank  of  manhood  as 
sovereign  and  independent  states.  This  period  of  their  pupilage  was,  in  every 
case,  a  period  of  the  good  offices  of  parent  and  child,  in  the  kind  relationship 


MR.  COLLAMER'S  REPORT.  667 

sustained  between  the  national  and  the  territorial  government,  and  may  be  re 
membered  with  feelings  of  gratitude  and  pride.  We  have  fallen  on  different 
times.  A  territory  of  our  government  is  now  convulsed  with  violence  and  dis 
cord,  and  the  whole  family  of  our  nation  is  in  a  state  of  excitement  and  anx 
iety.  The  national  executive  power  is  put  in  motion,  the  army  in  requisition, 
and  congress  is  invoked  for  interference. 

In  this  case,  as  in  all  others  of  difficulty,  it  becomes  necessary  to  inquire 
what  is  the  true  cause  of  existing  trouble,  in  order  to  apply  effectual  cure.  It 
is  but  temporary  palliatives  to  deal  with  the  external  and  more  obvious  mani 
festations  and  developments,  while  the  real,  procuring  cause  lies  unattended  to, 
and  unconnected,  and  unremoved. 

It  is  said  that  organized  opposition  to  law  exists  in  Kansas.  That,  if  exist 
ing,  may  probably  be  suppressed  by  the  president,  by  the  use  of  the  army ;  and 
so,  too,  may  invasions  by  armed  bodies  from  Missouri,  if  the  executive  be  sin 
cere  in  its  efforts ;  but  when  this  is  done,  while  the  cause  of  trouble  remains, 
the  results  will  continue  with  renewed  and  increased  developments  of  danger. 

Let  us,  then,  look  fairly  and  undisguisedly  at  this  subject,  in  its  true  charac 
ter  and  history.  Wherein  does  this  Kansas  territory  differ  from  all  our  other 
territories,  which  have  been  so  peacefully  and  successfully  carried  through,  and 
been  developed  into  the  manhood  of  independent  states  ?  Can  that  difference 
account  for  existing  troubles  ?  Can  that  difference,  as  a  cause  of  trouble,  be 
removed  ? 

The  first  and  great  point  of  difference  between  the  territorial  government  of 
Kansas  and  that  of  the  thirteen  territorial  governments  before  mentioned,  con 
sists  in  the  subject  of  slavery — the  undoubted  cause  of  present  trouble. 

The  action  of  congress  in  relation  to  all  those  thirteen  territories  was  con 
ducted  on  a  uniform  and  prudent  principle,  to  wit :  to  settle,  by  a  clear  pro 
vision,  the  law  in  relation  to  the  subject  of  slavery  to  be  operative  in  the  ter 
ritory,  while  it  remained  such  ;  not  leaving  it  in  any  one  of  those  cases  to  be 
a  subject  of  controversy  within  the  same,  while  in  the  plastic  gristle  of  its 
youth.  This  was  done  by  congress  in  the  exercise  of  the  same  power  which 
moulded  the  form  of  their  organic  laws,  and  appointed  their  executive  and  ju 
diciary,  and  sometimes  their  legislative  officers.  It  was  the  power  provided  in 
the  constitution,  in  these  words  :  "  Congress  shall  have  power  to  dispose  of 
and  make  all  needful  rules  and  regulations  respecting  the  territory  or  other 
property  belonging  to  the  United  States."  Settling  the  subject  of  slavery  while 
the  country  remained  a  territory,  was  no  higher  exercise  of  power  in  congress 
than  the  regulation  of  the  functions  of  the  territorial  government,  and  actually 
appointing  its  principal  functionaries.  This  practice  commenced  with  this  na 
tional  government,  and  was  continued,  with  uninterrupted  uniformity,  for  more 
than  sixty  years.  This  practical  contemporaneous  construction  of  the  consti 
tutional  power  of  this  government  is  too  clear  to  leave  room  for  doubt,  or  op 
portunity  for  skepticism.  The  peace,  prosperity,  and  success  which  attended 
this  course,  and  the  results  which  have  ensued,  in  the  formation  and  admission 
of  the  thirteen  states  therefrom,  are  most  conclusive  and  satisfactory  evidence, 


668  KANSAS  AFFAIRS. 

also,  of  the  wisdom  and  prudence  with  which  this  power  was  exercised.  De 
luded  must  be  that  people  who,  in  the  pursuit  of  plausible  theories,  become 
deaf  to  the  lessons,  and  blind  to  the  results,  of  their  own  experience. 

Let  us  next  inquire  by  what  rule  of  uniformity  congress  was  governed,  in 
the  exercise  of  this  power  of  determining  the  condition  of  each  territory  as  to 
slavery,  while  remaining  a  territory,  as  manifested  in  those  thirteen  instances. 
An  examination  of  our  history  will  show  that  this  was  not  done  from  time  to 
time  by  agitation  and  local  or  party  triumphs  in  congress.  The  rule  pursued 
was  uniform  and  clear ;  and  whoever  may  have  lost  by  it,  peace  and  prosperity 
have  been  gained.  That  rule  was  this  : 

Where  slavery  was  actually  existing  in  a  country  to  any  considerable  or  gen 
eral  extent,  it  was  (though  somewhat  modified  as  to  further  importation  in 
some  instances,  as  in  Mississippi  and  Orleans  territories)  suffered  to  remain. 
The  fact  that  it  had  been  taken  and  existed  there,  was  taken  as  an  indication 
of  its  adaptation  and  local  utility.  Where  slavery  did  not  in  fact  exist  to  any 
appreciable  extent,  the  same  was,  by  congress,  expressly  prohibited ;  so  that 
in  either  case  the  country  settled  up  without  difficulty  or  doubt  as  to  the  char 
acter  of  its  institutions  In  no  instance  was  this  difficult  and  disturbing  sub 
ject  left  to  the  people  who  had  and  who  might  settle  in  the  territory,  to  be 
there  an  everlasting  bone  of  contention,  so  long  as  the  territorial  government 
should  continue.  It  was  ever  regarded,  too,  as  a  subject  in  which  the  whole 
country  had  an  interest,  and,  therefore,  improper  for  local  legislation. 

And  though  whenever  the  people  of  a  territory  come  to  form  their  own  or 
ganic  law,  as  an  independent  state,  they  would,  either  before  or  after  their  ad 
mission  as  a  state,  form  and  mould  their  institutions,  as  a  sovereign  state,  in 
their  own  way,  yet  it  must  be  expected,  and  has  always  proved  true,  that  the 
state  has  taken  the  character  her  pupilage  has  prepared  her  for,  as  well  in  re 
spect  to  slavery  as  in  other  respects.  Hence,  six  of  the  thirteen  states  are  free 
states,  because  slavery  was  prohibited  in  them  by  congress  while  territories,  to 
wit :  Ohio,  Indiana,  Illinois,  Michigan,  Wisconsin,  and  Iowa.  Seven  of  the 
thirteen  are  slaveholding  states,  because  slavery  was  allowed  in  them  by  con 
gress  while  they  were  territories,  to  wit :  Tennessee,  Alabama,  Mississippi, 
Florida,  Louisiana,  Arkansas,  and  Missouri. 

On  the  6th  of  March,  A.  D.  1820,  was  passed  by  congress  the  act  prepara 
tory  to  the  admission  of  the  state  of  Missouri  into  the  Union.  Much  contro 
versy  and  discussion  arose  on  the  question  whether  a  prohibition  of  slavery 
within  said  state  should  be  inserted,  and  it  resulted  in  this :  that  said  state 
should  be  admitted  without  such  prohibition,  but  that  slavery  should  be  for 
ever  prohibited  in  the  rest  of  that  country  ceded  to  us  by  France  lying  north 
36°  30'  north  latitude,  and  it  was  so  done.  This  contract  is  known  as  the 
Missouri  compromise.  Under  this  arrangement  Missouri  was  admitted  as  a 
slaveholding  state,  the  same  having  been  a  slaveholding  territory.  Arkansas, 
south  of  the  line,  was  formed  into  a  territory,  and  slavery  allowed  therein,  and 
afterwards  admitted  as  a  slaveholding  state.  Iowa  was  made  a  territory,  north 
of  the  line,  and,  under  the  operation  of  the  law,  was  settled  up  without  slaves 


REPORT  OF  MR.  COLLAMER.  669 

and  admitted  as  a  free  state.  The  country  now  making  the  territories  of 
Kansas  and  Nebraska,  in  1820  was  almost  or  entirely  uninhabited,  and  lay 
north  of  said  line,  and  whatever  settlers  entered  the  same  before  1854  did  so 
under  that  law,  forever  forbidding  slavery  therein. 

In  1854  congress  passed  an  act  establishing  two  new  territories — Nebraska 
and  Kansas — in  this  region  of  country,  where  slavery  had  been  prohibited  for 
more  than  thirty  years ;  and  instead  of  leaving  said  law  against  slavery  in 
operation,  or  prohibiting  or  expressly  allowing  or  establishing  slavery,  congress 
left  the  subject  in  said  territories  to  be  discussed,  agitated  and  legislated  on, 
from  time  to  time,  and  the  elections  in  said  territories  to  be  conducted  with 
reference  to  that  subject,  from  year  to  year,  so  long  as  they  should  remain  ter 
ritories  ;  for  whatever  laws  might  be  passed  by  the  territorial  legislatures  on 
this  subject,  must  be  subject  to  change  or  repeal  by  those  of  the  succeeding 
years.  In  most  former  territorial  governments,  it  was  provided  by  law  that 
their  laws  were  subject  to  the  revision  of  congress,  so  that  they  would  be  made 
with  caution.  In  these  territories  that  was  omitted. 

The  provision  in  relation  to  slavery  in  Nebraska  and  Kansas  is  as  follows  : 
"The  eighth  section  of  the  act  preparatory  to  the  admission  of  Missouri  into 
the  Union  (which  being  inconsistent  with  the  principle  of  non-intervention  by 
congress  with  slavery  in  the  states  and  territories,  as  required  by  the  legislation 
of  1850,  commonly  called  the  compromise  measures)  is  hereby  declared  inop 
erative  and  void ;  it  being  the  true  intent  and  meaning  of  this  act  not  to  leg 
islate  slavery  into  said  territory  or  state,  nor  to  exclude  it  therefrom,  but  to 
leave  the  people  thereof  perfectly  free  to  form  and  regulate  their  domestic 
institutions  in  their  own  way,  subject  only  to  the  constitution  of  the  United 
States ;  provided,  that  nothing  herein  contained  shall  be  construed  to  revive  or 
put  in  force  any  law  or  regulation  which  may  have  existed  prior  to  the  act  of 
6th  March,  1820,  either  protecting,  establishing,  prohibiting,  or  abolishing 
slavery." 

Thus  it  was  promulgated  to  the  people  of  this  whole  country  that  here  was 
a  clear  field  for  competition — an  open  course  for  the  race  of  rivalship ;  the 
goal  of  which  was  the  ultimate  establishment  of  a  sovereign  state ;  and  the 
prize,  the  reward  of  everlasting  liberty  and  its  institutions  on  the  one  hand,  or 
the  perpetuity  of  slavery  and  its  concomitants  on  the  other.  It  is  the  obvi 
ous  duty  of  this  government,  while  this  law  continues,  to  see  this  manifesto 
faithfully,  and  honorably,  and  honestly  performed,  even  though  its  particular 
supporters  may  see  cause  of  a  result  unfavorable  to  their  hopes. 

It  is  further  to  be  observed,  that  in  the  performance  of  this  novel  experiment, 
it  was  provided  that  all  white  men  who  became  inhabitants  in  Kansas  were 
entitled  to  vote  without  regard  to  their  time  of  residence,  usually  provided  in 
other  territories.  Nor  was  this  right  of  voting  confiined  to  American  citizens, 
but  included  all  such  aliens  as  had  declared,  or  would  declare,  on  oath,  their 
intention  to  become  citizens.  Thus  was  the  proclamation  to  the  world  to 
become  inhabitants  of  Kansas,  and  enlist  in  this  great  enterprise,  by  the  force 
of  numbers,  by  vote,  to  decide  for  it  the  great  question.  Was  it  to  be  expected 


670  KANSAS  AFFAIRS. 

that  this  great  proclamation  for  the  political  tournament  would  be  listened  to 
with  indifference  and  apathy  ?  Was  it  prepared  and  presented  in  that  spirit  ? 
Did  it  relate  to  a  subject  on  which  the  people  were  cool  or  indifferent  ?  A 
large  part  of  the  people  of  this  country  look  on  domestic  slavery  as  "  only 
evil,  and  that  continually,"  alike  to  master  and  to  slave,  and  to  the  community; 
to  be  left  alone  to  the  management  or  enjoyment  of  the  people  of  the  states 
where  it  exists,  but  not  to  be  extended,  more  especially  as  it  gives,  or  may 
give,  political  supremacy  to  a  minority  of  the  people  of  this  country  in  the 
United  States  government.  On  the  other  hand,  many  of  the  people  of  another 
part  of  the  United  States  regard  slavery,  if  not  in  the  abstract  a  blessing,  at 
least  as  now  existing  a  condition  of  society  best  for  both  white  and  black,  while 
they  exist  together ;  while  others  regard  it  as  no  evil,  but  as  the  highest  state 
of  social  condition.  These  consider  that  they  cannot,  with  safety  to  their 
interests,  permit  political  ascendency  to  be  largely  in  the  hands  of  those 
unfriendly  to  this  peculiar  institution.  From  these  conflicting  views,  long  and 
violent  has  been  the  controversy,  and  experience  seems  to  show  it  interminable. 
Many,  and  probably  a  large  majority  of  this  nation,  lovers  of  quiet,  enter 
tained  the  hope  that,  after  1850,  the  so-called  compromise  measures,  even 
though  not  satisfactory  to  the  free  states,  would  be  kept  by  their  supporters, 
and  made  by  them  what  they  were  professed  to  be,  a  finality  on  the  subject  of 
the  extent  and  limitations  of  slave  territory ;  more  especially  after  the  assu 
rances  contained  in  the  inaugural  address  of  President  Pierce.  This  hope  was 
fortified  with  the  consideration  that  at  that  time  congress  had,  by  different  pro 
visions,  settled  by  law  the  condition  of  freedom  or  slavery  for  all  the  territory 
of  the  United  States.  These  hopes  have  been  disappointed,  and  from  this 
very  provision  for  repose  has  been  extracted  a  principle  for  disturbing  the 
condition  of  things  on  which  its  foundation  of  finality  rested — that  is,  the  per 
manence  and  continuance  of  the  then  existing  condition  of  legal  provisions. 
The  establishment  of  the  territorial  governments  for  Utah  and  New  Mexico, 
without  a  prohibition  of  slavery,  was  sustained  by  many  on  the  ground  that  no 
such  provision  was  required  for  its  exclusion,  as  the  condition  of  the  country 
and  its  laws  were  a  sufficient  barrier;  and  therefore  they  sustained  them, 
because  it  would  complete  the  series,  and  finish  the  provisions  as  to  slavery  in 
all  our  territory,  and  make  an  end  of  controversy  on  that  subject :  yet,  in  1854, 
it  was  insisted  by  the  friends  and  supporters  of  the  laws  of  1850,  and  it  is 
actually  asserted  in  the  law  establishing  the  territorial  government  of  Kansas, 
that  the  laws  for  new  Mexico  and  Utah,  being  of  the  compromise  measures, 
adopt  and  contain  a  principle  utterly  at  war  with  their  great  and  professed 
object  of  finality ;  and  that,  instead  of  completing  and  ending  the  provisions 
of  congressional  action  for  the  territories  as  to  slavery,  it  really  declared  a 
principle  which  unsettled  all  those  where  slavery  had  been  prohibited,  and 
rendered  it  proper,  and  only  proper,  to  declare  such  prohibitions  all  "inopera 
tive  and  void."  The  spirit  and  feeling  which  thus  perverted  those  compromise 
laws,  and  made  them  the  direct  instrument  of  renewed  disturbance,  could  not 


REPORT  OF  MR.  COLL4MER.  671 

be  expected  then  to  leave  the  result  to  the  decision  of  the  people  of  Kansas 
with  entire  inactivity  and  indifference. 

The  slaveholding  states,  in  1820,  secured  the  admission  of  Missouri  as  a 
slaveholding  state,  and  all  the  region  south  of  36°  30'  to  the  same  purpose,  by 
agreeing  and  enacting  that  all  north  of  that  line  should  be  forever  free  ;  and 
by  this  they  obtained  only  a  sufficient  number  of  votes  from  the  free  states,  as 
counted  with  theirs,  to  adopt  it.  In  1850  they  agreed  that  if  Utah  and  New 
Mexico  were  made  territories,  without  a  prohibition  of  slavery,  it  would,  with 
the  laws  already  made  for  the  rest  of  our  territory,  settle  forever  the  whole 
subject.  This  proposition,  for  such  a  termination,  also  secured  votes  from  the 
free  states,  enough,  with  their  own  from  the  slaveholding  states,  to  adopt  it. 
In  1854,  in  utter  disregard  of  these  repeated  contracts,  both  these  arrangements 
were  broken,  and  both  these  compromises  disregarded,  and  all  their  provisions 
for  freedom  declared  inoperative  and  void,  by  the  vote  of  the  slaveholding 
states,  with  a  very  few  honorable  exceptions,  and  a  minority  of  the  votes  of 
the  free  states.  After  this  extraordinary  and  inexcusable  proceeding,  it  was 
not  to  be  expected  that  the  people  of  the  slaveholding  states  would  take  no 
active  measures  to  secure  a  favorable  result  by  votes  in  the  territory  of  Kan 
sas.  Neither  could  it  be  expected  that  the  people  of  the  free  states,  who 
regarded  the  act  of  1854  as  a  double  breach  of  faith,  would  sit  down  and  make 
no  effort,  by  legal  means,  to  correct  it. 

It  has  been  said  that  the  repeal  of  this  provision  of  the  Missouri  compro 
mise,  and  breach  of  the  compromise  of  1850,  should  not  be  regarded  as  a 
measure  of  the  slaveholding  states,  because  it  was  presented  by  a  senator  from 
a  free  state. 

The  actions  or  votes  of  one  or  more  individual  men  cannot  give  character 
to,  or  be  regarded  as  fixing  a  measure  on,  their  section  or  party.  The  only 
true  or  honest  mode  of  determining  whether  any  measure  is  that  of  any  section 
or  party,  is  to  ascertain  whether  the  majority  of  that  section  or  party  voted  for 
it.  Now,  a  large  majority — indeed,  the  whole,  with  a  few  rare  exceptions — of 
the  representatives  from  the  slaveholding  states  voted  for  that  repeal.  On  the 
other  hand,  a  majority  of  the  representatives  from  the  free  states  voted 
against  it. 

This  subject  of  slavery  in  the  territories,  which  has  voilently  agitated  the 
country  for  many  years,  and  which  has  been  attempted  to  be  settled  twice  by 
compromise,  as  before  stated,  does  not  remain  settled.  The  Missouri  compro 
mise  and  the  supposed  finality  by  the  acts  of  1850,  are  scattered  and  dissolved 
by  the  votes  of  the  slaveholding  states ;  and  it  is  not  to  be  disguised  that  this 
uncalled  for  and  disturbing  measure  has  produced  a  spirit  of  resentment,  from 
a  feeling  of  its  injustice,  which,  while  the  cause  continues,  will  be  difficult  to 
allay. 

This  subject,  then,  which  congress  has  been  unable  to  settle  in  any  such  way 
as  the  slave  states  will  sustain,  is  now  turned  over  to  those  who  have  or  shall 
become  inhabitants  of  Kansas  to  arrange ;  and  all  men  are  invited  to  partici- 


672  KANSAS  AFFAIRS. 

pate  in  the  experiment,  regardless  of  their  character,  political  or  religious 
views,  or  place  of  nativity. 

Now,  what  is  the  right  and  the  duty  of  the  people  of  this  country  in  rela 
tion  to  this  matter  ?  Is  it  not  the  right  of  all  who  believe  in  the  blessings  of 
slaveholding,  and  regard  it  as  the  best  condition  of  society,  either  to  go  to 
Kansas  as  inhabitants,  and  by  their  votes  to  help  settle  this  good  condition  of 
that  territory ;  or  if  they  cannot  so  go  and  settle,  is  it  not  their  duty,  by  all 
lawful  means  in  their  power,  to  promote  this  object  by  inducing  others  like- 
minded  to  go  ?  This  right  becomes  a  duty  to  all  who  follow  their  convictions. 
All  who  regard  an  establishment  of  slavery  in  Kansas  as  best  for  that  territory, 
or  as  necessary  to  their  own  safety  by  the  political  weight  it  gives  in  the 
national  government,  should  use  all  lawful  means  to  secure  that  result ;  and 
clearly,  the  inducing  men  to  go  there  to  become  permanent  inhabitants  and 
voters,  and  to  vote  as  often  as  the  elections  occur  in  favor  of  the  establish 
ment  of  slavery,  arid  thus  control  the  elections,  and  preserve  it  a  slave  state 
forever,  is  neither  unlawful  nor  censurable.  It  is,  and  would  be  highly  praise 
worthy  and  commendable,  because  it  is  using  lawful  means  to  carry  forward 
honest  convictions  of  public  good.  All  lawfully-associated  effort  to  that  end 
is  equally  commendable.  Nor  will  the  application  of  opprobrious  epithets, 
and  calling  it  propagandism,  change  its  moral  or  legal  character,  from  what 
ever  quarter  or  source,  official  or  otherwise,  such  epithets  may  come.  Neither 
should  they  deter  any  man  from  peaceably  performing  his  duty  by  following 
his  honest  convictions. 

On  the  other  hand,  all  those  who  have  seen  and  realized  the  blessings  of 
universal  liberty,  and  believe  that  it  can  only  be  secured  and  promoted  by  the 
prohibition  of  domestic  slavery,  and  that  the  elevation  of  honest  industry  can 
never  succeed  where  servitude  makes  labor  degrading,  should,  as  in  duty  bound 
put  forth  all  reasonable  exertions  to  advance  this  great  object,  by  lawful  means, 
whenever  permitted  by  the  laws  of  their  country.  When,  therefore,  Kansas 
was  presented,  by  law,  as  an  open  field  for  this  experiment,  and  all  were  invi 
ted  to  enter,  it  became  the  right  and  duty  of  all  such  as  desired,  to  go  there 
as  inhabitants  for  the  purpose,  by  their  numbers  and  by  their  votes  lawfully 
cast,  from  time  to  time,  to  carry  or  control,  in  a  legal  way,  the  elections  there 
for  this  object.  This  could  only  be  lawfully  effected  by  permanent  residence, 
and  continued  and  repeated  effort,  during  the  continuance  of  the  territorial 
government,  and  permanently  remaining  there  to  form  and  preserve  a  free  state 
constitution.  All  those  who  entertained  the  same  sentiments,  but  were  not 
disposed  themselves  to  go,  had  the  right  and  duty  to  use  all  lawful  means  to 
encourage  and  promote  the  object.  If  the  purpose  could  be  best  effected  by 
united  efforts,  by  voluntary  associations  or  corporations,  or  by  state  assistance, 
as  proposed  in  some  southern  states,  it  was  all  equally  lawful  and  laudable. 
This  was  not  the  officious  intermeddling  with  the  internal  affairs  of  another 
nation,  or  state,  or  the  territory  of  another  people.  The  territory  is  the  prop 
erty  of  the  nation,  and  is,  professedly,  open  to  the  settlement  and  the  institu 
tions  of  every  part  of  the  United  States.  If  lawful  means,  so  extensive  as  to 


REPORT  OF  MR.  COLLAMER. 

be  effectual,  were  used  to  people  it  with  a  majority  of  inhabitants  opposed  to 
slavery,  is  now  considered  as  a  violation  of,  or  an  opposition  to  the  law  estab 
lishing  the  territory,  then  the  declarations  and  provisions  of  that  law  were  but 
&  premeditated  delusion,  which  not  only  allowed  such  measures,  but  actually 
invited  them,  by  enacting  that  the  largest  number  of  the  settlers  should  deter 
mine  the  condition  of  the  country ;  thus  inviting  efforts  for  numbers.  Such 
an  invitation  must  have  been  expected  to  produce  such  efforts  on  both  sides. 

It  now  becomes  necessary  to  inquire  what  has  in  fact  taken  place.  If  vio 
lence  has  taken  place  as  the  natural,  and  perhaps  unavoidable,  consequences 
of  the  nature  of  the  experiment,  bringing  into  dangerous  contact  and  collision 
inflammable  elements,  it  was  the  vice  of  a  mistaken  law,  and  immediate  meas 
ures  should  be  taken  by  congress  to  correct  such  law.  If  force  and  violence 
have  been  substituted  for  peaceful  measures  there,  legal  provisions  should  be 
made  and  executed  to  correct  all  the  wrong  such  violence  has  produced,  and 
to  prevent  their  recurrence,  and  thus  secure  a  fair  fulfillment  of  the  experiment 
by  peaceful  means,  as  originally  professed  and  presented  in  the  law. 

A  succient  statement  of  the  origin  and  progress  of  the  material  events  in 
Kansas  is  this  :  After  the  passage  of  this  law,  establishing  the  territory  of 
Kansas,  a  large  body  of  settlers  rapidly  entered  into  said  territory  with  a  view 
to  permanent  inhabitancy  therein.  Most  of  these  were  from  the  free  states  of 
the  west  and  north,  who  probably  intended  by  their  votes  and  influence  to  estab 
lish  there  a  free  state,  agreeable  to  the  law  which  invited  them.  Some  part  of 
those  from  the  northern  states  had  been  encouraged  and  aided  in  this  enter 
prise  by  the  Emigrant  Aid  Society  formed  in  Massachusetts,  which  put  forth 
some  exertions  in  this  laudable  object,  by  open  and  public  measures,  in  provid 
ing  facilities  for  transportation  to  all  peaceable  citizens  who  desired  to  become 
permanent  settlers  in  said  territory,  and  providing  therein  hotels,  mills,  etc., 
for  the  public  accomodation  of  that  new  country. 

The  governor  of  Kansas,  having,  in  pursuance  of  law,  divided  the  territory 
into  districts,  and  procured  a  census  thereof,  issued  his  proclamation  for  the 
election  of  a  legislative  assembly  therein,  to  take  place  on  the  30th  day  of 
March,  1855,  and  directed  how  the  same  should  be  conducted,  and  the  returns 
made  to  him  agreeable  to  the  law  establishing  said  territory.  On  the  day  of 
election,  large  bodies  of  armed  men  from  the  state  of  Missouri  appeared  at 
the  polls  in  most  of  the  districts,  and  by  most  violent  and  tumultuous  carriage 
and  demeanor  overawed  the  defenseless  inhabitants,  and  by  their  own  votes 
elected  a  large  majority  of  the  members  of  both  houses  of  said  assembly.  On 
the  returns  of  said  election  being  made  to  the  governor,  protests  and  objections 
were  made  to  him  in  relation  to  a  part  of  said  districts  ;  and,  as  to  them,  he 
set  aside  such,  and  such  only,  as  by  the  returns  appeared  to  be  bad.  In  rela 
tion  to  others,  covering,  in  all,  a  majority  of  the  two  houses,  equally  vicious  in 
fact,  but  apparently  good  by  formal  returns,  the  inhabitants  thereof,  borne 
down  by  said  violence  and  intimidation,  scattered  and  discouraged,  and  labor 
ing  under  apprehensions  of  personal  violence,  refrained  and  desisted  from  pre 
senting  any  protest  to  the  governor  in  relation  thereto ;  and  he,  then  uninform- 


674  KANSAS   AFFAIRS. 

ed  in  relation  thereto,  issued  certificates  to  the  members  who  appeared  by  said 
formal  returns  to  have  been  elected. 

In  relation  to  those  districts  which  the  governor  so  set  aside,  orders  were 
by  him  issued  for  new  elections  In  one  of  these  districts  the  same  proceedings 
were  repeated  by  men  from  Missouri,  and  in  others  not,  and  certificates  were 
issued  to  the  persons  elected. 

This  legislative  assembly,  so  elected,  assembled  at  Pawnee,  on  the  second 
day  of  July,  1855,  that  being  the  time  and  place  for  holding  said  meeting,  as 
fixed  by  the  governor,  by  authority  of  law.  On  assembling,  the  said  houses 
proceeded  to  set  aside  and  reject  those  members  so  elected  on  said  second  elec 
tion,  except  in  the  district  where  the  men  from  Missouri  had,  at  said  election, 
chosen  the  same  persons  they  had  elected  at  the  said  first  election,  and  they 
admitted  all  of  the  said  first  elected  members. 

A  legislative  assembly,  so  created  by  military  force,  by  a  foreign  invasion, 
in  violation  of  the  organic  law,  was  but  a  usurpation.  No  act  of  its  own,  no 
act  or  neglect  of  the  governor,  could  legalize  or  sanctify  it.  Its  own  decisions 
as  to  its  own  legality  are  like  its  laws,  but  the  fruits  of  its  own  usurpation, 
which  no  governor  could  legitimate. 

They  passed  an  act  altering  the  place  of  the  temporary  seat  of  govern 
ment  to  the  Shawnee  Mission,  on  the  border  of,  and  in  near  proximity  to  Mis 
souri.  This  act  the  governor  regarded  as  a  violation  of  the  organic  law  estab 
lishing  the  territory,  which  fixed  the  temporary  seat  of  government,  and  pro 
hibited  the  legislative  assembly  from  doing  anything  inconsistent  with  said  act. 
He,  therefore,  and  for  that  cause,  vetoed  said  bill ;  but  said  assembly  repassed 
the  same  by  a  two-thirds  majority,  notwithstanding  said  veto,  and  removed  to 
said  Shawnee  Mission.  They  then  proceeded  to  pass  laws,  and  the  governor, 
in  writing,  declined  further  to  recognize  them  as  a  legitimate  assembly,  sit 
ting  at  that  place.  They  continued  passing  laws  there  from  the  16th  day  of 
July  to  the  31st  day  of  August,  1855. 

On  the  15th  day  of  August,  the  governor  of  said  territory  was  dismissed 
from  office,  and  the  duties  devolved  upon  the  secretary  of  the  territory  ;  and, 
how  many  of  the  laws  passed  with  his  official  approbation  does  not  appear,  the 
laws  as  now  presented  being  without  date  or  authentication. 

As  by  the  law  of  congress  organizing  said  territory  it  was  expressly  pro 
vided  that  the  people  of  the  territory  were  to  be  "  left  perfectly  free  to  form 
and  regulate  their  domestic  institutions  in  their  own  way,"  and  among  these 
institutions  slavery  is  included,  it  was,  of  course,  implied  that  that  sub 
ject  was  to  be  open  and  free  to  public  and  private  discussion  in  all  its  bearings, 
rights,  and  relationships.  Among  these  must,  of  course,  be  the  question, 
what  was  the  state  of  the  existing  laws,  and  the  modifications  that  might  be 
required  on  that  subject?  The  law  had  declared  that  its  "  true  intent  and 
meaning  was  not  to  legislate  slavery  into  the  territory,  or  exclude  it  there 
from."  This  would,  of  course,  leave  to  that  people  the  inquiry,  what,  then, 
are  the  existing  rights  under  the  constitution?  Can  slaves  be  holdeu  in  the 
absence  of  any  law  on  the  subject?  This  question,  about  which  so  much  differ- 


REPORT  OF  MR.  COLLAMER.  675 

ence  of  opinion  exists,  and  which  congress  and  the  courts  have  never  settled, 
was  thus  turned  over  to  the  people  there,  to  discuss  and  settle  for  themselves. 
This  territorial  legislature,  so  created  by  force  from  Missouri,  utterly  re 
fused  to  permit  discussion  on  the  subject ;  but,  assuming  that  slavery  already 
existed  there,  and  that  neither  congress  nor  the  people  in  the  territory,  under 
the  authority  of  congress,  had  or  could  prohibit  it,  passed  a  law  which,  if  en 
forced,  utterly  prohibits  all  discussion  of  the  question.  The  eleventh  and 
twelfth  sections  of  that  act  are  as  follows  : 

"  SEC.  11.  If  any  person  print,  write,  introduce  into,  publish  or  circulate,  or  cause  to 
be  brought  into,  printed,  written,  published  or  circulated,  or  shall  knowingly  aid  or  as 
sist  in  bringing  into,  printing,  publishing  or  circulating  within  this  territory,  any  book, 
paper,  pamphlet,  magazine,  hand-bill  or  circular,  containing  any  statements,  arguments, 
opinions,  sentiments,  doctrines,  advice  or  inuendo,  calculated  to  promote  a  disorderly, 
dangerous  or  rebellious  disaffection  among  the  slaves  in  this  territory,  or  to  induce  such 
slaves  to  escape  from  the  service  of  their  masters  or  to  resist  their  authority,  he  shall  be 
guilty  of  a  felony,  and  be  punished  by  imprisonment  and  hard  labor  for  a  term  not  less 
than  five  years. 

"SEC.  12.  If  any  free  person,  by  speaking  or  by  writing,  assert  or  maintain  that  per 
sons  have  not  the  right  to  hold  slaves  in  this  territory,  or  shall  introduce  into  this  terri 
tory,  print,  publish,  write,  circulate,  or  cause  to  be  introduced  into  this  territory,  writ 
ten,  printed,  published  or  circulated  in  this  territory,  any  book,  paper,  magazine,  pamph 
let  or  circular,  containing  any  denial  of  the  right  of  persons  to  hold  slaves  in  this  terri 
tory,  such  person  shall  be  deemed  guilty  of  felony,  and  punished  by  imprisonment  at 
hard  labor  for  a  term  of  not  less  than  two  years." 

And  further  providing,  that  no  person  "  conscientiously  opposed  to  holding 
slaves  "  shall  sit  as  a  juror  in  the  trial  of  any  cause  founded  on  a  breach  of 
the  foregoing  law.  They  further  provided,  that  all  officers  and  attorneys 
should  be  sworn  not  only  to  support  the  constitution  of  the  United  States,  but 
also  to  support  and  sustain  the  organic  law  of  the  territory,  and  the  fugitive 
slave  laws  ;  and  that  any  person  offering  to  vote  shall  be  presumed  to  be  enti 
tled  to  vote  until  the  contrary  is  shown,  and  if  any  one,  when  required,  shall 
refuse  to  take  oath  to  sustain  the  fugitive-slave  laws,  he  shall  not  be  permitted 
to  vote.  Although  they  passed  a  law  that  none  but  an  inhabitant,  who  had 
paid  a  tax,  should  vote,  yet  they  required  no  time  of  residence  necessary,  and 
provided  for  the  immediate  payment  of  a  poll-tax ;  so  providing,  in  effect,  that 
on  the  eve  of  an  election  the  people  of  a  neighboring  state  could  come  in,  in 
unlimited  numbers,  and,  by  taking  up  a  residence  of  a  day  or  an  hour,  pay  a 
poll-tax,  and  thus  become  legal  voters,  and  then,  after  voting,  return  to  their 
own  state.  They  thus,  in  practical  effect,  provided  for  the  people  of  Missouri 
to  control  elections  at  their  pleasure,  and  permitted  such  only  of  the  real  in 
habitants  of  the  territory  to  vote  as  are  friendly  to  the  holding  of  slaves. 

They  permitted  no  election  of  any  of  the  officers  in  the  territory  to  be 
made  by  the  people  thereof,  but  created  the  offices  and  filled  them,  or  appoint 
ed  officers  to  fill  them  for  long  periods,  and  provided  that  the  next  annual  elec 
tion  should  be  holden  in  October,  1856,  and  the  assembly  to  meet  in  Jauuary, 
1857  ;  so  that  none  of  these  laws  could  be  changed,  until  the  lower  house 


676  KANSAS   AFFAIRS. 

might  be  changed,  in  1856  ;  but  the  council,  which  is  elected  for  two  years, 
could  not  be  changed  so  as  to  allow  a  change  of  the  laws  or  officers  until  the 
session  of  1858,  however  much  the  inhabitants  of  the  territory  might  desire  it. 

These  laws,  made  by  an  assembly  created  by  a  foreign  force,  are  but  a 
manifestation  of  the  spirit  of  oppression  which  was  the  parent  of  the  whole 
transaction.  No  excuse  can  be  found  for  it  in  the  pretense  that  the  inhabitants 
had  carried  with  them  into  said  territory  a  quantity  of  Sharp's  rifles — first,  be 
cause  that,  if  true,  formed  no  excuse ;  secondly,  it  is  untrue,  as  their  Sharp's 
rifles  were  only  obtained  afterwards,  and  entirely  for  the  purpose  of  self-de 
fense,  the  necessity  for  which,  this  invasion  and  other  acts  of  violence  and 
threats  clearly  demonstrated.  These  laws  were  obviously  made  to  oppress  and 
drive  out  all  who  were  inclined  to  the  exclusion  of  slavery  ;  and  if  they  re 
mained,  to  silence  them  on  this  subject,  and  subject  them  to  the  will  and  control 
of  the  people  of  Missouri.  These  are  the  laws  which  the  president  says  must 
be  enforced  by  the  army  and  the  whole  power  of  the  nation.  The  people  of 
Kansas,  thus  invaded,  subdued,  oppressed,  and  insulted,  seeing  their  territorial 
government  (such  only  in  form)  perverted  into  an  engine  to  crush  them  in  tho 
dust,  and  to  defeat  and  destroy  the  professed  object  of  their  organic  law,  by 
depriving  them  of  the  " perfect  freedom"  therein  provided,  and  finding  no 
ground  to  hope  for  rights  in  that  organization,  they  proceeded,  under  the  guar 
anty  of  the  United  States  constitution,  "  peaceably  to  assemble  to  petition  the 
government  for  the  redress  of  (their)  grievances."  They  saw  no  earthly 
source  of  relief  but  in  the  formation  of  a  state  government  by  the  people,  and 
the  acceptance  and  ratification  thereof  by  congress. 

In  this  view  of  the  subject,  in  the  first  part  of  August,  1855,  a  call  was 
published  in  the  public  papers  for  a  meeting  of  the  citizens  of  Kansas,  irre 
spective  of  party,  to  meet  at  Lawrence,  in  said  territory,  on  the  15th  of  said 
August,  to  take  into  consideration  the  propriety  of  calling  a  convention  of  the 
people  of  the  whole  territory,  to  consider  that  subject.  That  meeting  was 
held  on  the  15th  day  of  August  last,  and  it  proceeded  to  call  such  convention 
of  delegates  to  be  elected  and  to  assemble  at  Topeka,  in  said  territory,  on  the 
19th  day  of  September,  1855,  not  to  form  a  constitution,  but  to  consider  the 
propriety  of  calling,  formally,  a  convention  for  that  purpose. 

The  meeting  was  duly  held,  and  resulted  in  the  call  for  a  constitutional  con 
vention. 

Delegates  were  elected  agreeably  to  a  proclamation  issued,  and  they  met  at 
Topeka  on  the  fourth  Tuesday  in  October,.  1855,  and  formed  a  constitution, 
which  was  submitted  to  the  people,  and  was  ratified  by  them  by  vote  in  the 
districts.  An  election  of  state  officers  and  members  of  the  state  legislature 
has  been  had,  and  a  representative  to  congress  elected,  and  it  is  intended  to 
proceed  to  the  election  of  senators,  with  the  view  to  present  the  same,  with  the 
constitution,  to  congress  for  admission  into  the  Union. 

It  now  becomes  proper  to  inquire  what  should  be  done  by  congress ;  for  we 
are  informed  by  the  president,  in  substance,  that  he  has  no  power  to  correct  a 
usurpation,  and  that  the  laws,  even  though  made  by  usurped  authority,  must 


REPORT  OF  INVESTIGATING  COMMITTEE. 

be  by  him  enforced  and  executed,  even  with  military  force.  The  measures  of 
redress  should  be  applied  to  the  true  cause  of  the  difficulty.  This  obviously 
lies  in  the  repeal  of  the  clause  for  freedom  in  the  act  of  1820,  and  therefore 
the  true  remedy  lies  in  the  entire  repeal  of  the  act  of  1854,  which  effected  it. 
Let  this  be  done  with  frankness  and  magnanimity,  and  Kansas  be  organized 
anew,  as  a  free  territory,  and  all  will  be  put  right. 

Treating  this  grievance  in  Kansas  with  ingenious  excuses,  with  neglect  or 
contempt,  or  riding  over  the  oppressed  with  an  army,  and  dragooning  them 
into  submission,  will  make  no  satisfactory  termination.  Party  success  may  at 
times  be  temporarily  secured  by  adroit  devices,  plausible  pretenses,  and  parti 
san  address  ;  but  the  permanent  preservation  of  this  Union  can  be  maintained 
only  by  frankness  and  integrity.  Justice  may  be  denied  where  it  ought  to  be 
granted ;  power  may  perpetuate  that  vassalage  which  violence  and  usurpation 
have  produced ;  the  subjugation  of  white  freemen  may  be  necessary,  that  Af 
rican  slavery  may  succeed ;  but  such  a  course  must  not  be  expected  to  produce 
peace  and  satisfaction  in  our  country,  so  long  as  the  people  retain  any  proper 
sentiment  of  justice,  liberty,  and  law. 

On  the  19th  of  March,  the  house  of  representatives  passed  a  resolution  pro 
viding  for  a  committee  of  three  members  of  the  house,  to  be  sent  to  Kansas, 
to  inquire  into  and  collect  evidence  in  regard  to  the  troubles  in  that  territory, 
and  to  report  the  same  to  the  house.  William  A.  Howard,  of  Michigan,  John 
Sherman,  of  Ohio,  and  Mordecai  Oliver,  of  Missouri,  were  appointed  the  com 
mittee  of  investigation.  These  gentlemen  proceeded  to  Kansas  and  spent  sev 
eral  weeks  in  taking  testimony,  which,  when  printed,  formed  a  volume  of  twelve 
hundred  pages.  Our  limits  confine  us  to  such  extracts  from  the  report  as  will  fur 
nish  a  brief  history  of  the  events  in  the  territory  subsequent  to  its  organization. 

EXTRACTS  FROM  REPORT  OP  INVESTIGATING   COMMITTEE. 

Your  committee  deem  it  their  duty  to  state,  as  briefly  as  possible,  the  prin 
cipal  facts  proven  before  them.  When  the  act  to  organize  the  territory  of 
Kansas  was  passed  on day  of  May,  1854,  the  greater  portion  of  its  east 
ern  border  was  included  in  Indian  reservations  not  open  for  settlement,  and 
there  were  but  few  white  settlers  in  any  portion  of  the  territory.  Its  Indian 
population  was  rapidly  decreasing,  while  many  emigrants  from  different  parts 
of  our  country  were  anxiously  waiting  the  extinction  of  the  Indian  title,  and 
the  establishment  of  a  territorial  government,  to  seek  new  homes  in  its  fertile 
prairies.  It  cannot  be  doubted  that  if  its  condition  as  a  free  territory  had  been 
left  undisturbed  by  congress,  its  settlement  would  have  been  rapid,  peaceful, 
and  prosperous.  Its  climate,  soil,  and  its  easy  access  to  the  older  settlements 
would  have  made  it  the  favored  course  for  the  tide  of  emigration  constantly 
flowing  to  the  West,  and  by  this  time  it  would  have  been  admitted  into  the 
Union  as  a  free  state,  without  the  least  sectional  excitement.  If  so  organized, 
none  but  the  kindest  feelings  could  have  existed  between  it  and  the  adjoining 
state.  Their  mutual  interests  and  intercourse,  instead  of,  as  now,  endangering 
the  harmony  of  the  Union,  would  have  strengthened  the  ties  of  national  broth- 


678  KANSAS  AFFAIRS. 

erhood.  The  testimony  clearly  shows,  that  before  the  proposition  to  repeal 
the  Missouri  compromise  was  introduced  into  congress,  the  people  of  western 
Missouri  appeared  indifferent  to  the  prohibition  of  slavery  in  the  territory,  and 
neither  asked  nor  desired  its  repeal. 

When,  however,  the  prohibition  was  removed  by  the  action  of  congress,  the 
aspect  of  affairs  entirely  changed.  The  whole  country  was  agitated  by  the 
reopening  of  a  controversy  which  conservative  men  in  different  sections  hoped 
had  been  settled,  in  every  state  and  territory,  by  some  law  beyond  the  danger 
of  repeal.  The  excitement  which  has  always  accompanied  the  discussion  of 
the  slavery  question  was  greatly  increased  by  the  hope  on  the  one  hand  of  ex 
tending  slavery  into  a  region  from  which  it  had  been  excluded  by  law,  and  on 
the  other  by  a  sense  of  wrong  done  by  what  was  regarded  as  a  dishonor  of  a 
national  compact.  This  excitement  was  naturally  transferred  into  the  border 
counties  of  Missouri  and  the  territory,  as  settlers  favoring  free  or  slave  insti 
tutions  moved  into  it.  A  new  difficulty  soon  occurred.  Different  construc 
tions  were  put  upon  the  organic  law.  It  was  contended  by  the  one  party  that 
the  right  to  hold  slaves  in  the  territory  existed,  and  that  neither  the  people  nor 
the  territorial  legislature  could  prohibit  slavery — that  the  power  was  alone 
possessed  by  the  people  when  they  were  authorized  to  form  a  state  government. 
It  was  contended  that  the  removal  of  the  restriction  virtually  established  slav 
ery  in  the  territory.  This  claim  was  urged  by  many  prominent  men  in  western 
Missouri,  who  actively  engaged  in  the  affairs  of  the  territory.  Every  move 
ment,  of  whatever  character,  which  tended  to  establish  free  institutions,  was 
regarded  as  an  interference  with  their  rights. 

Within  a  few  days  after  the  organic  law  passed,  and  as  soon  as  its  passage 
could  be  known  on  the  border,  leading  citizens  of  Missouri  crossed  into  the  ter 
ritory,  held  squatter  meetings,  and  then  returned  to  their  homes.  Among  their 
resolutions  are  the  following : 

, :.,« I    -,^    BKH  * j  '•-!  • 

"  That  we  will  afford  protection  to  no  abolitionist  as  a  settler  of  this  territory." 
"  That  we  recognize  the  institution  of  slavery  as  already  existing  in  this  territory,  and 
advise  slaveholders  to  introduce  their  property  as  early  as  possible." 

Similar  resolutions  were  passed  in  various  parts  of  the  territory,  and  by 
meetings  in  several  counties  of  Missouri.  Thus  the  first  effect  of  the  repeal  of 
the  restriction  against  slavery  was  to  substitute  the  resolves  of  squatter  meet 
ings,  composed  almost  exclusively  of  citizens  of  a  single  state,  for  the  delib 
erate  action  of  congress,  acquiesced  in  for  thirty-five  years. 

This  unlawful  interference  has  been  continued  in  every  important  event  in 
the  history  of  the  territory ;  every  election  has  been  controlled  not  by  the  ac 
tual  settlers,  but  by  citizens  of  Missouri,  and  as  a  consequence  every  officer  in 
the  territory,  from  constables  to  legislators,  except  those  appointed  by  the  pres 
ident,  owe  their  positions  to  non-resident  voters.  None  have  been  elected  by 
the  settlers,  and  your  committee  have  been  unable  to  find  that  any  political 
power  whatever,  however  unimportant,  has  been  exercised  by  the  people  of  the 
territory. 


REPORT  OF  INVESTIGATING  COMMITTEE.  679 

In  October,  A.  D.  1854,  Gov.  A.  H.  Reeder  and  the  other  officers  appoint 
ed  by  the  president,  arrived  in  the  territory.  Settlers  from  all  parts  of  the 
country  were  moving  in  in  great  numbers,  making  their  claims  and  building  their 
cabins.  About  the  same  time,  and  before  any  election  was  or  could  be  held 
in  the  territory,  a  secret  political  society  was  formed  in  the  state  of  Missouri. 
It  was  known  by  different  names,  such  as  "  Social  Band,"  "  Friends'  Society," 
"Blue  Lodge,"  "  The  Sons  of  the  South."  Its  members  were  bound  together 
by  secret  oaths,  and  they  had  passwords,  signs,  and  grips,  by  which  they  were 
known  to  each  other.  Penalties  were  imposed  for  violating  the  rules  and  se 
crets  of  the  order.  Written  minutes  were  kept  of  the  proceedings  of  the 
lodges,  and  the  different  lodges  were  connected  together  by  an  effective  organi 
zation.  It  embraced  great  numbers  of  the  citizens  of  Missouri,  and  was  ex 
tended  into  other  slave  states  and  into  the  territory.  Its  avowed  purpose  was 
not  only  to  extend  slavery  into  Kansas,  but  also  into  other  territory  of  the 
United  States,  and  to  form  a  union  of  all  the  friends  of  that  institution.  Its 
plan  of  operating  was  to  organize  and  send  men  to  vote  at  the  elections  in  the 
territory,  to  collect  money  to  pay  their  expenses,  and,  if  necessary,  to  protect 
them  in  voting.  It  also  proposed  to  induce  pro-slavery  men  to  emigrate  into 
the  territory,  to  aid  and  sustain  them  while  there,  and  to  elect  none  to  office 
but  those  friendly  to  their  views.  This  dangerous  society  was  controlled  by 
men  who  avowed  their  purpose  to  extend  slavery  into  the  territory  at  all  haz 
ards,  and  was  altogether  the  most  effective  instrument  in  organizing  the  subse 
quent  armed  invasions  and  forays.  In  its  lodges  in  Missouri  the  affairs  of 
Kansas  were  discussed,  the  force  necessary  to  control  the  election  was  divided 
into  bands,  and  leaders  selected,  means  were  collected,  and  signs  and  badges 
were  agreed  upon. 

The  first  election  was  for  a  delegate  to  congress.  It  was  appointed  for  the 
29th  of  November,  1854.  The  governor  divided  the  territory  into  seventeen 
election  districts ;  appointed  judges  and  prescribed  proper  rules  for  the  elec 
tion.  In  the  1st,  Hid,  VIHth,  IXth,  Xth,  XHth,  XIHth,  and  XVIIth  dis 
tricts,  there  appears  to  have  been  but  little  if  any  fraudulent  voting. 

The  election  in  the  Hd  district  was  held  at  the  village  of  Douglas,  nearly 
fifty  miles  from  the  Missouri  line.  On  the  day  before  the  election,  large  com 
panies  of  men  came  into  the  district  in  wagons  and  on  horseback,  and  declared 
that  they  were  from  the  state  of  Missouri,  and  were  going  to  Douglas  to  vote. 
On  the  morning  of  the  election  they  gathered  around  the  house  where  the  elec 
tion  was  to  be  held.  Two  of  the  judges  appointed  by  the  governor  did  not 
appear,  and  other  judges  were  elected  by  the  crowd.  All  then  voted.  In  or 
der  to  make  a  pretense  of  right  to  vote,  some  persons  of  the  company  kept  a 
pretended  register  of  squatter  claims,  on  which  any  one  could  enter  his  name 
and  then  assert  he  had  a  claim  in  the  territory.  A  citizen  of  the  district  who 
was  himself  a  candidate  for  delegate  to  congress,  was  told  by  one  of  the  stran 
gers  that  he  would  be  abused  and  probably  killed  if  he  challenged  a  vote.  He 
was  seized  by  the  collar,  called  a  d — d  abolitionist,  and  was  compelled  to  seek 
protection  in  the  room  with  the  judges.  About  the  time  the  polls  were  closed, 


680  KANSAS  AFFAIRS. 

these  strangers  mounted  their  horses  and  got  into  their  wagons  and  cried  out — 
"  All  aboard  for  Westport  and  Kansas  City."  A  number  were  recognized  as 
residents  of  Missouri,  and  among  them  was  Samuel  H.  Woodsou,  a  leading 
lawyer  of  Independence.  Of  those  whose  names  are  on  the  poll-books,  35 
were  resident  settlers  and  226  were  non-residents. 

The  election  in  the  lYth  district  was  held  at  Dr.  Chapman's,  over  40  miles 
from  the  Missouri  state  line.  It  was  a  thinly-settled  region,  containing  but  4T 
votes  in  February,  1855,  when  the  census  was  taken.  On  the  day  before  the 
election,  from  100  to  150  citizens  of  Cass  and  Jackson  counties,  Mo.,  came  into 
the  district,  declaring  their  purpose  to  vote,  and  that  they  were  bound  to  make 
Kansas  a  slave  state,  if  they  did  it  at  the  point  of  the  sword.  Persons  of  the 
party  on  the  way  drove  each  a  stake  in  the  ground  and  called  it  a  claim — and 
in  one  case  several  names  were  put  on  one  stake.  The  party  of  strangers 
camped  all  night  near  where  the  election  was  to  be  held,  and  in  the  morning 
were  at  the  election-polls  and  voted.  One  of  their  party  got  drunk,  and  to 
get  rid  of  Dr.  Chapman,  a  judge  of  the  election,  they  sent  for  him  to  come 
and  see  a  sick  man,  and  in  his  absence  filled  his  place  with  another  judge,  who 
was  not  sworn.  They  did  not  deny  or  conceal  that  they  were  residents  of 
Missouri,  and  many  of  them  were  recognized  as  such  by  others.  They  declared 
that  they  were  bound  to  make  Kansas  a  slave  state.  They  insisted  upon  their 
right  to  vote  in  the  territory  if  they  were  in  it  one  hour.  After  the  election, 
they  again  returned  to  their  homes  in  Missouri,  camping  over  night  on  the 
way. 

We  find  upon  the  poll-books  161  names ;  of  these  not  over  30  resided  in  the 
territory;  131  were  non-residents. 

But  few  settlers  attended  the  election  in  the  Vth  district,  the  district  being 
large  and  the  settlement  scattered.  82  votes  were  cast ;  of  these  between  20 
and  30  were  settlers,  and  the  residue  were  citizens  of  Missouri.  They  passed 
into  the  territory  by  way  of  the  Santa  Fe  road  and  by  the  residence  of  Dr. 
Westfall,  who  then  lived  on  the  western  line  of  Missouri.  Some  little  excite 
ment  arose  at  the  polls  as  to  the  legality  of  their  voting,  but  they  did  vote  for 
General  Whitfield,  and  said  they  intended  to  make  Kansas  a  slave  state — and 
that  they  had  claims  in  the  territoiy.  Judge  Teazle,  judge  of  the  court  in 
Jackson  county,  Missouri,  was  present,  but  did  not  vote.  He  said  he  did  not 
intend  to  vote,  but  came  to  see  that  others  voted  After  the  election,  the 
Missourians  returned  the  way  they  came. 

The  election  in  the  Vlth  district  was  held  at  Fort  Scott,  in  the  southeast 
part  of  the  territory  and  near  the  Missouri  line.  A  party  of  about  one  hun 
dred  men,  from  Cass  and  the  counties  in  Missouri  south  of  it,  went  into  the 
territory,  traveling  about  45  miles,  most  of  them  with  their  wagons  and  tents, 
and  camping  out.  They  appeared  at  the  place  of  election.  Some  attempts 
were  made  to  swear  them,  but  two  of  the  judges  were  prevailed  upon  not  to 
do  so,  and  none  were  sworn,  and  as  many  as  chose  voted.  There  were  but 
few  resident  voters  at  the  polls.  The  settlement  was  sparse — about  25  actual 
settlers  voted  out  of  105  votes  cast,  leaving  80  illegal  votes.  After  the  voting 


REPORT  OF  INVESTIGATING  COMMITTEE.  681 

was  over  the  Missourians  went  to  their  wagons  and  commenced  leaving  for  home. 
The  most  shameless  fraud  practiced  upon  the  rights  of  the  settlers  at  this 
election  was  in  the  Tilth  district.  It  is  a  remote  settlement,  about  75  miles 
from  the  Missouri  line,  and  contained  in  February,  A.  D.  1855,  three  months 
afterwards,  when  the  census  was  taken,  about  53  voters ;  and  yet  the  poll- 
books  show  that  604  votes  were  cast.  The  election  was  held  at  the  house  of 
Frey  McGee,  at  a  place  called  "110."  But  few  of  the  actual  settlers  were 
present  at  the  polls.  A  witness  who  formerly  resided  in  Jackson  county,  Mis 
souri,  and  was  well  acquainted  with  the  citizens  of  that  county,  says  that  he 
saw  a  great  many  wagons  and  tents  at  the  place  of  election,  and  many  indi 
viduals  he  knew  from  Jackson  county.  He  was  in  their  tents  and  conversed 
with  some  of  them,  and  they  told  him  they  had  come  with  the  intention  of  vo 
ting.  He  went  to  the  polls  intending  to  vote  for  Flennekin,  and  his  ticket  be 
ing  of  a  different  color  from  the  rest,  his  vote  was  challenged  by  Frey  McGee, 
who  had  been  appointed  one  of  the  judges  but  did  not  serve.  Lemuel  Ralstone, 
a  citizen  of  Missouri,  was  acting  in  his  place.  The  witness  then  challenged 
the  vote  of  a  young  man  by  the  name  of  Nolan,  whom  he  knew  to  reside  in 
Jackson  county.  Finally  the  thing  was  hushed  up,  as  the  witness  had  a  good 
many  friends  there  from  that  county,  and  it  might  lead  to  a  fight  if  he  chal 
lenged  any  more  votes.  Both  voted,  and  then  went  down  to  their  camp.  He 
there  saw  many  of  his  old  acquaintances  whom  he  knew  had  voted  at  the 
election  in  August  previous  in  Missouri,  and  who  still  resided  in  that  state. 
By  a  careful  comparison  of  the  poll-lists  with  the  census-rolls,  we  find  but 
12  names  on  the  poll-book  who  were  voters  when  the  census  was  taken  three 
months  afterwards,  and  we  are  satisfied  that  not  more  than  20  legal  votes 
could  have  been  polled  at  that  election.  The  only  residents  who  are  known 
to  have  voted  are  named  by  the  witness,  and  are  13  in  number — thus  leaving 
584  illegal  votes  cast  in  a  remote  district,  where  the  settlers  within  many 
miles  were  acquainted  with  each  other. 

The  total  number  of  white  inhabitants  in  the  Xlth  district  in  the  month  of 
February,  A.  D.  1855,  including  men,  women,  and  children,  was  36,  of  whom 
24  were  voters — yet  the  poll-lists  in  this  district  show  that  245  votes  were  cast 
at  this  election.  For  reasons  stated  hereafter  in  regard  to  the  election  on  the 
30th  of  March,  your  committee  were  unable  to  procure  the  attendance  of  wit 
nesses  from  this  district.  From  the  records,  it  clearly  appears  that  the  votes 
cast  could  not  have  been  by  lawful  resident  voters.  The  best  test,  in  the  ab 
sence  of  direct  proof,  by  which  to  ascertain  the  number  of  legal  votes  cast,  is 
by  a  comparison  of  the  census-roll  with  the  poll-book — by  which  it  appears 
that  but  7  resident  settlers  voted,  and  238  votes  were  illegally  and  fraudulently 
given. 

The  election  in  the  XlVth  district  was  held  at  the  house  of  Benjamin  Hard 
ing,  a  few  miles  from  the  town  of  St.  Joseph,  Missouri.  Before  the  polls  were 
opened,  a  large  number  of  citizens  of  Buchanan  county,  Missouri,  and  among 
them  many  of  the  leading  citizens  of  St.  Joseph,  were  at  the  place  of  voting, 
and  made  a  majority  of  the  company  present.  At  the  time  appointed  by  the 
44 


682  KANSAS  AFFAIRS. 

governor  for  opening  the  polls,  two  of  the  judges  were  not  there,  and  it  be 
came  the  duty  of  the  legal  voters  present  to  select  other  judges.  The  judge 
who  was  present  suggested  the  name  of  Mr.  Waterson  as  one  of  the  judges, 
but  the  crowd  voted  down  the  proposition.  Some  discussion  then  arose  as  to 
the  right  of  non-residents  to  vote  for  judges,  during  which  Mr.  Bryant  was 
nominated  and  elected  by  the  crowd.  Some  one  nominated  Colonel  John 
Scott  as  the  other  judge,  who  was  then  and  is  now  a  resident  of  St.  Joseph. 
At  that  time  he  was  the  city  attorney  of  that  place,  and  so  continued  until  this 
spring,  but  he  claimed  that  the  night  before  he  had  come  to  the  house  of  Mr. 
Bryant,  and  had  engaged  boarding  for  a  month,  and  considered  himself  a  resi 
dent  of  Kansas  on  that  ground.  The  judges  appointed  by  the  governor  re 
fused  to  put  the  nomination  of  Colonel  Scott  to  vote,  because  he  was  not  a 
resident.  After  some  discussion,  Judge  Leonard,  a  citizen  of  Missouri, 
stepped  forward  and  put  the  vote  himself ;  and  Mr.  Scott  was  declared  by  him 
as  elected  by  the  crowd,  and  served  as  a  judge  of  election  that  day.  After  the 
election  was  over  he  returned  to  St.  Joseph,  and  never  since  has  resided  in  the 
territory.  It  is  manifest  that  this  election  of  a  non-resident  lawyer  as  a  judge 
was  imposed  upon  the  settlers  by  the  citizens  of  the  state.  When  the  board 
of  judges  was  thus  completed,  the  voting  proceeded,  but  the  effect  of  the 
rule  adopted  by  the  judges  allowed  many,  if  not  a  majority,  of  the  non-resi 
dents  to  vote.  They  claimed  that  their  presence  on  the  ground,  especially 
when  they  had  a  claim  in  the  territory,  gave  them  a  right  to  vote — under  that 
construction  of  the  law  they  readily,  when  required,  swore  they  were  "  resi 
dents"  and  then  voted.  By  this  evasion,  as  near  as  your  committee  can  ascer 
tain  from  the  testimony,  as  many  as  50  illegal  votes  were  cast  in  this  district 
out  of  153,  the  whole  number  polled. 

The  election  in  the  XVth  district  was  held  at  Penseman's,  on  Stranger 
Creek,  a  few  miles  from  Weston,  Missouri.  On  the  day  of  the  election  a  large 
number  of  citizens  of  Platte  county,  but  chiefly  from  Weston  and  Platte  city, 
came  in  small  parties,  in  wagons  and  on  horseback,  to  the  polls.  Among  them 
were  several  leading  citizens  of  that  town,  and  the  names  of  many  of  them  are 
given  by  the  witnesses.  They  generally  insisted  upon  their  right  to  vote,  on  the 
ground  that  every  man  having  a  claim  in  the  territory  could  vote,  no  matter 
where  he  lived.  All  voted  who  chose.  No  man  was  challenged  or  sworn. 
Some  of  the  residents  did  not  vote.  The  purpose  of  the  strangers  voting  was 
declared  to  be  to  make  Kansas  a  slave  state.  We  find  by  the  poll-books  that 
306  votes  were  cast — of  these  we  find  but  57  are  on  the  census-rolls  as  legal 
voters  in  February  following.  Your  committee  is  satisfied  from  the  testimony 
that  not  over  100  of  those  who  voted  had  any  right  so  to  do,  leaving  at  least 
206  illegal  votes  cast. 

The  election  in  the  XYIth  district  was  held  at  Leavenworth.  It  was  then 
a  small  village  of  three  or  four  houses,  located  on  the  Delaware  Reservation. 
There  were  but  comparatively  few  settlers  then  in  the  district,  but  the  number 
rapidly  increased  afterward.  On  the  day  before  and  on  the  day  of  election,  a 
great  many  citizens  of  Platte,  Clay,  and  Ray  counties  crossed  the  river — most 


REPORT  OF  INVESTIGATING  COMMITTEE.  683 

of  them  camping  in  tents  and  wagons  about  the  town,  "like  a  camp-meeting." 
They  were  in  companies  or  messes  of  ten  to  fifteen  in  each,  and  numbered  in 
all  several  hundred.  They  brought  their  own  provisions  and  cooked  it  them 
selves,  and  were  generally  armed.  Many  of  them  were  known  by  the  witnesses, 
and  their  names  given,  and  their  names  are  found  upon  the  poll-books.  Among 
them  were  several  persons  of  influence  where  they  resided  in  Missouri,  who 
held,  or  had  held,  high  official  positions  in  that  state.  They  claimed  to  be 
residents  of  the  territory,  from  the  fact  that  they  were  then  present  and  insisted 
upon  the  right  to  vote,  and  did  vote.  Their  avowed  purpose  in  doing  so  was 
to  make  Kansas  a  slave  state.  These  strangers  crowded  around  the  polls,  and 
it  was  with  great  difficulty  that  the  settlers  could  get  to  the  polls.  One  resi 
dent  attempted  to  get  to  the  polls  in  the  afternoon,  but  was  crowded  out  and 
pulled  back.  He  then  went  outside  of  the  crowd  and  hurrahed  for  General 
Whitfield,  and  some  of  those  who  did  not  know  him  said,  "  that's  a  good  pro- 
slavery  man,"  and  lifted  him  up  over  their  heads  so  that  he  crawled  on  their 
heads  and  put  in  his  vote.  A  person  who  saw  from  the  color  of  his  ticket 
that  it  was  not  for  General  Whitfield,  cried  out,  "  He  is  a  damned  abolition 
ist — let  him  down ;  "  and  they  dropped  him.  Others  were  passed  to  the  polls 
in  the  same  way,  and  others  crowded  up  the  best  way  they  could.  After  this 
mockery  of  an  election  was  over,  the  non-residents  returned  to  their  homes  in 
Missouri.  Of  the  312  votes  cast,  not  over  150  were  by  legal  voters. 

Thus  your  committee  find  that  in  this  the  first  election  in  the  territory,  a 
very  large  majority  of  votes  were  cast  by  citizens  of  the  state  of  Missouri,  in 
violation  of  the  organic  law  of  the  territory. 

In  January  and  February,  1855,  the  governor  caused  an  enumeration  to  be 
taken  of  the  inhabitants  and  qualified  voters  in  the  territory.  There  were 
2,905  voters;  8,501  inhabitants. 

On  the  day  the  census  was  completed,  the  governor  issued  his  proclamation 
for  an  election  to  be  held  on  the  30th  of  March,  A.  D.  1855,  for  members  of  the 
legislative  assembly  of  the  territory.  By  an  organized  movement  in  Missouri, 
which  extended  from  Andrew  county  on  the  north  to  Jasper  county  in  the 
south,  and  as  far  eastward  as  Boone  and  Cole  counties,  companies  of  men  were 
arranged  in  regular  parties  and  sent  into  every  council  district  in  the  terri 
tory,  and  into  every  representative  district  but  one.  The  numbers  were  so 
distributed  as  to  control  the  election  in  each  district.  They  went  to  vote,  and 
with  the  avowed  design  to  make  Kansas  a  slave  state.  They  were  generally 
armed  and  equipped,  carried  with  them  their  own  provisions  and  tents,  and  so 
marched  into  the  territory.  The  details  of  this  invasion,  from  the  mass  of  the 
testimony  taken  by  your  committee,  are  so  voluminous  that  we  can  here  state 
but  the  leading  facts  elicited.  If  the  governor's  proclamation  had  been  ob 
served,  a  just  and  fair  election  would  have  resulted. 

The  company  of  persons  who  marched  into  Lawrence  district,  collected  in 
Kay,  Howard,  Carroll,  Boone,  La  Fayette,  Randolph,  Saline,  and  Cass  coun 
ties,  in  the  state  of  Missouri.  Their  expenses  were  paid — those  who  conld 
.*jfc.-v  ,>-•  >.^.-  .  y»;  •-*  ^.«»rJb*^#«*»w»  to-  ;;-*<••: 


684  KANSAS  AFFAIRS. 

not  come  contributing  provisions,  wagons,  etc.  Provisions  were  deposited  for 
those  who  were  expected  to  come  to  Lawrence,  in  the  house  of  William  Ly- 
kins,  and  were  distributed  among  the  Missourians  after  they  arrived  there. 
The  evening  before  and  the  morning  of  the  day  of  election,  about  1,000  men 
from  the  above  counties  arrived  at  Lawrence,  and  encamped  in  a  ravine  a  short 
distance  from  town,  near  the  place  of  voting.  They  came  in  wagons — of  which 
there  were  over  one  hundred — and  on  horseback,  under  the  command  of  Col. 
Samuel  Young,  of  Boone  county,  Missouri,  and  Claibourne  F.  Jackson,  of  Mis 
souri.  They  were  armed  with  guns,  rifles,  pistols,  and  bowie-knives,  and  had 
tents,  music,  and  flags  with  them.  They  brought  with  them  two  pieces  of  ar 
tillery  loaded  with  musket-balls.  On  their  way  to  Lawrence,  some  of  them 
met  Mr.  N.  B.  Blanton,  who  had  been  appointed  one  of  the  judges  of  election 
by  Gov.  Reeder,  and  after  learning  from  him  that  he  considered  it  his  duty  to 
demand  an  oath  from  them  as  to  their  place  of  residence,  first  attempted  to 
bribe,  and  then  threatened  him  with  hanging,  in  order  to  induce  him  to  dis 
pense  with  that  oath.  In  consequence  of  these  threats,  he  did  not  appear  at 
the  polls  the  next  morning  to  act  as  judge. 

The  evening  before  the  election,  while  in  camp,  the  Missourians  were  called ' 
together  at  the  tent  of  Captain  Claibourne  F.  Jackson,  and  speeches  were  made 
to  them  by  Col.  Young  and  others,  calling  for  volunteers  to  go  to  other  dis 
tricts  where  there  were  not  Missourians  enough  to  control  the  election,  and 
there  were  more  at  Lawrence  than  were  needed  there.  Many  volunteered  to 
go,  and  the  morning  of  the  election,  several  companies,  from  150  to  200  men 
each,  went  off  to  Tecumseh,  Hickory  Point,  Bloomington,  and  other  places. 
On  the  morning  of  the  election,  the  Missourians  came  over  to  the  place  of 
voting  from  their  camp,  in  bodies  of  one  hundred  at  a  time.  Mr.  Blanton  not 
appearing,  another  judge  was  appointed  in  his  place — Col.  Young  claiming 
that,  as  the  people  of  the  territory  had  two  judges,  it  was  nothing  more  than 
right  that  the  Missourians  should  have  the  other  one,  to  look  after  their  inter 
ests  ;  and  Robert  E.  Cummins  was  elected  in  Blan ton's  stead,  because  he  con 
sidered  that  every  man  had  a  right  to  vote  if  he  had  been  in  the  territory  but 
an  hour.  The  Missourians  brought  their  tickets  with  them ;  but  not  having 
enough,  they  had  three  hundred  more  printed  in  Lawrence  on  the  evening  be 
fore  and  the  day  of  election.  They  had  white  ribbons  in  their  button-holes  to 
distinguish  themselves  from  the  settlers. 

When  the  voting  commenced,  the  question  of  the  legality  of  the  vote  of  a 
Mr.  Page  was  raised.  Before  it  was  decided,  Col.  Samuel  Young  stepped  up 
to  the  window  where  the  votes  were  received,  and  said  he  would  settle  the  mat 
ter.  The  vote  of  Mr.  Page  was  withdrawn,  and  Col.  Young  offered  to  vote. 
He  refused  to  take  the  oath  prescribed  by  the  governor,  but  swore  he  was  a 
resident  of  the  territory,  upon  which  his  vote  was  received.  He  told  Mr.  Ab 
bott,  one  of  the  judges,  when  asked  if  he  intended  to  make  Kansas  his  future 
home,  that  it  was  none  of  his  business ;  that  if  he  were  a  resident  then,  he 
should  ask  no  more.  After  his  vote  was  received,  Col.  Young  got  up  in  the 
window-sill  and  announced  to  the  crowd  that  he  had  been  permitted  to  vote, 


REPORT  OF  INVESTIGATING  COMMITTEE.  685 

and  they  could  all  come  up  and  vote.  He  told  the  judges  that  there  was  no 
use  in  swearing  the  others,  as  they  would  all  swear  as  he  had  done.  After  the 
other  judges  concluded  to  receive  Col.  Young's  vote,  Mr.  Abbott  resigned  as 
judge  of. election,  and  Mr.  Benjamin  was  elected  in  his  place. 

The  polls  were  so  much  crowded  until  late  in  the  evening,  that,  for  a  time, 
when  the  men  had  voted,  they  were  obliged  to  get  out  by  being  hpisted  up  on 
the  roof  of  the  building  where  the  election  was  being  held,  and  pass  out  over 
the  house.  Afterward  a  passage-way  through  the  crowd  was  made  by  two 
lines  of  men  being  formed,  through  which  the  voters  could  get  up  to  the  polls. 
Col.  Young  asked  that  the  old  men  be  allowed  to  go  up  first  and  vote,  as  they 
were  tired  with  the  traveling,  and  wanted  to  get  back  to  camp. 

The  Missourians  sometimes  came  up  to  the  polls  in  procession,  two  by  two, 
and  voted. 

During  the  day  the  Missourians  drove  off  the  ground  some  of  the  citizens, 
Mr.  Stevens,  Mr.  Bond,  and  Mr.  Willis.  They  threatened  to  shoot  Mr.  Bond, 
and  a  crowd  rushed  after  him  threatening  him,  and  as  he  ran  from  them  some 
shots  were  fired  at  him  as  he  jumped  off  the  bank  of  the  river  and  made  his 
escape.  The  citizens  of  the  town  went  over  in  a  body,  late  in  the  afternoon, 
when  the  polls  had  become  comparatively  clear,  and  voted. 

Before  the  voting  had  commenced,  the  Missourians  said,  if  the  judges  ap 
pointed  by  the  governor  did  not  receive  their  votes,  they  would  choose  other 
judges.  Some  of  them  voted  several  times,  changing  their  hats  or  coats  and 
coming  up  to  the  window  again.  They  said  they  intended  to  vote  first,  and 
after  they  had  got  through,  then  the  others  could  vote.  Some  of  them  claimed 
a  right  to  vote  under  the  organic  act,  from  the  fact  that  their  mere  presence  in 
the  territory  constituted  them  residents,  though  they  were  from  Wisconsin,  and 
had  homes  in  Missouri.  Others  said  they  had  a  right  to  vote,  because  Kansas 
belonged  to  Missouri,  and  people  from  the  east  had  no  right  to  settle  in  the 
territory  and  vote  there.  They  said  they  came  to  the  territory  to  elect  a  leg 
islature  to  suit  themselves,  as  the  people  of  the  territory  and  persons  from  the 
east  and  north  wanted  to  elect  a  legislature  that  would  not  suit  them.  They 
said  they  had  a  right  to  make  Kansas  a  slave  state,  because  the  people  of  the 
north  had  sent  persons  out  to  make  it  a  free  state.  Some  claimed  that  they 
had  heard  that  the  emigrant  aid  society  had  sent  men  out  to  be  at  the  election, 
and  they  came  to  offset  their  votes ;  but  the  most  of  them  made  no  such  claim. 
Col.  Young  said  he  wanted  the  citizens  to  vote  in  order  to  give  the  election 
some  show  of  fairness.  The  Missourians  said  there  would  be  no  difficulty  if 
the  citizens  did  not  interfere  with  their  voting,  but  they  were  determined  to 
vote — peaceably,  if  they  could,  but  vote  any  how.  They  said  each  one  of  them 
was  prepared  for  eight  rounds  without  loading,  and  would  go  the  ninth  round 
with  the  butcher-knife.  Some  of  them  said  that  by  voting  in  the  territory,  they 
would  deprive  themselves  of  the  right  to  vote  in  Missouri  for  twelve  months 
afterward.  The  Missourians  began  to  leave  the  afternoon  of  the  day  of  elec 
tion,  though  some  did  not  go  home  until  the  next  morning.  In  many  cases, 
when  a  wagon-load  had  voted,  they  immediately  started  for  home.  On  their 


686  KANSAS  AFFAIRS. 

way  home,  they  said  if  Gov.  Reeder  did  not  sanction  the  election,  they  would 
hang  him. 

The  citizens  of  the  town  of  Lawrence,  as  a  general  thing  were  not  armed 
on  the  day  of  election,  though  some  had  revolvers,  but  not  exposed,  as  were 
the  arms  of  the  Missourians.  They  kept  a  guard  about  the  town,  the  night 
after  the  election,  in  consequence  of  the  threats  of  the  Missourians,  in  order  to 
protect  it.  The  pro-slavery  men  of  the  district  attended  the  nominating  con 
ventions  of  the  free-state  men,  and  voted  for,  and  secured  the  nominations  of, 
the  men  they  considered  the  most  obnoxious  to  the  free-state  party,  in  order  to 
cause  dissension  in  that  party. 

Quite  a  number  of  settlers  came  into  the  district  before  the  day  of  election, 
and  after  the  census  was  taken.  According  to  the  census  returns,  there  were 
then  in  the  district  369  legal  voters.  Of  those  whose  names  are  on  the  census 
returns,  177  are  to  be  found  on  the  poll-books  of  the  30th  of  March,  1855. 
Messrs.  Ladd,  Babcock,  and  Pratt  testify  to  55  names  on  the  poll  books  of 
persons  they  knew  to  have  settled  in  the  district  after  the  census  was  taken  and 
before  the  election.  A  number  of  persons  came  into  the  territory  in  March, 
before  the  election,  from  the  northern  and  eastern  states,  intending  to  settle, 
who  were  in  Lawrence  on  the  day  of  election.  At  that  time,  many  of  them 
had  selected  no  claims,  and  had  no  fixed  place  of  residence.  Such  were  not 
entitled  to  vote.  Many  of  them  became  dissatisfied  with  the  country.  Others 
were  disappointed  in  its  political  condition,  and  the  price  and  demand  for  la 
bor,  and  returned.  Whether  any  such  voted  at  the  election,  is  not  clearly 
shown,  but  from  the  proof,  it  is  probable  that  in  the  latter  part  of  the  day, 
after  the  great  body  of  the  Missourians  had  voted,  some  did  go  to  the  polls. 
The  number  was  not  over  fifty.  These  voted  the  free-state  ticket.  The  whole 
number  of  names  appearing  on  the  poll-list  is  1034.  After  full  examination, 
we  are  satisfied  that  not  over  232  of  these  were  legal  voters,  and  802  were 
non-resident  and  illegal  voters.  This  district  is  strongly  in  favor  of  making 
Kansas  a  free  state,  and  there  is  no  doubt  but  that  the  free-state  candidates 
would  have  been  elected  by  large  majorities,  if  none  but  the  actual  settlers  had 
voted.  At  the  preceding  election  in  November,  1854,  when  none  but  legal 
votes  were  polled,  general  Whitfield,  who  received  the  full  strength  of  the  pro- 
slavery  party,  got  but  46  votes. 

In  Bloomington  district,  on  the  morning  of  the  election,  the  judges  ap 
pointed  by  the  governor  appeared  and  opened  the  polls.  Their  names  were 
Harrison  Burson,  Nathaniel  Ramsay,  and  Mr.  Ellison.  The  Missourians  began 
to  come  in  early  in  the  morning,  some  500  or  600  of  them,  in  wagons  and  in 
carriages,  and  on  horseback,  under  the  lead  of  Samuel  J.  Jones,  then  post 
master  of  Westport,  Missouri,  Claibourne  P.  Jackson,  and  Mr.  Steely,  of 
Independence,  Missouri.  They  were  armed  with  double-barreled  guns,  rifles, 
bowie-knives  and  pistols,  and  had  flags  hoisted.  They  held  a  sort  of  informal 
election,  off  at  one  side,  at  first  for  governor  of  Kansas,  and  shortly  afterwards 
announced  Thomas  Johnson,  of  Shawnee  Missions,  elected  governor.  The 
polls  had  been  opened  but  a  short  time,  when  Mr.  Jones  marched  with  the 


REPORT  OF  INVESTIGATING  COMMITTEE.  687 

crowd  np  to  the  window  and  demanded  that  they  should  be  allowed  to  vote 
without  swearing  as  to  their  residence.  After  some  noisy  and  threatening  talk, 
Claibourne  F.  Jackson  addressed  the  crowd,  saying  they  had  come  there  to 
vote,  that  they  had  a  right  to  vote  if  they  had  been  there  but  five  minutes,  and 
he  was  not  willing  to  go  home  without  voting ;  which  was  received  with  cheers. 
Jackson  then  called  upon  them  to  form  into  little  bands  of  fifteen  or  twenty, 
which  they  did,  and  went  to  an  ox  wagon  filled  with  guns,  which  were  dis 
tributed  among  them,  and  proceeded  to  load  some  of  them  on  the  ground.  la 
pursuance  of  Jackson's  request,  they  tied  white  tape  or  ribbon  in  their  button 
holes  to  distinguish  them  from  the  "abolitionists."  They  again  demanded 
that  the  judges  should  resign,  and  on  their  refusing  to  do  so,  smashed  in  the 
window,  sash  and  all,  and  presented  their  pistols  and  guns  to  them,  threatening 
to  shoot  them.  Some  one  on  the  outside  cried  out  to  them  not  to  shoot,  as 
there  were  pro-slavery  men  in  the  room  with  the  judges.  They  then  put  a 
pry  under  the  corner  of  the  house,  which  was  a  log  house,  and  lifted  it  up  a 
few  inches  and  let  it  fall  again,  but  desisted  upon  being  told  there  were  pro- 
slavery  men  in  the  house.  During  this  time  the  crowd  repeatedly  demanded 
to  be  allowed  to  vote  without  being  sworn,  and  Mr.  Ellison,  one  of  the  judges, 
expressed  himself  willing,  but  the  other  two  judges  refused  ;  thereupon  a  body 
of  men,  headed  by  "  Sheriff  Jones,"  rushed  into  the  judges'  room  with  cocked 
pistols  and  drawn  bowie-knives  in  their  hands,  and  approached  Burson  and 
Ramsay.  Jones  pulled  out  his  watch,  and  said  he  would  give  them  five  min 
utes  to  resign  in,  or  die.  When  the  five  minutes  had  expired  and  the  judges 
did  not  resign,  Jones  said  he  would  give  them  another  minute,  and  no  more. 
Ellison  told  his  associates  that  if  they  did  not  resign,  there  would  be  one  hun 
dred  shots  fired  in  the  room  in  less  than  fifteen  minutes  ;  and  then  snatching 
up  the  ballot-box,  ran  out  into  the  crowd,  holding  up  the  ballot-box  and  hur 
rahing  for  Missouri.  About  that  time  Burson  and  Ramsay  were  called  out  by 
their  friends,  and  not  suffered  to  return.  As  Mr.  Burson  went  out,  he  put  the 
ballot  poll-books  in  his  pocket,  and  took  them  with  him ;  and  as  he  was  going 
out,  Jones  snatched  some  papers  away  from  him,  and  shortly  afterward  came 
out  himself  holding  them  up,  crying  "  hurrah  for  Missouri."  After  he  discov 
ered  they  were  not  the  poll-books,  he  took  a  party  of  men  with  him  and  started 
off  to  take  the  poll-books  from  Burson.  Mr.  Burson  saw  them  coming,  and 
he  gave%  tlf  !'ooks  to  Mr.  Umberger,  and  told  him  to  start  off  in  another 
direction,  so  us  to  mislead  Jones  and  his  party.  Jones  and  his  party  caught 
Mr.  "Umberger,  took  the  poll-books  away  from  him,  and  Jones  took  him  up 
behind  him  on  a  horse,  and  carried  him  back  a  prisoner.  After  Jones  and  his 
party  had  taken  Umberger  back,  they  went  to  the  house  of  Mr.  Ramsay  and 
took  judge  John  A.  Wakefield  prisoner,  and  carried  him  to  the  place  of  elec 
tion,  and  made  him  get  up  on  a  wagon  and  make  them  a  speech  ;  after  which 
they  put  a  white  ribbon  in  his  button-hole  and  let  him  go.  They  then  chose 
two  new  judges,  and  proceeded  with  the  election. 

They  also  threatened  to  kill  the  judges  if  they  did  not  receive  their  votes 
without  swearing  them,  or  else  resign.     They  said  no  man  should  vote  who 


688  KANSAS  AFFAIBS. 

would  submit  to  be  sworn — that  they  would  kill  any  one  who  would  offer  to  do 
so — "shoot  him,"  "cut  his  guts  out,"  etc.  They  said  no  man  should  vote 
this  day  unless  he  voted  an  open  ticket,  and  was  "  all  right  on  the  goose,"  and 
that  if  they  could  not  vote  by  fair  means,  they  would  by  foul  means.  They 
said  they  had  as  much  right  to  vote,  if  they  had  been  in  the  territory  two  min 
utes,  as  if  they  had  been  there  for  two  years,  and  they  would  vote.  Some  of 
the  citizens  who  were  about  the  window,  but  had  not  voted  when  the  crowd  of 
Missourians  marched  up  there,  upon  attempting  to  vote,  were  driven  back  by 
the  mob,  or  driven  off.  One  of  them,  Mr.  J.  M.  Marcy,  was  asked  if  he 
would  take  the  oath,  and  upon  his  replying  that  he  would  if  the  judges  re 
quired  it,  he  was  dragged  through  the  crowd  away  from  the  polls,  amid  cries 
of  "kill  the  d — d  nigger  thief,"  "cut  his  throat,"  "tear  his  heart  out,"  etc. 
After  they  got  him  to  the  outside  of  the  crowd,  they  stood  around  him  with 
cocked  pistols  and  drawn  bowie-knives,  one  man  putting  a  knife  to  his  heart, 
so  that  it  touched  him,  another  holding  a  cocked  pistol  to  his  ear,  while  another 
struck  at  him  with  a  club.  The  Missourians  said  they  had  a  right  to  vote  if 
they  had  been  in  the  territory  but  five  minutes.  Some  said  they  had  been 
hired  to  come  there  and  vote,  and  get  a  dollar  a  day,  and  by  G — d,  they  would 
vote  or  die  there. 

They  said  the  30th  of  March  was  an  important  day,  as  Kansas  would  be 
made  a  slave  state  on  that  day.  They  began  to  leave  in  the  direction  of  Mis 
souri  in  the  afternoon,  after  they  had  voted,  leaving  some  thirty  or  forty  around 
the  house  where  the  election  was  held,  to  guard  the  polls  until  after  the  elec 
tion  was  over.  The  citizens  of  the  territory  were  not  around,  except  those 
who  took  part  in  the  mob,  and  a  large  portion  of  them  did  not  vote  ;  341 
votes  were  polled  there  that  day,  of  which  but  some  thirty  were  citizens.  A 
protest  against  the  election  was  made  to  the  governor.  The  returns  of  the 
election  made  to  the  governor  were  lost  by  the  committee  of  elections  of  the 
legislature  at  Pawnee.  The  duplicate  returns  left  in  the  ballot-box  were  taken 
by  F.  E.  Laley,  one  of  the  judges  elected  by  the  Missourians,  and  were  either 
lost  or  destroyed  in  his  house,  so  that  your  committee  have  been  unable  to 
institute  a  comparison  between  the  poll-lists  and  census  returns  of  this  district. 
The  testimony,  however,  is  uniform,  that  not  over  thirty  of  those  who  voted 
there  that  day  were  entitled  to  vote,  leaving  311  illegal  votes.  We  are  satis 
fied  from  the  testimony  that  had  the  actual  oe-ttlers  alone  voted,  the  free-state 
candidates  would  have  been  elected  by  handsoias  majorities. 

On  the  28th  of  March,  persons  from  Clay,  Jaskson  and  Howard  counties, 
Missouri,  began  to  come  into  Tecumseh  district,  in  wagons,  carriages,  and  on 
horseback,  armed  with  guns,  bowie-knives  and  revolvers ;  and  with  threats, 
encamped  close  by  the  town,  and  continued  coming  until  the  day  of  election. 
The  night  before  the  election  200  men  were  sent  for  from  the  camp  of  Missou 
rians  at  Lawrence.  On  the  morning  of  the  election,  before  the  polls  were 
opened,  some  300  or  400  Missouriaus  and  others  were  collected  in  the  yard 
about  the  house  of  Thomas  Stinson,  where  the  election  was  to  be  held,  armed 
with  bowie-knives,  revolvers  and  clubs.  They  said  they  came  to  vote,  and 


REPORT  OF  INVESTIGATING  COMMITTEE.  689 

whip  the  d— d  Yankees,  and  would  vote  without  being  cworn.  Some  said  they 
came  to  have  a  fight  and  wanted  one.  Colonel  Samuel  H.  "Woodson,  of  Inde 
pendence,  Missouri,  was  in  the  room  of  the  judges  when  they  arrived,  preparing 
poll-books  and  tally-lists,  and  remained  there  during  their  attempts  to  organize. 
The  room  of  the  judges  was  also  filled  by  many  of  the  strangers.  The  judges 
could  not  agree  concerning  the  oath  to  be  taken  by  themselves,  and  the  oath  to 
be  administered  to  the  voters,  Mr.  Burgess  wishing  to  administer  the  oath  pre 
scribed  by  the  governor  and  the  other  two  judges  opposing  it.  During  this 
discussion  between  the  judges,  which  lasted  some  time,  the  crowd  outside 
became  excited  and  noisy,  threatening  and  cursing  Mr.  Burgess,  the  free-state 
judge.  Persons  were  sent,  at  different  times,  by  the  crowd  outside,  into  the 
room  where  the  judges  were,  with  threatening  messages,  especially  against  Mr. 
Burgess,  and  at  last  ten  minutes  were  given  them  to  organize  in  or  leave ;  and 
as  the  time  passed,  persons  outside  would  call  out  the  number  of  minutes  left, 
with  threats  against  Burgess,  if  he  did  not  agree  to  organize.  At  the  end  of 
that  time,  the  judges  not  being  able  to  organize,  left  the  room  and  the  crowd 
proceeded  to  elect  nine  judges  and  carry  on  the  election.  The  free-state  men 
generally  left  the  ground  without  voting,  stating  that  there  was  no  use  in 
their  voting  there.  The  polls  were  so  crowded  during  the  first  part  of  the  day 
that  the  citizens  could  not  get  up  to  the  window  to  vote.  Threats  were  made 
against  the  free-state  men.  In  the  afternoon  the  reverend  Mr.  Gispatrick  was 
attacked  and  driven  off  by  the  mob.  A  man,  by  some  called  "  Texas,"  made 
a  speech  to  the  crowd,  urging  them  to  vote  and  to  stay  on  the  ground  till  the 
polls  were  closed,  for  fear  the  abolitionists  would  come  there  in  the  afternoon 
and  overpower  them,  and  thus  they  would  loose  all  their  trouble. 

For  some  days  prior  to  the  election,  companies  of  men  were  organized  in 
Jackson,  Cass,  and  Clay  counties,  Mo.,  for  the  purpose  of  coming  to  the  ter 
ritory  and  voting  in  the  Vth  district.  The  day  previous  to  the  election,  some 
400  or  500  Missourians,  armed  with  guns,  pistols,  and  knives,  came  into  the 
territory  and  camped,  some  at  Bull  Creek,  and  others  at  Potawatamie  Creek. 
Their  camps  were  about  sixteen  miles  apart.  On  the  evening  before  the  elec 
tion,  Judge  Hamilton,  of  the  Cass  county  court,  Mo.,  came  from  the  Potawat 
amie  Creek  camp  to  Bull  Creek  for  sixty  more  Missourians,  as  they  had  not 
enough  there  to  render  the  election  certain,  and  about  that  number  went  down 
there  with  him.  On  the  evening  before  the  election,  Dr.  B.  C.  Westfall  was 
elected  to  act  as  one  of  the  judges  of  election  in  the  Bull  Creek  precinct,  in 
place  of  one  of  the  judges  appointed  by  the  governor,  who,  it  was  said,  would 
not  be  there  the  next  day.  Dr.  Westfall  was  at  that  time  a  citizen  of  Jack 
son  county,  Mo.  On  the  morning  of  the  election,  the  polls  for  Bull  Creek  pre 
cinct  were  opened,  and,  without  swearing  the  judges,  they  proceeded  to  re 
ceive  the  votes  of  all  who  offered  to  vote.  For  the  sake  of  appearance,  they 
would  get  some  one  to  come  to  the  window  and  offer  to  vote,  and  when  asked 
to  be  sworn,  he  would  pretend  to  grow  angry  at  the  judges,  and  would  go 
away,  and  his  name  would  be  put  down  as  having  offered  to  vote,  but  "  reject- 
sd,  refusing  to  be  sworn."  This  arrangement  was  made  previously,  and  per- 


690  KANSAS  AFFAIRS. 

fectly  understood  by  the  judges.  But  few  of  the  residents  of  the  district  were 
present  at  the  election,  and  only  thirteen  voted.  The  number  of  votes  cast  in 
the  precinct  was  393. 

One  Missourian  voted  for  himself  and  then  voted  for  his  little  son,  but  10  or 
11  years  old.  Col.  Coffer,  Henry  Younger,  and  Mr.  Lykins,  who  were  voted 
for  and  elected  to  the  legislature,  were  residents  of  Missouri  at  the  time.  Col. 
Coffer  subsequently  married  in  the  territory.  After  the  polls  were  closed,  the 
returns  were  made,  and  a  man,  claiming  to  be  a  magistrate,  certified  on  them 
that  he  had  sworn  the  judges  of  election  before  opening  the  polls.  In  the 
Potawatamie  precinct,  the  Missourians  attended  the  election,  and  after  threat 
ening  Mr.  Chesnut,  the  only  judge  present  appointed  by  the  governor,  to  in 
duce  him  to  resign,  they  proceeded  to  elect  two  other  judges — one  a  Missou 
rian  and  the  other  a  resident  of  another  precinct  of  that  district.  The  polls 
were  then  opened,  and  all  the  Missourians  were  allowed  to  vote  without  being 
sworn. 

After  the  polls  were  closed,  and  the  returns  made  out  for  the  signature  of 
the  judges,  Mr.  Chesnut  refused  to  sign  them,  as  he  did  not  consider  them  cor 
rect  returns  of  legal  voters. 

Col.  Coffer,  a  resident  of  Missouri,  but  elected  to  the  Kansas  legislature 
from  that  district  at  that  election,  endeavored  with  others  to  induce  Mr.  Ches 
nut  by  threats  to  sign  the  returns,  which  he  refused  to  do,  and  left  the  house. 
On  his  way  home,  he  was  fired  at  by  some  Missourians,  though  not  injured. 
There  were  three  illegal  to  one  legal  vote  given  there  that  day.  At  the  Big 
Layer  precinct,  the  judges  appointed  by  the  governor  met  at  the  time  appoint 
ed,  and  proceeded  to  open  the  polls,  after  being  duly  sworn.  After  a  few  votes 
had  been  received,  a  party  of  Missourians  came  into  the  yard  of  the  house 
where  the  election  was  held,  and,  unloading  a  wagon  filled  with  arms,  stacked 
their  guns  in  the  yard,  and  came  up  to  the  window  and  demanded  to  be  ad 
mitted  to  vote.  Two  of  the  judges  decided  to  receive  their  votes,  whereupon 
the  third  judge,  Mr.  J.  M.  Arthur,  resigned,  and  another  was  chosen  in  his 
place.  Col.  Young,  a  citizen  of  Missouri,  but  a  candidate  for,  and  elected  to, 
the  territorial  legislative  council,  was  present  and  voted  in  the  precinct.  He 
claimed  that  all  Missourians  who  were  present  on  the  day  of  election  were  en 
titled  to  vote.  But  thirty  or  forty  of  the  citizens  of  the  precinct  were  pres 
ent,  and  many  of  them  did  not  vote.  At  the  Little  Sugar  precinct,  the  elec 
tion  seemed  to  have  been  conducted  fairly,  and  there  a  free  state  majority  was 
polled.  From  the  testimony,  the  whole  district  appears  to  have  been  largely 
free  state,  and  had  none  but  actual  settlers  voted,  the  free  state  candidates 
would  have  been  elected  by  a  large  majority.  From  a  careful  examination  of 
the  testimony  and  the  records,  we  find  that  from  200  to  225  legal  votes  were 
polled  out  of  885,  the  total  number  given  in  the  precincts  of  the  Yth  district 
Of  the  legal  votes  cast,  the  free  state  candidates  received  152. 

A  company  of  citizens  from  Missouri,  mostly  from  Bates  county,  came  into 
the  Vlth  district  the  day  before  the  election,  some  camping  and  others  putting 
up  at  the  public  house.  They  numbered  from  100  to  200,  and  came  in  wagons 


BEPORT  OF  INVESTIGATING  COMMITTEE.  691 

and  on  horseback,  carrying  their  provisions  and  tents  with  them,  and  were  gen 
erally  armed  with  pistols.  They  declared  their  purpose  to  vote,  and  claimed 
the  right  to  do  so.  They  went  to  the  polls  generally  in  small  bodies,  with 
tickets  in  their  hands,  and  many,  if  not  all,  voted.  In  some  cases,  they  de 
clared  that  they  had  voted,  and  gave  their  reasons  for  so  doing.  Mr.  Ander 
son,  a  pro-slavery  candidate  for  the  legislature,  endeavored  to  dissuade  the  non 
residents  from  voting,  because  he  did  not  wish  the  election  contested.  This 
person,  however,  insisted  upon  voting,  and  upon  his  right  to  vote,  and  did  so. 
No  one  was  challenged  or  sworn,  and  all  voted  who  desired  to.  Out  of  350 
votes  cast,  not  over  100  were  legal,  and  but  64  of  these  named  in  the  census 
taken  one  month  before  by  Mr.  Barber,  the  candidate  for  council,  voted.  Many 
of  the  free  state  men  did  not  vote,  but  your  committee  is  satisfied  that,  of  the 
legal  votes  cast,  the  pro-slavery  candidates  received  a  majority.  Mr.  Ander 
son,  one  of  these  candidates,  was  an  unmarried  man,  who  came  into  the  dis 
trict  from  Missouri  a  few  days  before  the  election,  and  boarded  at  the  public 
house  until  the  day  after  the  election.  He  then  took  with  him  the  poll-lists, 
and  did  not  return  to  Fort  Scott  until  the  occasion  of  a  barbecue  the  week  be 
fore  the  election  of  October  1,  1855.  He  voted  at  that  election,  and  after  it, 
left,  and  has  not  since  been  in  the  district.  S.  A.  Williams,  the  other  pro- 
slavery  candidate,  at  the  time  of  the  election  had  a  claim  in  the  territory,  but 
his  legal  residence  was  not  there  until  after  the  election. 

From  two  to  three  hundred  men,  from  the  state  of  Missouri,  came  in  wag 
ons  or  on  horseback  to  the  election  ground  at  Switzer's  Creek,  in  the  Vllth 
district,  and  encamped  near  the  polls,  on  the  day  preceding  the  election.  They 
were  armed  with  pistols  and  other  weapons,  and  declared  their  purpose  to 
vote,  in  order  to  secure  the  election  of  pro-slavery  members.  They  said  they 
were  disappointed  in  not  finding  more  Yankees  there,  and  that  they  had 
brought  more  men  than  were  necessary  to  counterbalance  their  vote.  A  num 
ber  of  them  wore  badges  of  blue  ribbon,  with  a  motto,  and  the  company  were 
under  the  direction  of  leaders.  They  declared  their  intention  to  conduct  them 
selves  peacefully,  unless  the  residents  of  the  territory  attempted  to  stop  them 
from  voting.  Two  of  the  judges  of  election  appointed  by  Gov.  Reeder  re 
fused  to  serve,  whereupon  two  others  were  appointed  in  their  stead  by  the 
crowd  of  Missourians  who  surrounded  the  polls.  The  newly-appointed  judges 
refused  to  take  the  oath  prescribed  by  Gov.  Reeder,  but  made  one  to  suit  them 
selves. 

The  election  in  the  Xllth  district  was  conducted  fairly.  No  complaint  was 
made  that  illegal  votes  were  cast. 

Previous  to  the  day  of  election,  several  hundreds  of  Missourians  from  Platte, 
Clay,  Boone,  Clinton,  and  Howard  counties,  came  into  the  XHIth  district  in 
wagons  and  on  horseback,  and  camped  there.  They  were  armed  with  guns, 
revolvers,  and  bowie-knives,  and  had  badges  of  hemp  in  their  button-holes  and 
elsewhere  about  their  persons.  They  claimed  to  have  a  right  to  vote,  from  the 
fact  that  they  were  there  on  the  ground,  and  had,  or  intended  to  make,  claims 
:n  the  territory,  although  their  families  were  in  Missouri. 


692  KANSAS   AFFAIRS. 

The  judges  appointed  by  the  governor  opened  the  polls,  and  some  persons 
offered  to  vote,  and  when  their  votes  were  rejected  on  the  ground  that  they  were 
not  residents  of  the  district,  the  crowd  threatened  to  tear  the  house  down  if 
the  judges  did  not  leave.  The  judges  then  withdrew,  taking  the  poll-books 
with  them.  The  crowd  then  proceeded  to  select  other  persons  to  act  as  judges, 
and  the  election  went  on.  Those  persons  voting  who  were  sworn  were  asked 
if  they  considered  themselves  residents  of  the  district,  and  if  they  said  they 
did,  they  were  allowed  to  vote.  But  few  of  the  residents  were  present  and 
voted,  and  the  free  state  men,  as  a  general  thing,  did  not  vote. 

Several  hundred  Missourians  from  Buchanan,  Platte,  and  Andrew  counties, 
Mo.,  including  a  great  many  of  the  prominent  citizens  of  St.  Joseph,  came 
into  the  XIYth  district  the  day  before  and  on  the  day  of  election,  in  wagons 
and  on  horseback,  and  encamped  there.  Arrangements  were  made  for  them  to 
cross  the  ferry  at  St.  Joseph  free  of  expense  to  themselves.  They  were  armed 
with  bowie-knives  and  pistols,  guns  and  rifles.  On  the  morning  of  the  elec 
tion,  the  free  state  candidates  resigned  in  a  body,  on  account  of  the  presence 
of  the  large  number  of  armed  Missourians,  at  which  the  crowd  cheered  and 
hurrahed.  Gen.  B.  F.  Stringfellow  was  present,  and  was  prominent  in  pro 
moting  the  election  of  the  pro-slavery  ticket,  as  was  also  the  Hon.  Willard  P. 
Hall,  and  others  of  the  most  prominent  citizens  of  St.  Joseph,  Mo.  But  one 
of  the  judges  of  election,  appointed  by  the  governor,  served  on  that  day,  and 
the  crowd  chose  two  others  to  supply  the  vacancies. 

The  evening  before  the  election,  some  two  hundred  or  more  Missourians  from 
Platte,  Buchanan,  Saline,  and  Clay  counties,  Mo.,  came  into  the  Doniphan  pre 
cinct,  with  tents,  music,  wagons,  and  provisions,  and  armed  with  guns,  rifles, 
pistols,  and  bowie-knives,  and  encamped  about  two  miles  from  the  place  of 
voting.  They  said  they  came  to  vote,  to  make  Kansas  a  slave  state,  and  in 
tended  to  return  to  Missouri  after  they  had  voted. 

On  the  morning  of  the  election,  the  judges  appointed  by  the  governor  would 
not  serve,  and  others  were  appointed  by  the  crowd.  The  Missourians  were 
allowed  to  vote  without  being  sworn — some  of  them  voting  as  many  as  eight 
or  nine  times ;  changing  their  hats  and  coats,  and  giving  in  different  names 
each  time.  After  they  had  voted,  they  returned  to  Missouri.  The  free  state 
men  generally  did  not  vote,  though  constituting  a  majority  in  the  precinct. 
Upon  counting  the  ballots  in  the  box  and  the  names  on  the  poll-lists,  it  was 
found  that  there  were  too  many  ballots,  and  one  of  the  judges  of  election  took 
out  ballots  enough  to  make  the  two  numbers  correspond. 

The  election  in  the  XVth  district  was  held  in  the  house  of  a  Mr.  Hayes. 
On  the  day  of  election,  a  crowd  of  from  400  to  500  men  collected  around  the 
polls,  of  which  the  great  body  were  citizens  of  Missouri.  One  of  the  judges 
of  election,  in  his  testimony,  states  that  the  strangers  commenced  crowding 
around  the  polls,  and  that  then  the  residents  left.  Threats  were  made  before 
and  during  the  election  day  that  there  should  be  no  free  state  candidates,  al 
though  there  were  nearly  or  quite  as  many  free  state  as  pro-slavery  men  resi 
dent  in  the  district.  Most  of  the  crowd  were  drinking  and  carousing,  cursing 


REPORT  OF  INVESTIGATING  COMMITTEE.  693 

the  abol.  tionists  and  threatening  the  only  free  state  judge  of  election.  A  ma 
jority  of  those  who  voted  wore  hemp  in  their  button-holes,  and  their  pass 
word  was,  "all  right  on  the  hemp."  Many  of  the  Missourians  were  known, 
and  are  named  by  the  witnesses.  Several  speeches  were  made  by  them  at  the 
polls,  and  among  those  who  spoke  were  Major  Oliver,  one  of  your  committee, 
Col.  Burns,  and  Lalan  Williams,  of  Platte  county.  Major  Oliver  urged  upon 
all  present  to  use  no  harsh  words,  and  expressed  the  hope  that  nothing  would 
be  said  or  done  to  harm  the  feelings  of  the  most  sensitive  on  the  other  side. 
He  gave  some  grounds,  based  on  the  Missouri  compromise,  in  regard  to  the 
right  of  voting,  and  was  understood  to  excuse  the  Missourians  for  voting. 
Your  committee  are  satisfied  that  he  did  not  vote.  Col.  Burns  recommended 
all  to  vote,  and  he  hoped  none  would  go  home  without  voting.  Some  of  the 
pro-slavery  residents  were  much  dissatisfied  at  the  interference  with  their  rights 
by  the  Missourians,  and  for  that  reason — because  reflection  convinced  them  that 
it  would  be  better  to  have  Kansas  a  free  state — they  "  fell  over  the  fence." 
The  judge  requested  the  voters  to  take  an  oath  that  they  were  actual  residents. 
They  objected  at  first,  some  saying  they  had  a  claim,  or  "  I  am  here."  But 
the  free  state  judge  insisted  upon  the  oath,  and  his  associates,  who  at  first  were 
disposed  to  waive  it,  coincided  with  him,  and  the  voters  all  took  it  after  some 
grumbling.  One  said  he  cut  him  some  poles  and  laid  them  in  the  shape  of  a 
square,  and  that  made  him  a  claim ;  and  another  said  that  he  had  cut  him  a 
few  sticks  of  wood,  and  that  made  him  a  claim. 

For  some  time  previous  to  the  election,  meetings  were  held  and  arrange 
ments  made  in  Missouri  to  get  up  companies  to  come  over  to  the  territory  and 
vote,  and  the  day  before  and  on  the  day  of  election,  large  bodies  of  Missou 
rians  from  Platte,  Clay,  Ray,  Charlton,  Carrol,  Clinton,  and  Saline  counties, 
Missouri,  came  into  the  XVIth  district  and  camped  there.  They  were  armed  with 
pistols  and  bowie-knives,  and  sum  with  guns  and  rifles,  and  had  badges  of 
hemp  in  their  button-holes  and  elsewhere  about  their  persons. 

On  the  morning  of  the  election  there  were  from  1,000  to  1,400  persons 
present  on  the  ground.  Previous  to  the  election,  the  Missourians  endeavored 
to  persuade  the  free  state  judges  to  resign  by  making  threats  of  personal  vio 
lence  to  them,  one  of  whom  resigned  on  the  morning  of  election,  and  the 
crowd  chose  another  to  fill  his  place.  But  one  of  the  judges,  the  free  state 
judge,  would  take  the  oath  prescribed  by  the  governor,  the  other  two  deciding 
that  they  had  no  right  to  swear  any  one  who  offered  to  vote,  but  that  all  on 
the  ground  were  entitled  to  vote.  The  only  votes  refused  were  some  Delaware 
Indians,  some  30  Wyandot  Indians  being  allowed  to  vote. 

One  of  the  free  state  candidates  withdrew  in  consequence  of  the  presence  of 
the  Missourians,  amid  cheering  and  acclamations  by  the  Missourians.  During 
the  day,  the  steamboat  New  Lucy  came  down  from  Western  Missouri,  with  a 
large  number  of  Missourians  on  board,  who  voted  and  then  returned  on  the 
boat. 

The  Missourians  gave  as  a  reason  for  their  coming  over  to  vote,  that  the 
north  had  tried  to  force  emigration  into  the  territory,  and  they  wanted  to  coun- 


694  KANSAS  AFFAIRS. 

teract  that  movement.  Some  of  the  candidates  and  many  of  the  Missourians 
took  the  ground  that,  under  the  Kansas-Nebraska  act,  all  who  were  on  the 
ground  on  the  day  of  election  were  entitled  to  vote,  and  others,  that  laying 
out  a  town,  staking  a  lot,  or  driving  down  stakes,  even  on  another  man's  claim, 
gave  them  a  right  to  vote.  And  one  of  the  members  of  the  council,  R.  R. 
Rees,  declared  in  his  testimony  that  he  who  should  put  a  different  construction 
upon  the  law  must  be  either  a  knave  or  a  fool. 

The  free  state  men  generally  did  not  vote  at  that  election ;  and  no  newly 
arrived  eastern  emigrants  were  there.  The  free  state  judge  of  election  refused 
to  sign  the  returns  until  the  words  "by  lawful  resident  voters"  were  stricken 
out,  which  was  done,  and  the  returns  made  in  that  way.  The  election  was 
contested,  and  a  new  election  ordered  by  Governor  Reeder  for  the  22d  of 
May. 

The  testimony  is  divided  as  to  the  relative  strength  of  parties  in  this  dis 
trict.  The  whole  number  of  voters  in  the  district,  according  to  the  census 
returns,  was  385 ;  and  according  to  a  very  carefully  prepared  list  of  voters, 
prepared  for  the  pro-slavery  candidates  and  other  pro-slavery  men,  a  few  days 
previous  to  the  election,  there  were  305  voters  in  the  district,  including  those 
who  had  claims  but  did  not  live  on  them.  The  whole  number  of  votes  cast 
was  964.  Of  those  named  in  the  census,  106  voted.  Your  committee,  upon 
careful  examination,  are  satisfied  that  there  were  not  over  150  legal  votes  cast, 
leaving  814  illegal  votes. 

The  election  in  the  XYIIth  district  seems  to  have  been  fairly  conducted,  and 
not  contested  at  all.  In  this  district  the  pro-slavery  party  had  the  majority. 

Previous  to  the  election,  Gen.  David  R.  Atchison,  of  Platte  City,  Mo.,  got 
up  a  company  of  Missourians,  and  passing  through  Weston,  Mo.,  went  over 
into  the  territory.  He  remained  all  night,  and  then  exhibited  his  arms,  of 
which  he  had  an  abundance.  He  proceeded  to  the  Nemohaer  (XVIIIth)  dis 
trict.  On  his  way,  he  and  his  party  attended  a  nominating  convention  in  the 
XlVth  district,  and  proposed  and  caused  to  be  nominated  a  set  of  candidates 
in  opposition  to  the  wishes  of  the  pro-slavery  residents  of  the  district.  At 
that  convention  he  said  that  there  were  1,100  men  coming  over  from  Platte 
county,  and  if  that  wasn't  enough  they  could  send  5,000  more — that  they 
came  to  vote,  and  would  vote  or  kill  every  G — d  d — d  abolitionist  in  the  ter 
ritory. 

On  the  day  of  election,  the  Missourians  under  Atchison,  who  were  encamp 
ed  there,  came  up  to  the  polls  in  the  XVIIIth  district,  taking  the  oath  that 
they  were  residents  of  the  district.  The  Missourians  were  all  armed  with 
pistols  or  bowie-knives,  and  said  there  were  60  in  their  company.  But  17 
votes  given  on  that  day  were  given  by  residents  of  the  district.  The  whole 
number  of  votes  was  62. 

Your  committee  report  the  following  facts  not  shown  by  the  tables  :  Of  the 
twenty-nine  hundred  and  five  voters  named  in  the  census-rolls,  eight  hundred 
and  thirty-one  are  found  on  the  poll-books.  Some  of  the  settlers  were  pre 
vented  from  attending  the  election  by  the  distance  of  their  homes  from  the 


REPORT  OF  INVESTIGATING  COMMITTEE.  695 

polls ;  but  the  great  majority  were  deterred  by  the  open  avowal  that  large 
bodies  of  armed  Missourians  would  be  at  the  polls  to  vote,  and  by  the  fact  that 
they  did  so  appear  and  control  the  election.  The  same  causes  deterred  the 
free  state  settlers  from  running  candidates  in  several  districts,  and  in  others 
induced  the  candidates  to  withdraw. 

The  poll-books  of  the  lid  and  Ylllth  districts  were  lost ;  but  the  proof  is 
quite  clear  that,  in  the  lid  district,  there  were  thirty,  and  in  the  Ylllth  dis- 
trrict  thirty-eight  legal  votes,  making  a  total  of  eight  hundred  and  ninety- 
eight  legal  voters  of  the  territory,  whose  names  are  on  the  census  returns ;  and 
yet  the  proof,  in  the  state  in  which  we  are  obliged  to  present  it,  after  excluding 
illegal  votes,  leaves  the  total  vote  of  1,310,  showing  a  discrepancy  of  412. 
The  discrepancy  is  accounted  for  in  two  ways  :  first,  the  coming  in  of  settlers 
before  the  March  election,  and  after  the  census  was  taken,  or  settlers  who  were 
omitted  in  the  census ;  or  secondly,  the  disturbed  state  of  the  territory  while 
we  were  investigating  the  elections  in  some  of  the  districts,  thereby  preventing 
us  from  getting  testimony  in  relation  to  the  names  of  legal  voters  at  the  time 
of  election. 

If  the  election  had  been  confined  to  the  actual  settlers,  undeterred  by  the 
presence  of  non-residents,  or  the  knowledge  that  they  would  be  present  hi 
numbers  sufficient  to  out-vote  them,  the  testimony  indicates  that  the  council 
would  have  been  composed  of  seven  in  favor  of  making  Kansas  a  free  state, 
elected  from  the  1st,  lid,  Hid,  lYth,  and  YIth  council  districts.  The  result 
in  the  Ylllth  and  Xth,  electing  three  members,  would  have  been  doubtful,  and 
the  Yth,  Yllth,  and  IXth  would  have  elected  three  pro-slavery  members. 

Under  like  circumstances,  the  house  of  representatives  would  have  been  com 
posed  of  fourteen  members  in  favor  of  making  Kansas  a  free  state,  elected  from 
the  lid  Hid,  lYth,  Yth,  Yllth,  Ylllth,  IXth,  and  Xth  representative 
districts. 

The  result  in  the  Xllth  and  XIYth  representative  districts,  electing  five 
members,  would  have  been  doubtful,  and  the  1st,  YIth,  Xlth,  and  XYth  dis 
tricts  would  have  elected  seven  pro-slavery  members. 

By  the  election,  as  conducted,  the  pro-slavery  candidates  in  every  district  but 
the  Ylllth  representative  district,  received  a  majority  of  the  votes ;  and  sev 
eral  of  them,  in  both  the  council  and  the  house,  did  not  "reside  in,"  and 
were  not  "inhabitants  of"  the  district  for  which  they  were  elected,  as  required 
by  the  organic  law.  By  that  act  it  was  declared  to  be  the  true  intent  and 
meaning  of  this  act  to  leave  the  people  thereof  perfectly  free  to  form  and  reg 
ulate  their  domestic  institutions  in  their  own  way,  subject  to  the  constitution  of 
the  United  States. 

So  careful  was  congress  of  the  right  of  popular  sovereignty,  that  to  secure 
it  to  the  people,  without  a  single  petition  from  any  portion  of  the  country,  they 
removed  the  restriction  against  slavery  imposed  by  the  Missouri  compromise. 
And  yet  this  right,  so  carefully  secured,  was  thus  by  force  and  fraud  over 
thrown  by  a  portion  of  the  people  of  an  adjoining  state. 

The  striking  difference  between  this  republic  and  other  republics  on  this  con- 


696  KANSAS  AFFAIRS. 

tinent,  is  not  in  the  provisions  of  constitutions  and  laws,  but  that  here  changes 
in  the  administration  of  those  laws  have  been  made  peacefully  and  quietly 
through  the  ballot-box.  This  invasion  is  the  first  and  only  one  in  the  history 
of  our  government,  by  which  an  organized  force  from  one  state  has  elected  a 
legislature  for  another  state  or  territory,  and  as  such  it  should  have  been 
resisted  by  the  whole  executive  power  of  the  national  government. 

Your  committee  are  of  the  opinion  that  the  constitution  and  laws  of  the 
United  States  have  invested  the  president  and  governor  of  the  territory  with 
ample  power  for  this  purpose.  They  could  only  act  after  receiving  authentic 
information  of  the  facts,  but  when  received,  whether  before  or  after  the  certifi 
cates  of  election  were  granted,  this  power  should  have  been  exercised  to  its 
fullest  extent.  It  is  not  to  be  tolerated  that  a  legislative  body  thus  selected 
should  assume  or  exercise  any  legislative  functions ;  and  their  enactments  should 
be  regarded  as  null  and  void  ;  nor  should  the  question  of  its  legal  existence 
as  a  legislative  body  be  determined  by  itself,  as  that  would  be  allowing  the 
criminal  to  judge  of  his  own  crime.  In  section  twenty -two  of  the  organic  act, 
it  is  provided  that  "  the  persons  having  the  highest  number  of  legal  votes  in 
each  of  said  council  districts  for  members  of  the  council,  shall  be  declared  by 
the  governor  to  be  duly  elected  to  the  council,  and  the  persons  having  the  high 
est  number  of  legal  votes  for  the  house  of  representatives,  shall  be  declared  by 
the  governor  duly  elected  members  of  said  house."  The  proclamation  of  the 
governor  required  a  verified  notice  of  a  contest,  when  one  was  made,  to  be  filed 
with  him  within  four  days  after  the  election.  Within  that  time  he  did  not  ob 
tain  information  as  to  force  or  fraud  in  any  except  the  following  districts,  and 
in  these  there  were  material  defects  in  the  returns  of  election.  Without  de 
ciding  upon  his  power  to  set  aside  elections  for  force  and  fraud,  they  were  set 
aside  for  the  following  reasons  : 

In  the  1st  district,  because  the  words  "by  lawful  resident  voters,"  were 
stricken  from  the  returns. 

In  the  lid  district,  because  the  oath  was  administered  by  G.  W.  Taylor,  who 
was  not  authorized  to  administer  an  oath. 

In  the  Hid  district,  because  material  erasures  from  the  printed  form  of  the 
oath  were  purposely  made. 

In  the  IVth  district,  for  the  same  reason. 

In  the  Vllth  district,  because  the  judges  were  not  sworn  at  all. 

In  the  Xlth  district,  because  the  returns  show  the  election  to  hav^  been  held 
viva  voce  instead  of  by  ballot. 

In  the  XVIth  district,  because  the  words  "  by  lawful  residence"  were  stricken 
from  the  returns. 

Although  the  fraud  and  force  in  other  districts  were  equally  great  as  in  these, 
yet  as  the  governor  had  no  information  in  regard  to  them,  he  issued  certificates 
according  to  the  returns. 

Your  committee  here  felt  it  to  be  their  duty  not  only  to  inquire  into  and  col 
lect  evidence  in  regard  to  force  and  fraud  attempted  and  practiced  at  the  elec 
tions  in  the  territory,  but  also  into  the  facts  and  pretexts  by  which  this  force 


REPORT  OF  INVESTIGATING  COMMITTEE.  697 

aud  fraud  has  been  excused  and  justified ;  and  for  this  purpose,  your  commit 
tee  have  allowed  the  declarations  of  non-resident  voters  to  be  given  as  evi 
dence  in  their  own  behalf;  also  the  declarations  of  all  those  who  came  up  the 
Missouri  river  as  emigrants,  in  March,  1855,  whether  they  voted  or  not,  and 
whether  they  came  into  the  territory  at  all  or  not ;  and  also  the  rumors  which 
were  circulated  among  the  people  of  Missouri  previous  to  the  election.  The 
great  body  of  the  testimony  taken  at  the  instance  of  the  sitting  delegate  is  of 
this  character. 

When  the  declarations  of  parties  passing  up  the  river  were  ofi'ered  in  evi 
dence,  your  committee  received  them  upon  the  distinct  statement  that  they 
would  be  excluded  unless  the  persons  making  the  declarations  were  by  other 
proof  shown  to  have  been  connected  with  the  elections.  This  proof  was  not 
made,  and  therefore  much  of  this  class  of  testimony  is  incompetent  by  the  rules 
of  law,  but  is  allowed  to  remain  as  tending  to  show  the  cause  of  the  action  of 
the  citizens  of  Missouri. 

The  alleged  causes  of  the  invasion  of  March,  1855,  are  included  in  the  fol 
lowing  charges : 

I.  That  the  New  England  Aid  Society  of  Boston  was  then  importing  into 
the   territory  large  numbers  of  men  merely  for  the  purpose  of  controlling  the 
elections.     That  they  came  without  women,  children,  or  baggage,  went  into 
the  territory,  voted,  and  returned  again. 

II.  That  men  were  hired  in  the  eastern  or  northern  states,  or  induced  to  go 
into  the  territory  solely  to  vote,  and  not  to  settle,  and  by  so  doing  to  make  it 
a  free  state. 

III.  That  the  governor  of  the  territory  purposely  postponed  the  day  of 
election  to  allow  this  emigration  to  arrive,  and  notified  the  emigrant  aid  soci 
ety,  and  persons  in  the  eastern  states,  of  the  day  of  election,  before  he  gave 
notice  to  the  people  of  Missouri  and  the  territory. 

That  these  charges  were  industriously  circulated  ;  that  grossly  exaggerated 
statements  were  made  in  regard  to  them ;  that  the  newspaper  press  and  lead 
ing  men  in  public  meetings  in  western  Missouri,  aided  in  one  case  by  a  chap 
lain  of  the  United  States  army,  gave  currency  and  credit  to  them,  and  thus  ex 
cited  the  people,  and  induced  many  well-meaning  citizens  of  Missouri  to  march 
into  the  territory  to  meet  and  repel  the  alleged  eastern  paupers  and  abolition 
ists,  is  fully  proven  by  many  witnesses. 

But  these  charges  are  not  sustained  by  the  proof. 

In  April,  1854,  the  general  assembly  of  Massachusetts  passed  an  act  entitled 
"  An  act  to  incorporate  the  Massachusetts  Emigrant  Aid  Society."  The  ob 
ject  of  the  society,  as  declared  in  the  first  section  of  this  act,  was  "for  the  pur 
pose  of  assisting  emigrants  to  settle  in  the  west."  The  moneyed  capital  of  the 
corporation  was  not  to  exceed  five  millions  of  dollars ;  but  no  more  than  four 
per  cent,  could  be  assessed  during  the  year  1854,  and  no  more  than  ten  per 
cent,  in  any  one  year  thereafter.  N"o  organization  was  perfected,  or  proceed 
ings  had,  under  this  law. 

On  the  24th  of  July,  1854,  certain  persons  in  Boston,  Massachusetts,  con- 
45 


698  KANSAS  AFFAIRS. 

eluded  articles  of  agreement  and  association  for  an  emigrant  aid  society.  The 
purpose  of  this  association  was  declared  to  be  "  assisting  emigrants  to  settle  in 
the  west."  Under  these  articles  of  association,  each  stockholder  was  individ 
ually  liable.  To  avoid  this  difficulty,  an  application  was  n;ndo  to  the  general 
assembly  of  Massachusetts  for  an  act  of  incorporation,  which  was  granted. 
On  the  21st  day  of  February,  1855,  an  act  was  passed  to  incorporate  the  New 
England  Emigrant  Aid  Company.  The  purposes  of  this  act  were  declared  to 
be  "  directing  emigration  westward,  and  aiding  and  providing  accommodation 
for  the  emigrants  after  arriving  at  their  place  of  destination."  The  capital 
stock  of  the  corporation  was  not  to  exceed  one  million  of  dollars.  Under  this 
charter  a  company  was  organized. 

Your  committee  have  examined  some  of  its  officers  and  a  portion  of  its  cir 
culars  and  records  to  ascertain  what  has  been  done  by  it.  The  public  atten 
tion,  at  that  time,  was  directed  to  the  territory  of  Kansas,  and  emigration  nat 
urally  tended  in  that  direction.  To  ascertain  its  character  and  resources,  this 
company  sent  its  agent  into  it,  and  the  information  thus  obtained  was  publish 
ed.  The  company  made  arrangements  with  various  lines  of  transportation  to 
reduce  the  expense  of  emigration  into  the  territory,  and  procured  tickets  at  the 
reduced  rates.  Applications  were  made  to  the  company  by  persons  desiring  to 
emigrate,  and  when  they  were  numerous  enough  to  form  a  party  of  convenient 
size,  tickets  were  sold  to  them  at  the  reduced  rates.  An  agent  acquainted  with 
the  route  was  selected  to  accompany  them.  Their  baggage  was  checked,  and 
all  trouble  and  danger  of  loss  to  the  emigrant  in  this  way  avoided. 

.  Under  these  arrangements,  companies  went  into  the  territory  in  the  fall  of 
1854,  under  the  articles  of  association  referred  to.  The  company  did  not  pay 
any  portion  of  the  fare,  or  furnish  any  real  or  personal  property  to  the  emi 
grant.  The  company  during  1855  sent  into  the  territory  from  eight  to  ten 
saw-mills,  purchased  one  hotel  in  Kansas  City,  which  they  subsequently  sold, 
built  one  hotel  at  Lawrence,  and  owned  one  other  building  in  that  place.  In 
some  cases,  to  induce  them  to  make  improvements,  town  lots  were  given  to  them 
by  town  associations  in  this  territory.  They  held  no  property  of  any  other 
kind  or  description.  They  imposed  no  condition  upon  their  emigrants,  and  did 
not  inquire  into  their  political,  religious,  or  social  opinions.  The  total  amount 
expended  by  them,  including  the  salaries  of  their  agents  and  officers,  and  the 
expenses  incident  to  all  organizations,  was  less  than  $100,000. 

Their  purposes,  as  far  as  your  committee  can  ascertain,  were  lawful,  and  con 
tributed  to  supply  those  wants  most  experienced  in  the  settlement  of  a  new 
country. 

The  only  persons  or  company  who  emigrated  into  the  territory  under  the 
auspices  of  the  emigrant  aid  society  in  1855,  prior  to  the  election  in  March, 
was  a  party  of  159  persons,  who  came  under  the  charge  of  Charles  Robinson. 

In  this  party  there  were  67  women  and  children.  They  came  as  actual  set 
tlers,  intending  to  make  their  homes  in  the  territory,  and  for  no  other  purpose. 
They  had  about  their  persons  but  little  baggage  ;  usually  sufficient  clothing  in 
a  carpet-sack  for  a  short  time.  Their  personal  effects,  such  as  clothing,  furni- 


REPORT  OF  INVESTIGATING  COMMITTEE.  699 

tnre,  etc.,  was  put  into  trunks  and  boxes ;  and  for  convenience  in  selecting  and 
cheapness  in  transporting,  was  marked  "Kansas  party  baggage,  care  B.  Slater, 
St.  Louis."  Generally  this  was  consigned  as  freight,  in  the  usual  way,  to  the 
care  of  a  commission  merchant.  This  party  had,  in  addition  to  the  usual  al 
lowance  of  one  hundred  pounds  to  each  passenger,  a  large  quantity  of  bag 
gage,  on  which  the  respective  owners  paid  the  usual  extra  freight.  Each  pas 
senger  or  party  paid  his  or  their  own  expenses  ;  and  the  only  benefit  they  de 
rived  from  the  society,  not  shared  by  all  the  people  of  the  territory,  was  the 
reduction  of  about  $1  in  the  price  of  the  fare,  the  convenience  of  traveling  In 
a  company  instead  of  alone,  and  the  cheapness  and  facility  of  transporting  their 
freight  through  regular  agents.  Subsequently,  many  emigrants,  being  either 
disappointed  with  the  country  or  its  political  condition,  or  deceived  by  the 
statements  made  by  the  newspapers  and  by  the  agents  of  the  society,  became 
dissatisfied,  and  returned,  both  before  and  after  the  election,  to  their  old  homes. 
Most  of  them  are  now  settlers  in  the  territory.  Some  few  voted  at  the  election 
in  Lawrence,  but  the  number  was  small.  The  names  of  these  emigrants  have 

been  ascertained,  and  of  them  were  found  upon  the  poll-books.  This 

company  of  peaceful  emigrants,  moving  with  their  household  goods,  was  dis 
torted  into  an  invading  horde  of  pauper  abolitionists,  who  were,  with  others  of 
a  similar  character,  to  control  the  domestic  institutions  of  the  territory,  and 
then  overturn  those  of  a  neighboring  powerful  state. 

In  regard  to  the  second  charge  :  There  is  no  proof  that  any  man  was  either 
hired  or  induced  to  come  into  the  territory  from  any  free  state,  merely  to  vote. 
The  entire  emigration  in  March,  1855,  is  estimated  at  500  persons,  including 
men,  women,  and  children.  They  came  on  steamboats  up  the  Missouri  river, 
in  the  ordinary  course  of  emigration.  Many  returned  for  causes  similar  to 
those  before  stated ;  but  the  body  of  them  are  now  residents.  The  only  per 
sons  of  those  who  were  connected  by  proof  with  the  election,  were  some  who 
voted  at  the  Big  Blue  precinct  in  the  Xth  district,  and  at  Pawnee  in  the  IXth 
district.  Their  purpose  and  character  are  stated  in  a  former  part  of  this  re 
port. 

The  third  charge  is  entirely  groundless. 

Your  committee  are  satisfied  that  these  charges  were  made  the  mere  pretext 
to  induce  an  armed  invasion  into  the  territory,  as  a  means  to  control  the  elec 
tion  and  establish  slavery  there. 

The  real  purpose  is  avowed  and  illustrated  by  the  testimony  and  conduct 
of  Col.  John  Scott,  of  St.  Joseph,  Missouri,  who  acted  as  the  attorney  for  the 
sitting  delegate  before  your  committee.  The  following  is  an  extract  from  his 
deposition  :  ^ 

't*k  i   ''  *!»•{*. 

"It  is  my  intention,  and  the  intention  of  a  great  many  other  .Missourians  new  resi 
dent  in  Missouri,  whenever  the  slavery  issue  is  to  be  determined  upon  by  the  people  of 
this  territory  in  the  adoption  of  the  state  constitution,  to  remove  to  this  territory  in  time 
to  acquire  the  right  to  become  legal  voters  upon  that  question.  The  leading  purpose  of 
our  intended  removal  to  the  territory  is  to  determine  the  domestic  institutions  of  this 
territory,  when  it  comes  to  be  a  state,  and  we  would  not  come  but  for  that  purpose,  and 


700  KANSAS  AFFAIRS. 

would  never  think  of  coming  here  but  for  that  purpose.     I  believe  there  arr  a  groat 
many  in  Missouri  who  are  so  situated, " 

The  invasion  of  March  30th  left  both  parties  in  a  state  of  excitement,  tend 
ing  directly  to  produce  violence.  The  successful  party  was  lawless  and  reck 
less,  while  assuming  the  name  of  the  "law  and  order"  party.  The  other 
party,  at  first  surprised  and  confounded,  was  greatly  irritated,  and  some 
resolved  to  prevent  the  success  of  the  invasion.  In  some  districts  protests 
were  sent  to  the  governor ;  in  others  this  was  prevented  by  threats ;  in  others, 
by  the  want  of  time,  only  four  days  being  allowed  by  the  proclamation  for  this 
purpose  ;  and  in  others,  by  the  belief  that  a  new  election  would  bring  a  new 
invasion.  About  the  same  time  all  classes  of  men  commenced  bearing  deadly 
weapons  about  their  person,  a  practice  which  has  continued  to  this  time.  Un 
der  these  circumstances,  a  slight  or  accidental  quarrel  produced  unusual 
violence,  and  lawless  acts  became  frequent.  This  evil  condition  of  the  public 
mind  was  further  increased  by  acts  of  violence  in  Western  Missouri,  where, 
in  April,  a  newspaper  press  called  "  The  Parkville  Luminary  "  was  destroyed 
by  a  mob. 

About  the  same  time,  Malcolm  Clark  assaulted  Cole  McCrea,  at  a  squatter 
meeting  in  Leavenworth,  and  was  shot  by  McCrea,  in  alleged  self-defense. 

On  the  17th  day  of  May,  William  Phillips,  a  lawyer  of  Leavenworth,  was 
first  notified  to  leave,  and  upon  his  refusal,  was  forcibly  seized,  taken  across  the 
river,  and  carried  several  miles  into  Missouri,  and  then  tarred  and  feathered, 
and  one  side  of  his  head  shaved,  and  other  gross  indignities  put  upon  his 

•  "•';   ^     '•''•",  I-*' ,"*•  t*      fti    <i  -i  >'.-i '«•  'rr.fm    '»•)*'    ..    !.••."*' 

person. 

Previous  to  the  outrage,  a  public  meeting  was  held,  at  which  resolutions 
were  unanimously  passed,  looking  to  unlawful  violence,  and  grossly  intolerant 
in  their  character.  The  right  of  free  speech  upon  the  subject  of  slavery  was 
characterized  as  a  disturbance  of  the  peace  and  quiet  of  the  community,  and 
as  "circulating  incendiary  sentiments."  They  say  "to  the  peculiar  friends  of 
northern  fanatics,"  "  go  home  and  do  your  treason  where  you  may  find  sympa 
thy."  Among  other  resolves  is  the  following : 

$*%  rimmvsfw  .*$?*#£?  Mr-. 

"  Resolved,  That  the  institution  of  slavery  is  known  and  recognized  in  this  territory ; 
that  we  repel  the  doctrine  that  it  is  a  moral  and  political  evil,  and  we  hurl  back  with 
scorn  upon  its  slanderous  authors  the  charge  of  inhumanity  ;  and  we  warn  all  persons 
not  to  come  to  our  peaceful  firesides  to  slander  us,  and  sow  the  seeds  of  discord  between 
the  master  and  the  servant ;  for,  as  much  as  we  deprecate  the  necessity  to  which  we  may 
be  driven,  we  cannot  be  responsible  for  the  consequences." 

A  committee  of  vigilance  of  thirty  men  was  appointed,  "to  ooserve  and 
report  all  such  persons  as  shall,  *  *  *  *  by  the  expression  of  abolition  senti 
ments,  produce  disturbance  to  the  quiet  of  the  citizens,  or  danger  to  their 
domestic  relations ;  and  all  such  persons  so  offending,  shall  be  notified,  and 
made  to  leave  the  territory." 

The  meeting  was  "  ably  and  eloquently  addressed  by  Judge  Leconipte,  CoL 
J.  N.  Burns,  of  Western  Missouri,  and  others."  Thus  the  head  of  the  judl- 


REPORT  OF  INVESTIGATING  COMMITTEE.  701 

ciary  in  the  territory,  not  only  assisted  at  a  public  and  bitterly  partisan  meeting, 
whose  direct  tendency  was  to  produce  violence  and  disorder,  but  before  any  law 
is  passed  in  the  territory,  he  prejudges  the  character  of  domestic  institutions, 
which  the  people  of  the  territory  were,  by  their  organic  law,  "  left  perfectly 
free  to  form  and  regulate  in  their  own  way." 

On  this  committee  were  several  of  those  who  held  certificates  of  election  as 
members  of  the  legislature ;  some  of  the  others  were  then  and  still  are  resi 
dents  of  Missouri ;  and  many  of  the  committee  have  since  been  appointed  to 
the  leading  offices  in  the  territory,  one  of  which  is  the  sheriffalty  of  the  county. 
Their  first  act  was  that  of  mobbing  Phillips.  '  ^  •• 

Subsequently,  on  the  25th  of  May,  A.  D.  1855,  a  public  meeting  was  held, 
at  which  R.  R.  Rees,  a  member  elect  of  the  council,  presided.  The  following 
resolutions,  offered  by  Judge  Payne,  a  member  elect  of  the  house,  were  unani 
mously  adopted : 

"Resolved,  That  we  heartily  indorse  the  action  of  the  committee  of  citizens  that 
shaved,  tarred  and  feathered,  rode  on  a  rail,  and  had  sold  by  a  negro,  Wm.  Phillips,  the 
moral  perjurer. 

' '  Resolved,  That  we  return  our  thanks  to  the  committee  for  faithfully  performing  the 
trust  enjoined  upon  them  by  the  pro-slavery  party. 

"Resolved,  That  the  committee  be  now  discharged. 

"  Resolved,  That  we  severely  condemn  those  pro-slavery  men  who,  from  mercenary 
motives,  are  calling  upon  the  pro-slavery  party  to  submit  without  further  action. 

1 '  Resolved,  That  in  order  to  secure  peace  and  harmony  to  the  community,  we  now 
solemnly  declare  that  the  pro-slavery  party  will  stand  firmly  by  and  carry  out  the  reso 
lutions  reported  by  the  committee  appointed  for  that  purpose  on  the  memorable  30th." 

The  act  of  moral  perjury  here  referred  to,  is  the  swearing  by  Phillips  to  a 
truthful  protest  in  regard  to  the  election  of  March  30,  in  the  XVIth  district. 

The  members  receiving  their  certificates  of  the  governor  as  members  of  the 
general  assembly  of  the  territory,  met  at  Pawnee,  the  place  appointed  by  the 
governor,  on  the  2d  of  July,  A.  D.  1855.  Their  proceedings  are  stated  in 
three  printed  books,  herewith  submitted,  entitled  respectively,  "  The  Statutes 
of  the  Territory  of  Kansas ;  "  "  The  Journal  of  the  Council  of  the  Territory 
of  Kansas  ;  "  and  "  The  Journal  of  the  House  of  Representatives  of  the  Ter 
ritory  of  Kansas." 

Your  committee  do  not  regard  their  enactments  as  valid  laws.  A  legisla 
ture  thus  imposed  upon  a  people,  cannot  affect  their  political  rights.  Such  an 
attempt  to  do  so,  if  successful,  is  virtually  an  overthrow  of  the  organic  law, 
and  reduces  the  people  of  the  territory  to  the  condition  of  vassals  to  a  neigh 
boring  state.  The  great  body  of  the  general  laws  are  exact  transcripts  from 
the  Missouri  code.  To  make  them  in  some  cases  conform  to  the  organic  act, 
separate  acts  were  passed,  defining  the  meaning  of  words.  Thus  the  word 
"state"  is  to  be  understood  as  meaning  "territory; "  the  word  "  county  court" 
shall  be  considered  to  mean  the  board  of  commissioners  transacting  county 
business,  or  the  probate  court,  according  to  the  intent  thereof.  The  words 
"  circuit  court "  to  mean  "  district  court" 


702  KANSAS   AFFAIRS. 

The  material  differences  in  the  Missouri  and  Kansas  statutes  are  upon  the 
following  subjects  :  The  qualifications  of  voters  and  of  members  of  the  legis 
lative  assembly ;  the  official  oath  of  all  officers,  attorneys,  and  voters ;  the 
mode  of  selecting  officers,  and  their  qualifications ;  the  slave  code,  and  the 
qualifications  of  jurors. 

Upon  these  subjects  the  provisions  of  the  Missouri  code  are  such  as  are 
usual  in  many  of  the  states.  But  by  the  "  Kansas  statutes,"  every  office  in  the 
territory,  executive  and  judicial,  was  to  be  appointed  by  the  legislature,  or  by 
some  officer  appointed  by  it.  These  appointments  were  not  merely  to  meet  a 
temporary  exigency,  but  were  to  hold  over  two  regular  elections,  and  until 
after  the  general  election  in  October,  185T,  at  which  the  members  of  the  new 
council  were  to  be  elected.  The  new  legislature  is  required  to  meet  on  the  first 
Monday  in  January,  1858.  Thus,  by  the  terms  of  these  "laws,"  the  people 
have  no  control  whatever  over  either  the  legislative,  the  executive,  or  the  judi 
cial  departments  of  the  territorial  government  until  a  time  before  which,  by 
the  natural  progress  of  population,  the  territorial  government  will  be  super 
seded  by  a  state  government. 

No  session  of  the  legislature  is  to  be  held  during  1856,  but  the  members  of 
the  house  are  to  be  elected  in  October  of  that  year.  A  candidate,  to  be  eligi 
ble  at  this  election,  must  swear  to  support  the  fugitive  slave  law,  and  each 
judge  of  election,  and  each  voter,  if  challenged,  must  take  the  same  oath.  The 
same  oath  is  required  of  every  officer  elected  or  appointed  in  the  territory,  and 
of  every  attorney  admitted  to  practice  in  the  courts. 

A  portion  of  the  militia  is  required  to  muster  on  the  day  of  election. 
"  Every  free  white  male  citizen  of  the  United  States,  and  every  free  male 
Indian,  who  is  made  a  citizen  by  treaty  or  otherwise,  and  over  the  age  of  twen 
ty-one  years,  and  who  shall  be  an  inhabitant  of  the  territory,  and  of  the  county 
and  district  in  which  he  offers  to  vote,  and  shall  have  paid  a  territorial  tax, 
shall  be  a  qualified  elector  for  all  elective  offices."  Two  classes  of  persons 
were  thus  excluded,  who  by  the  organic  act  were  allowed  to  vote,  viz  :  those 
who  would  not  swear  to  the  oath  required,  and  those  of  foreign  birth  who  had 
declared  on  oath  their  intention  to  become  citizens.  Any  man  of  proper  age 
who  was  in  the  territory  on  the  day  of  election,  and  who  had  paid  one  dollar 
as  a  tax  to  the  sheriff,  who  was  required  to  be  at  the  polls  to  receive  it,  could 
vote  as  an  "inhabitant,"  although  he  had  breakfasted  in  Missouri,  and  intended 
'to  return  there  for  supper.  There  can  be  no  doubt  that  this  unusual  and 
unconstitutional  provision  was  inserted  to  prevent  a  full  and  fair  expression  of 
the  popular  will  in  the  election  of  members  of  the  house,  or  to  control  it  by 
non-residents.  • 

All  jurors  are  required  to  be  selected  by  the  sheriff,  and  "  no  person  who  is 
conscientiously  opposed  to  the  holding  of  slaves,  or  who  does  not  admit  the 
right  to  hold  slaves  in  the  territory,  shall  be  a  juror  in  any  cause  "  affecting  the 
right  to  hold  slaves,  or  relating  to  slave  property. 

The  slave  code,  and  every  provision  relating  to  slaves,  are  of  a  character 
intolerent  and  unusual,  even  for  that  class  of  legislation.  The  character  and 


REPORT  OP  INVESTIGATING  COMMITTEE.  703 

conduct  of  the  men  appointed  to  hold  office  in  the  territory  contributed  very 
much  to  produce  the  events  which  followed.  Thus,  Samuel  J.  Jones  was  ap 
pointed  sheriff  of  the  county  of  Douglas,  which  included  within  it  the  1st  and 
lid  election  districts.  He  had  made  himself  peculiarly  obnoxious  to  the  set 
tlers  by  his  conduct  on  the  30th  of  March,  in  the  lid  district,  and  by  his  burn 
ing  the  cabins  of  Joseph  Oakley  and  Samuel  Smith. 

While  these  enactments  of  the  alleged  legislative  assembly  were  being  made, 
a  movement  was  instituted  to  form  a  state  government,  and  apply  for  admis 
sion  into  the  Union  as  a  state.  The  first  general  meeting  was  held  in  Law 
rence  on  the  15th  of  August,  1855.  The  following  preamble  and  resolutions 
were  then  passed: 

"WHEREAS,  The  people  of  Kansas  have  been,  since  its  settlement,  and  now  are,  with 
out  any  law-making  power ;  therefore,  be  it 

"  Kesolved,  That  we,  the  people  of  Kansas  territory,  in  mass  meeting  assembled,  ir 
respective  of  party  distinctions,  influenced  by  common  necessity,  and  greatly  desirous 
of  promoting  the  common  good,  do  hereby  call  upon  and  request  all  bona  fide  citizens  of 
Kansas  territory,  of  whatever  political  views  or  predilections,  to  consult  together  in  their 
respective  election  districts,  and  in  mass  convention  or  otherwise,  elect  three  delegates 
for  each  representative  to  which  said  election  district  is  entitled  in  the  house  of  repre 
sentatives  of  the  legislative  assembly,  by  proclamation  of  Governor  Reeder,  of  date  19th 
of  March,  1855  ;  said  delegates  to  assemble  in  convention  at  the  town  of  Topeka,  on  the 
19th  day  of  September,  1855,  then  and  there  to  consider  and  determine  upon  all  sub 
jects  of  public  interest,  and  particularly  upon  that  having  reference  to  the  speedy  for 
mation  of  a  state  constitution,  with  an  intention  of  an  immediate  application  to  be  ad 
mitted  as  a  state  into  the  Union  of  the  United  States  of  America. ' ' 

Other  meetings  were  held  in  various  parts  of  the  territory,  which  indorsed 
the  action  of  the  Lawrence  meeting,  and  delegates  w^re  selected  in  compliance 
with  its  recommendations. 

They  met  at  Topeka  on  the  19th  day  of  September,  1855.  By  their  reso 
lutions  they  provided  for  the  appointment  of  an  executive  committee  to  con 
sist  of  seven  persons,  who  were  required  to  "  keep  a  record  of  their  proceed 
ings,  and  shall  have  a  general  superintendence  of  the  affairs  of  the  territory,  so 
far  as  regards  the  organization  of  the  state  government."  They  were  required 
to  take  steps  for  an  election  to  be  held  on  the  second  Tuesday  of  the  October 
following,  under  regulations  imposed  by  that  committee,  "for  members  of  a 
convention  to  form  a  constitution,  adopt  a  bill  of  rights  for  the  people  of  Kan 
sas,  and  take  all  needful  measures  for  organizing  a  state  government,  prepara 
tory  to  the  admission  of  Kansas  into  the  Union  as  a  state."  The  rules  pre 
scribed  were  such  as  usually  govern  elections  in  most  of  the  states  of  the  Union, 
and  in  most  respects  were  similar  to  those  contained  in  the  proclamation  of 
Gov.  Reeder  for  the  election  of  March  30,  1855. 

The  executive  committee,  appointed  by  that  convention,  accepted  their  ap 
pointment,  and  entered  upon  the  discharge  of  their  duties  by  issuing  a  procla 
mation  addressed  to  the  legal  voters  of  Kansas,  requesting  them  to  meet  at 
their  several  precincts,  at  the  time  and  places  named  in  the  proclamation,  then 


704  KANSAS  AFFAIRS.'  **** 

and  there  to  cast  their  ballots  for  members  of  a  constitutional  convention,  to 
meet  at  Topeka  on  the  4th  Tuesday  of  October  then  next. 

The  proclamation  designated  the  [daces  of  elections,  appointed  judges,  re 
cited  the  qualifications  of  voters  and  the  apportionment  of  members  of  the  con 
vention. 

After  this  proclamation  was  issued,  public  meetings  were  held  in  every  dis 
trict  in  the  territory,  and  in  nearly  every  precinct.  The  state  movement  was 
a  general  topic  of  discussion  throughout  the  territory,  and  there  was  but  little 
opposition  exhibited  to  it.  Elections  were  held  at  the  time  and  places  desig 
nated,  and  the  returns  were  sent  to  the  executive  committee. 

The  result  of  the  election  was  proclaimed  by  the  executive  committee,  and 
the  members  elect  were  required  to  meet  on  the  23d  day  of  October,  1855,  at 
Topeka.  In  pursuance  of  this  proclamation  and  direction,  the  constitutional 
convention  met  at  the  time  and  place  appointed,  and  formed  a  state  constitu 
tion.  A  memorial  to  congress  was  also  prepared,  praying  for  the  admission 
of  Kansas  into  the  Union  under  the  constitution.  The  convention  also  pro 
vided  that  the  question  of  the  adoption  of  the  constitution  and  other  questions 
be  submitted  to  the  people,  and  required  the  executive  committee  to  take  the 
necessary  steps  for  that  purpose. 

Accordingly,  an  election  was  held  for  that  purpose  on  the  15th  day  of  De 
cember,  1855,  in  compliance  with  the  proclamation  issued  by  the  executive 
committee.  The  returns  of  this  election  were  made  to  the  executive  commit 
tee,  exhibiting  the  following  result :  For  the  adoption  of  the  constitution, 
IT 31 ;  against  it,  46. 

The  executive  committee  then  issued  a  proclamation  reciting  the  results  of 
the  election  of  the  15th  of  December,  and  at  the  same  time  provided  for  an 
election  to  be  held  on  the  15th  day  of  January,  1856,  for  state  officers  and 
members  of  the  general  assembly  of  the  state  of  Kansas.  The  result  of  this 
election  was  announced  by  a  proclamation  by  the  executive  committee. 

In  accordance  with  the  constitution  thus  adopted,  the  members  of  the  state 
legislature  and  most  of  the  state  officers  met  on  the  day  and  at  the  place  de 
signated  by  the  state  constitution,  and  took  the  oath  therein  prescribed. 

After  electing  United  States  senators,  passing  some  preliminary  laws,  and 
appointing  a  codifying  committee  and  preparing  a  memorial  to  congress,  the 
general  assembly  adjourned  to  meet  on  the  4th  day  of  July,  1856. 

The  laws  passed  were  all  conditional  upon  the  admission  of  Kansas  as  a 
state  into  the  Union.  These  proceedings  were  regular,  and,  in  the  opinion  of 
your  committee,  the  constitution  thus  adopted  fairly  expresses  the  will  of  the 
majority  of  the  settlers.  They  now  await  the  action  of  congress  upon  their 
memorial. 

These  elections,  whether  they  were  conducted  in  pursuance  of  law  or  not, 
were  not  illegal. 

Whether  the  result  of  them  is  sanctioned  by  the  action  of  congress,  or  they 
are  regarded  as  the  mere  expression  of  a  popular  will,  and  congress  should  re 
fuse  to  grant  the  prayer  of  the  memorial,  that  cannot  affect  their  legality.    The 


REPORT  OF  INVESTIGATING  COMMITTEE.  705 

right  of  the  people  to  assemble  and  express  their  political  opinion  in  any  form, 
whether  by  means  of  an  election  or  a  convention,  is  secured  to  them  by  the 
constitution  of  the  United  States.  Even  if  the  elections  are  to  be  regarded 
as  the  act  of  a  party,  whether  political  or  otherwise,  they  were  proper,  in  ac 
cordance  with  examples,  both  in  states  and  territories. 

The  elections,  however,  were  preceded  and  followed  by  acts  of  violence  on 
the  part  of  those  who  opposed  them,  and  those  persons  who  approved  and  sus 
tained  the  invasion  from  Missouri  were  peculiarly  hostile  to  these  peaceful 
movements  preliminary  to  the  organization  of  a  state  government.  Instances 
of  this  violence  will  be  referred  to  hereafter. 

In  the  fall  of  1855,  there  sprang  out  of  the  existing  discords  and  excite 
ment  in  the  territory  two  secret  free  state  societies.  They  were  defensive  in 
their  character,  and  were  designed  to  form  a  protection  to  their  members 
against  unlawful  acts  of  violence  and  assault.  One  of  the  societies  was  purely 
of  a  local  character,  and  was  confined  to  the  town  of  Lawrence.  Very  shortly 
after  its  organization,  it  produced  its  desired  effect,  and  then  went  out  of  use 
and  ceased  to  exist.  Both  societies  were  cumbersome,  and  of  no  utility  ex 
cept  to  give  confidence  to  the  free  state  men,  and  enable  them  to  know  and  aid 
each  other  in  contemplated  danger.  So  far  as  the  evidence  shows,  they  led  to 
no  act  of  violence  in  resistance  to  either  real  or  alleged  laws. 

On  the  21st  day  of  November,  1855,  F.  M.  Coleman,  a  pro-slavery  man, 
and  Charles  "W.  Dow,  a  free-state  man,  had  a  dispute  about  the  division  line 
between  their  respective  claims.  Several  hours  afterward,  as  Dow  was  pass 
ing  from  a  blacksmith's  shop  towards  his  claim,  and  by  the  cabin  of  Coleman, 
the  latter  shot  Dow  with  a  double-barreled  gun  loaded  with  slugs.  Dow  was 
unarmed.  He  fell  across  the  road  and  died  immediately.  This  was  about  1 
o'clock  p.  M.  His  dead  body  was  allowed  to  lie  where  it  fell  until  after  sun 
down,  when  it  was  conveyed  by  Jacob  Branson  to  .his  house,  at  which  Dow 
boarded.  The  testimony  in  regard  to  this  homicide  is  voluminous,  and  shows 
clearly  that  it  was  a  deliberate  murder  by  Coleman,  and  that  Harrison  Buckely 
and  a  Mr.  Hargous  were  accessories  to  it.  The  excitement  caused  by  it  was 
very  great  among  all  classes  of  the  settlers.  On  the  26th,  a  large  meeting  of 
citizens  was  held  at  the  place  where  the  murder  was  committed,  and  resolutions 
passed  that  Coleman  should  be  brought  to  justice.  In  the  meantime  Coleman 
had  gone  to  Missouri,  and  then  to  governor  Shannon,  at  Shawnee  Mission,  in 
Johnson  county.  He  was  there  taken  into  custody  by  S.  J.  Jones,  then  acting 
as  sheriff.  No  warrant  was  issued  or  examination  had.  On  the  day  of  the 
meeting  at  Hickory  Point,  Harrison  Bradley  procured  a  peace  warrant  against 
Jacob  Branson,  which  was  placed  in  the  hands  of  Jones.  That  same  evening, 
after  Branson  had  gone  to  bed,  Jones  came  to  his  cabin  with  a  party  of  about 
25  persons,  among  whom  were  Hargous  and  Buckley — burst  open  the  door 
and  saw  Branson  in  bed.  He  then  drew  his  pistol,  cocked  it,  and  presented  it 
to  Branson's  breast,  and  said,  "  You  are  my  prisoner,  and  if  you  move  I  will 
blow  you  through."  The  others  cocked  their  guns  and  gathered  round  him, 
and  took  him  prisoner.  They  all  mounted  and  went  to  Buckley's  house.  Af- 


706  KANSAS  AFFAIRS. 

ter  a  time  they  went  on  a  circuitous  route  towards  Blanton's  bridge,  stopping 
to  "  drink  "  on  the  way.  As  they  approached  the  bridge,  there  were  13  in  the 
party,  several  having  stopped.  Jones  rode  up  to  the  prisoner,  and  among 
other  things,  told  him  he  had  "  heard  there  were  100  men  at  your  house  to 
day,"  and  "that  he  regretted  they  were  not  there,  and  that  they  were  cheated 
out  of  their  sport."  In  the  meantime  the  alarm  had  been  given  in  the  neigh 
borhood  of  Branson's  arrest,  and  several  of  the  settlers,  among  whom  were 
some  who  had  attended  the  meeting  at  Hickory  Point  that  day,  gathered 
together.  They  were  greatly  excited ;  the  alleged  injustice  of  such  an  arrest 
of  a  quiet  settler,  under  a  peace  warrant  by  "  sheriff  Jones,"  aided  by  two  men 
believed  to  be  accessory  to  a  murder,  and  who  were  allowed  to  be  at  large, 
exasperated  them,  and  they  proceeded  as  rapidly  as  possible  by  a  nearer  route 
than  that  taken  by  Jones,  and  stopped  near  the  house  of  J.  S.  Abbott,  one  of 
them.  They  were  on  foot  as  Jone's  party  approached  on  a  canter.  The  res 
cuers  suddenly  formed  across  the  road  in  front  of  Jones  and  his  party.  Jones 
halted,  and  asked,  "what's  up?"  The  reply  was,  "that's  what  we  want  to 
know.  What's  up?"  Branson  said,  "they  have  got  me  a  prisoner. "  Some 
one  in  the  rescuing  party  told  him  to  come  over  to  their  side.  He  did  so,  and 
dismounted,  and  the  mule  he  rode  was  driven  over  to  Jone's  party  ;  Jones  then 
left.  Of  the  persons  engaged  in  this  rescue,  three  were  from  Lawrence,  and 
had  attended  the  meeting.  Your  committee  have  deemed  it  proper  to  detail 
the  particulars  of  this  rescue,  as  it  was  made  the  groundwork  of  what  is  known 
as  the  Wakerusa  war.  On  the  same  night  of  the  rescue  the  cabins  of  Cole- 
man  and  Buckley  were  burned,  but  by  whom,  is  left  in  doubt  by  the  testimony. 

On  the  morning  of  the  rescue  of  Branson,  Jones  was  at  the  village  of 
Franklin,  near  Lawrence.  The  rescue  was  spoken  of  in  the  presence  of  Jones, 
and  more  conversation  passed  between  two  others  in  his  presence,  as  to  whether 
it  was  most  proper  to  send  for  assistance  to  colonel  Boon  in  Missouri,  or  to 
governor  Shannon.  Jones  wrote  a  dispatch  and  handed  it  to  a  messenger. 
As  soon  as  he  started,  Jones  said :  "  That  man  is  taking  my  dispatch  to  Mis 
souri,  and  by  G — d  I'll  have  revenge  before  I  see  Missouri."  A  person  pres 
ent,  who  was  examined  as  a  witness,  complained  publicly  that  the  dispatch  was 
not  sent  to  the  governor ;  and  within  half  an  hour  one  was  sent  to  the  gover 
nor  by  Jones,  through  Hargous.  Within  a  few  days,  large  numbers  of  men 
from  the  state  of  Missouri  gathered  and  encamped  on  the  Wakarusa.  They 
brought  with  them  all  the  equipments  of  war.  To  obtain  them,  a  party  of 
men  under  the  direction  of  Judge  T.  V.  Thompson  broke  into  the  United 
States  arsenal  and  armory  at  Liberty,  Missouri,  and  after  a  forcible  detention 
of  captain  Leonard  (then  in  charge,)  they  took  the  cannon,  muskets,  rifles, 
powder,  harness,  and  in  deed  all  the  materials  and  munitions  of  war  they  desir 
ed,  some  of  which  have  never  been  returned  or  accounted  for. 

The  chief  hostility  of  this  military  foray  was  against  the  town  of  Lawrence, 
and  this  was  especially  the  case  with  the  officers  of  the  law. 

Your  committee  can  see  in  the  testimony  no  reason,  excuse  or  palliation  for 
this  feeling.  Up  to  this  time  no  warrant  or  proclamation  of  any  kind  had 


REPORT  OF  INVESTIGATING  COMMITTEE.  70* 

been  in  the  hands  of  any  officer  against  any  citizen  of  Lawrence.  No 
arrest  had  been  attempted,  and  no  writ  resisted  in  that  town.  The  rescue  of 
Branson  sprang  out  of  a  murder  committed  thirteen  miles  from  Lawrence,  m 
a  detached  settlement,  and  neither  the  town  nor  its  citizens  extended  any  pro 
tection  to  Branson's  rescuers.  On  the  contrary,  two  or  three  days  after  the 
rescue,  S.  N.  Wood,  who  claimed  publicly  to  be  one  of  the  rescuing  party, 
wished  to  be  arrested  for  the  purpose  of  testing  the  territorial  laws,  and  walk 
ed  up  to  sheriff  Jones  and  shook  hands  with  him,  and  exchanged  other  courte 
sies.  He  could  have  been  arrested  without  any  difficulty,  and  it  was  his  design, 
when  he  went  to  Mr.  Jones,  to  be  arrested,  but  no  attempt  was  made  to  do  so. 

It  is  obvious  that  the  only  cause  of  this  hostility  is  the  known  desire  of  the 
citizens  of  Lawrence  to  make  Kansas  a  free  state,  and  their  repugnance  to  laws 
imposed  upon  them  by  non-residents. 

Your  committee  do  not  propose  to  detail  the  incidents  connected  with  this 
foray.  Fortunately  for  the  peace  of  the  country,  a  direct  conflict  between  the 
opposing  forces  was  avoided  by  an  amicable  arrangement.  The  losses  sustain 
ed  by  the  settlers  in  property  taken  and  time  and  money  expended  in  their  own 
defense,  added  much  to  the  trials  incident  to  a  new  settlement.  Many  persons 
were  unlawfully  taken  and  detained — in  some  cases,  under  circumstances  of 
gross  cruelty.  This  was  especially  so  in  the  arrest  and  treatment  of  doctor  G. 
A.  Cutter  and  G.  F.  Warren.  They  were  taken  without  cause  or  warrant,  60 
miles -from  Lawrence,  and  when  doctor  Cutter  was  quite  sick.  They  were 
compelled  to  go  to  the  camp  at  Lawrence,  were  put  into  the  custody  of 
"  Sheriff  Jones."  who  had  no  process  to  arrest  them — they  were  taken  into  a 
small  room  kept  as  a  liquor  shop,  which  was  open  and  very  cold.  That  night 
Jones  came  in  with  others,  and  went  to  "  playing  poker  at  twenty-five  cents 
ante."  The  prisoners  were  obliged  to  sit  up  all  night,  as  there  was  no  room 
to  lie  down  when  the  men  were  playing.  Jones  insulted  them  frequently,  and 
told  one  of  them  he  must  either  "tell  or  swing."  The  guard  then  objected  to 
this  treatment  of  the  prisoners,  and  Jones  desisted.  G.  F.  Warren  thus  descri 
bes  their  subsequent  conduct : 

"  They  then  carried  us  down  to  their  camp ;  Kelly,  of  The  Squatter  Sover 
eign,  who  lives  in  Atchison,  came  round  and  said  he  thirsted  for  blood,  and 
said  he  should  like  to  hang  us  on  the  first  tree.  Cutter  was  very  weak,  and 
that  excited  him  so  that  he  became  delirious.  They  sent  for  three  doctors, 
who  came.  Doctor  Stringfellow  was  one  of  them.  They  remained  there  with 
Cutter  until  after  midnight,  and  then  took  him  up  to  the  office,  as  it  was  very 
cold  in  camp." 

During  the  foray,  either  George  W.  Clark  or  Mr.  Burns  murdered  Thomas 
Barber,  while  the  latter  was  on  the  highway  on  his  road  from  Lawrence  to  his 
claim.  Both  fired  at  him,  and  it  is  impossible  from  the  proof  to  tell  whose 
shot  was  fatal.  The  details  of  this  homicide  are  stated  by  an  eye  witness. 

Among  the  many  acts  of  lawless  violence  which  it  has  been  the  duty  of  your 
committee  to  investigate,  this  invasion  of  Lawrence  is  the  most  defenseless.  A 
comparison  of  the  facts  proven,  with  the  official  statement  of  the  officers  of 


708  KANSAS    AFFAIRS. 

the  government,  will  show  how  groundless  were  the  pretexts  which  gave  rise  to 
it.  A  community  in  which  no  crime  had  been  committed  by  any  of  its  mem 
bers,  against  none  of  whom  had  a  warrant  been  issued  or  a  complaint  made, 
who  had  resisted  no  process  in  the  hands  of  a  real  or  pretended  officer,  was 
threatened  with  destruction  in  the  name  of  "  law  and  order,"  and  that,  too,  by 
men  who  marched  from  a  neighboring  state  with  arms  obtained  by  force,  and 
who,  in  every  stage  of  their  progress,  violated  many  laws,  and  among  others 
the  constitution  of  the  United  States. 

The  chief  guilt  of  it  must  rest  on  Samuel  J.  Jones.  His  character  is  illus 
trated  by  his  language  at  Lecompton,  where  peace  was  made  :  "  He  said 
major  Clark  and  Burns  both  claimed  the  honor  of  killing  that  d — d  abolition 
ist,  and  he  did'nt  know  which  ought  to  have  it.  If  Shannon  had'nt  been  a 
d — d  old  fool,  that  peace  would  never  have  been  declared.  He  would  have 
wiped  Lawrence  out.  He  had  men  and  means  enough  to  do  it." 

Shortly  after  the  retreat  of  the  forces  from  before  Lawrence,  the  election 
upon  the  adoption  of  the  state  constitution  was  held  at  Leavenworth  city,  on 
the  15th  of  December,  1855.  While  it  was  proceeding  quietly,  about  noon, 
Charles  Dunn,  with  a  party  of  others,  smashed  in  the  window  of  the  building 
in  which  the  election  was  being  held,  and  then  jumped  into  the  room  where 
the  judges  of  election  were  sitting,  and  drove  them  off.  One  of  the  clerks  of 
election  snatched  up  the  ballot-box  and  followed  the  judges,  throwing  the  box 
behind  the  counter  of  an  adjoining  room  through  which  he  passed  on  his  way 
out.  As  he  got  to  the  street  door,  Dunn  caught  him  by  the  throat,  and  pushed 
him  up  against  the  side  of  the  building,  and  demanded  the  ballot-box. 

Then  Dunn  and  another  person  struck  him  in  the  face,  and  he  fell  into  the 
mud,  the  crowd  rushed  on  him  and  kicked  him  on  the  head  and  in  his  sides. 
In  this  manner  the  election  was  broken  up,  Dunn  and  his  party  obtaining  the 
ballot-box  and  carrying  it  off. 

To  avoid  a  similar  outrage  at  the  election  for  state  officers,  etc.,  to  be  held  on 
the  15th  of  January,  1856,  the  election  for  Leavenworth  district  was  appointed 
to  be  held  at  Easton,  and  the  time  postponed  until  the  17th  day  of  January, 
1856.  On  the  way  to  the  election,  persons  were  stopped  by  a  party  of  men 
at  a  grocery,  and  their  guns  taken  from  them.  During  the  afternoon,  parties 
came  up  to  the  place  of  election  and  threatened  to  destroy  the  ballot-box,  and 
were  guilty  of  other  insolent  and  abusive  conduct.  After  the  polls  were  clos 
ed  many  of  the  settlers  being  apprehensvie  of  an  attack,  were  armed  in  the 
house  where  the  election  had  been  held  until  the  next  morning.  Late  that 
night  Stephen  Sparks,  with  his  son  and  nephew,  started  for  home,  his  route  run 
ning  by  the  store  of  a  Mr.  Dawson,  where  a  large  party  of  armed  men  had 
collected.  As  he  approached,  these  men  demanded  that  he  should  surrender, 
and  gathered  about  him  to  enforce  the  demand.  Information  was  carried  by 
a  man  in  the  company  of  Mr.  Sparks  to  the  house  where  the  election  had  been 
held.  R.  P.  Brown  and  a  company  of  men  immediately  went  down  to  relieve 
Mr.  Sparks,  and  did  relieve  him  when  he  was  in  imminent  danger.  Mr. 
Sparks  then  started  back  with  Mr.  Brown  and  his  party,  and  while  on  their 


REPORT  OF  INVESTIGATING  COMMITTEE.  709 

way  were  fired  on  by  the  other  partv.  They  returned  the  fire,  and  an  irregular 
fight  then  ensued,  in  which  a  man  by  the  name  oi  COOK,  of  me  pro-aiar«ry 
party,  received  a  mortal  wound,  and  two  of  the  free  state  prrty  were  slightly 
wounded. 

Mr.  Brown,  with  seven  others  who  had  accompanied  him  from  from  Leaven- 
worth,  started  on  their  return  home.     When  they  had  proceeded  part  of  the 
way,  they  were  stopped  and  taken  prisoners  by  a  party  of  men  called  the 
Kickapoo  Rangers,  under  the  command  of  captain  John  W.  Martin.     They 
were  disarmed  and  taken  back  to  Easton,  and  put  in  Dawson's  store.     Brown 
was  separated  from  the  rest  of  his  party,  and  taken  into  the  office  of  E.  S. 
Trotter.     By  this  time  several  of  Martin's  party  and  some  of  the  citizens  of 
the  place  had  become  intoxicated,  and  expressed  a  determination  to  kill  Brown. 
Captain  Martin  was  desirous,  and  did  all  in  his  power  to  save  him.     Sereral 
hours  were  spent  in  discussing  what  should    be  done  with    Brown  and  his 
party.     In  the  meantime,  without  the  knowledge  of  his  party,  captain  Martin 
liberated  all  of  Brown's  party  but  him-self,  and  aided  them  in  their  escape. 
The  crowd  repeatedly  tried  to  get  into  the  room  where  Brown  was,  and  at  one 
time  succeeded,  but  were  put  out  by  Martin  and  others.     Martin,  finding  that 
further  effort  on  his  part  to  save  Brown  was  useless,  left  and  went  home.     The 
crowd  then  got  possession  of  Brown  and  finally  butchered  him  in  cold  blood. 
The  wound  of  which  he  died  was  inflicted  with  a  hatchet  by  a  man  by  the 
name  of  Gibson.     After  he  had  been  mortally  wounded,  Brown  was  sent  home 
with  Charles  Dunn,  and  died  that  night.     No  attempt  was  made  to  arrest  and 
punish  the  murderers  of  Brown.     Many  of  them  were  well-known  citizens,  and 
some  of  them  were  officers  of  the  law.     On  the  next  grand  jury  that  set  in 
Leavenworth  county,  the  sheriff  summoned  several  of  the  persons  implicated  in 
this  murder.    One  of  them  was  M.  P.  Rively,  at  that  time  treasurer  of  the  county. 
He  has  been  examined  as  a  witness  before  us.     The  reason  he  gives  why  no 
indictments  were  found  is,  "  they  killed  one  of  the  pro-slavery  men,  and  the 
pro-slavery  men  killed  one  of  the  others,  and  I  thought  it  was  about  mutual." 
The  same  grand  jury,  however,  found  bills  of  indictment  against  those  who 
acted  as  judges  of  the  free-state  election.     Rively  says,  "  I  know  our  utmost 
endeavors  were  made  to  find  out  who  acted  as  judges  and  clerks  on  the  Itth 
of  January  last,  and  at  all  the  bogus  elections  held  by  the  abolitionists  here. 
We  were  very  anxious  to  find  them  out,  as  we  thought  them  acting  illegally." 
Your  committee,  in  their  examination,  have  found  that  in  no  case  of  crime 
or  homicide,  mentioned  in  the  report  or  in  the  testimony,  has  any  indictment 
been  found  against  the  guilty  party,  except  in  the  homicide  of  Clark  by  Mc- 
Crea,  McCrea  being  a  free  state  man. 

Your  committee  did  not  deem  it  within  their  power  or  duty  to  take  testi 
mony  as  to  events  which  have  transpired  since  the  date  of  their  appointment ; 
but  as  some  of  the  events  tended  seriously  to  embarrass,  hinder,  and  delay  their 
investigations,  they  deem  it  proper  here  to  refer  to  them.  On  their  arrival  in 
the  territory,  the  people  were  arrayed  in  two  hostile  parties.  The  hostility  of 
them  was  continually  increased  daring  our  stay  in  the  territory,  by  the  arrival 


710  KANSAS  AFFAIRS. 

of  armed  bodies  of  men,  who,  from  their  equipments,  came  not  to  follow  the 
peaceful  pursuits  of  life,  but  armed  and  organized  into  companies,  apparently 
for  war — by  the  unlawful  detention  of  persons  and  property  while  passing 
through  the  state  of  Missouri,  and  by  frequent  forcible  seizures  of  persons  and 
property  in  the  territory  without  legal  warrant.  Your  committee  regret  that 
they  were  compelled  to  witness  instances  of  each  of  these  classes  of  outrages 
While  holding  their  session  at  Westport,  Mo.,  at  the  request  of  the  sitting  del 
egate,  they  saw  several  bodies  of  armed  men,  confessedly  citizens  of  Missouri, 
march  into  the  territory  on  forays  against  its  citizens,  but  under  the  pretense 
of  enforcing  the  enactments  before  referred  to.  The  wagons  of  emigrants  were 
stopped  in  the  highways,  and  searched  without  claim  or  legal  powers,  and  in 
some  instances  all  their  property  taken  from  them.  In  Leavenworth  City,  lead 
ing  citizens  were  arrested  at  noonday  in  our  presence,  by  an  armed  force,  with 
out  any  claim  of  authority,  except  that  derived  from  a  self-constituted  commit 
tee  of  vigilance,  many  of  whom  were  executive  and  legislative  officer^.  Some 
were  released  on  promising  to  leave  the  territory,  and  others,  after  being  de 
tained  for  a  time,  were  formally  notified  to  leave,  under  the  severest  penalties. 
The  only  offense  charged  against  them  was  their  political  opinions,  and  no  one 
was  thus  arrested  for  alleged  crime  of  any  grade.  There  was  no  resistance  to 
these  lawless  acts  by  the  settlers,  because,  in  their  opinion,  the  persons  engaged 
in  them  would  be  sustained  and  reinforced  by  the  citizens  of  the  populous  bor 
der  counties  of  Missouri,  from  whence  they  were  only  separated  by  the  river. 
In  one  case  witnessed  by  your  committee,  an  application  for  the  writ  of  habeas 
corpus  was  prevented  by  the  urgent  solicitation  of  pro-slavery  men,  who  in 
sisted  that  it  would  endanger  the  life  of  the  prisoner  to  be  discharged  under 
legal  process. 

While  we  remained  in  the  territory,  repeated  acts  of  outrage  were  committed 
upon  the  quiet,  unoffending  citizens,  of  which  we  received  authentic  intelli 
gence.  Men  were  attacked  on  the  highway,  robbed,  and  subsequently  impris 
oned.  Men  were  seized  and  searched,  and  their  weapons  of  defense  taken  from 
them  without  compensation.  Horses  were  frequently  taken  and  appropriated. 
Oxen  were  taken  from  the  yoke  while  plowing,  and  butchered  in  the  presence 
of  their  owners.  One  young  man  was  seized  in  the  streets  of  the  town  of 
Atchison,  and  under  circumstances  of  gross  barbarity  was  tarred  and  cottoned, 
and  in  that  condition  was  sent  to  his  family.  All  the  provisions  of  the  consti 
tution  of  the  United  States,  securing  persons  and  property,  are  utterly  disre 
garded.  The  officers  of  the  law,  instead  of  protecting  the  people,  were  in 
some  instances  engaged  in  these  outrages,  and  in  no  instance  did  we  learn  that 
any  man  was  arrested,  indicted,  or  punished  for  any  of  these  crimes.  While 
such  offenses  were  committed  with  impunity,  the  laws  were  used  as  a  means  of 
indicting  men  for  holding  elections,  preliminary  to  framing  a  constitution  and 
apptying  for  admission  into  the  Union  as  the  state  of  Kansas.  Charges  of 
high  treason  were  made  against  prominent  citizens  upon  grounds  which  seem 
to  your  committee  absurd  and  ridiculous,  and  under  these  charges  they  are  now 
held  in  custody  and  are  refused  the  privilege  of  bail.  In  several  cases,  men 


REPORT  OF  INVESTIGATING  COMMITTEE.  711 

were  arrested  in  the  state  of  Missouri  while  passing  on  their  lawful  business 
through  the  state,  and  detained  until  indictments  could  be  found  in  the  terri 
tory. 

These  proceedings  were  followed  by  an  offense  of  still  greater  magnitude. 
Under  color  of  legal  process,  a  company  of  about  TOO  armed  men,  the  great 
body  of  whom  your  committee  are  satisfied  were  not  citizens  of  the  territory, 
marched  into  the  town  of  Lawrence  under  Marshal  Donaldson  and  S.  J.  Jones, 
officers  claiming  to  act  under  the  law,  and  bombarded  and  then  burned  to  the 
ground  a  valuable  hotel  and  one  private  house ;  destroyed  two  printing-presses 
and  material ;  and  then,  being  released  by  the  officers,  whose  posse  they  claim 
to  be,  proceeded  to  sack,  pillage,  and  rob  houses,  stores,  trunks,  etc.,  even  to 
the  clothing  of  women  and  children.  Some  of  the  letters  thus  unlawfully  ta 
ken  were  private  ones,  written  by  the  contesting  delegate,  and  they  were  of 
fered  in  evidence.  Your  committee  did  not  deem  that  the  persons  holding 
them  had  any  right  thus  to  use  them,  and  refused  to  be  made  the  instruments 
to  report  private  letters  thus  obtained. 

This  force  was  not  resisted,  because  it  was  collected  and  marshaled  under 
the  forms  of  law.  But  this  act  of  barbarity,  unexampled  in  the  history  of  our 
government,  was  followed  by  its  natural  consequences.  All  the  restraints 
which  American  citizens  are  accustomed  to  pay  even  to  the  appearance  of  law, 
were  thrown  off;  one  act  of  violence  led  to  another;  homicides  became  fre 
quent.  A  party  under  H.  C.  Pate,  composed  chiefly  of  citizens  of  Missouri, 
were  taken  prisoners  by  a  party  of  settlers  ;  and  while  your  committee  were  at 
Westport,  a  company,  chiefly  of  Missourians,  accompanied  by  the  acting  dele 
gate,  went  to  relieve  Pate  and  his  party,  and  a  collision  was  prevented  by  the 
United  States  troops.  Civil  war  has  seemed  impending  in  the  territory.  Noth 
ing  can  prevent  so  great  a  calamity  but  the  presence  of  a  large  force  of  United 
States  troops,  under  a  commander  who  will  with  prudence  and  discretion  quiet 
the  excited  passions  of  both  parties,  and  expel  with  force  the  armed  bands  of 
lawless  men  coming  from  Missouri  and  elsewhere,  who,  with  criminal  pertinacity, 
infest  that  territory. 

In  some  cases,  and  as  to  one  entire  election  district,  the  condition  of  the 
country  prevented  the  attendance  of  witnesses,  who  were  either  arrested  or  de 
tained  while  obeying  our  process,  or  deterred  from  so  doing.  The  sergeant- 
at-arms  who  served  the  processes  upon  them  was  himself  arrested  and  detained 
for  a  short  time  by  an  armed  force,  claiming  to  be  a  part  of  the  posse  of  the 
marshal,  but  was  allowed  to  proceed  upon  an  examination  of  his  papers,  and 
was  furnished  with  a  pass  signed  by  "Warren  D.  Wilkes,  of  South  Carolina." 
John  Upton,  another  officer  of  the  committee,  was  subsequently  stopped  by 
a  lawless  force  on  the  borders  of  the  territory,  and  after  being  detained  and 
treated  with  great  indignity,  was  released.  He  also  was  furnished  with  a  pass 
signed  by  two  citizens  of  Missouri,  and  addressed  to  "pro-slavery  men."  By 
reason  of  these  disturbances,  we  were  delayed  in  Westport,  so  that  while  in 
session  there,  our  time  was  but  partially  occupied. 

But  the  obstruction  which  created  the  most  serious  embarrassment  to  your 


712  KANSAS  AFFAIRS. 

committee  was  the  attempted  arrest  of  Gov.  Reeder,  the  contesting  delegate, 
upon  a  writ  of  attachment  issued  against  him  by  Judge  Lecompte  to  compel 
his  attendance  as  a  witness  before  the  grand  jury  of  Douglas  county.  Wil 
liam  Fane,  recently  from  the  state  of  Georgia,  and  claiming  to  be  the  deputy 
marshal,  came  into  the  room  of  the  committee  while  Gov.  Reeder  was  exam 
ining  a  witness  before  iis,  and  producing  the  writ,  required  Gov.  Reeder  to  at 
tend  him.  Subsequent  events  have  only  strengthened  the  conviction  of  your 
committee  that  this  was  a  wanton  and  unlawful  interference  by  the  judge  who 
issued  the  writ,  tending  greatly  to  obstruct  a  full  and  fair  investigation.  Gov. 
Reeder  and  Gen.  Whitfield  alone  were  possessed  of  that  local  information 
which  would  enable  us  to  elicit  the  whole  truth,  and  it  was  obvious  to  every 
one  that  any  event  which  would  separate  either  of  them  from  the  committee 
would  necessarily  hinder,  delay,  and  embarrass  it.  Gov.  Reeder  claimed  that, 
under  the  circumstances  in  which  he  was  placed,  he  was  privileged  from  arrest 
except  for  treason,  felony,  or  breach  of  the  peace.  As  this  was  a  question  of 
privilege,  proper  for  the  courts,  or  for  the  privileged  person  alone  to  determine 
on  his  peril,  we  declined  to  give  him  any  protection  or  take  any  action  in  the 
matter.  He  refused  to  obey  the  writ,  believing  it  to  be  a  mere  pretense  to  get 
the  custody  of  his  person,  and  fearing,  as  he  alleged,  that  he  would  be  assassi 
nated  by  lawless  bands  of  men  then  gathering  in  and  near  Lecompton.  He 
then  left  the  territory. 

Subsequently,  H.  Miles  Moore,  an  attorney  in  Leavenworth  City,  but  for 
several  years  a  citizen  of  Westport,  Mo.,  kindly  furnished  the  committee  in 
formation  as  to  the  residence  of  persons  voting  at  the  elections,  and  in  some 
cases  examined  witnesses  before  us.  He  was  arrested  on  the  streets  of  that 
town  by  an  armed  band  of  about  thirty  men,  headed  by  W.  D.  Wilkes,  with 
out  any  color  of  authority,  confined,  with  other  citizens,  under  a  military  guard 
for  twenty-four  hours,  and  then  notified  to  leave  the  territory.  His  testimony 
was  regarded  as  important,  and  upon  his  sworn  statement  that  it  would  endan 
ger  his  person  to  give  it  openly,  the  majority  of  your  committee  deemed  it 
proper  to  examine  him  ex  parte,  and  did  so. 

By  reason  of  these  occurrences,  the  contestant,  and  the  party  with  and  for 
whom  he  acted,  were  unrepresented  before  us  during  a  greater  portion  of  the 
time,  and  your  committee  were  required  to  ascertain  the  truth  in  the  best  man 
ner  they  could. 

Your  committee  report  the  following  facts  and  conclusions  as  established  by 
the  testimony  : 

First :  That  each  election  in  the  territory,  held  under  the  organic  or  alleged 
territorial  law,  has  been  earned  on  by  organized  invasions  from  the  state  of 
Missouri,  by  which  the  people  of  the  territory  have  been  prevented  from  exer 
cising  the  rights  secured  to  them  by  the  organic  law. 

Second :  That  the  alleged  territorial  legislature  was  an  illegally  constituted 
body,  and  had  no  power  to  pass  valid  laws,  and  their  enactments  are,  there 
fore,  null  and  void. 
i  .    f •  '.* 

Third  :  That  these  alleged  laws  have  not,  as  a  general  thing,  been  used  to 


REPORT  OF  INVESTIGATING  COMMITTEE.  713 

protect  persons  and  property  and  to  punish  wrong,  but  for  unlawful  pur 
poses. 

Fourth  :  That  the  election  under  which  the  sitting  delegate,  John  W.  Whit- 
field,  holds  his  seat,  was  not  held  in  pursuance  of  any  valid  law,  and  that  it 
should  be  regarded  only  as  the  expression  of  the  choice  of  those  resident  citi 
zens  who  voted  for  him. 

Fifth :  That  the  election  under  which  the  contesting  delegate,  Andrew  H. 
Reeder,  claims  his  seat,  was  not  held  in  pursuance  of  law,  and  that  it  should 
be  regarded  only  as  the  expression  of  the  choice  of  the  resident  citizens  who 
voted  for  him. 

Sixth  :  That  Andrew  H.  Reeder  received  a  greater  number  of  votes  of  resi 
dent  citizens  than  John  W.  Whitfield,  for  delegate. 

Seventh  :  That  in  the  present  condition  of  the  territory,  a  fair  election  can 
not  be  held  without  a  new  census,  a  stringent  and  well-guarded  election  law, 
the  selection  of  impartial  judges,  and  the  presence  of  United  States  troops  at 
every  place  of  election. 

Eighth  :  That  the  various  elections  held  by  the  people  of  the  territory  pre 
liminary  to  the  formation  of  the  state  government,  have  been  as  regular  as  the 
disturbed  condition  of  the  territory  would  allow ;  and  that  the  constitution 
passed  by  the  convention  held  in  pursuance  of  said  elections,  embodies  the  will 
of  a  majority  of  the  people. 

As  it  is  riot  the  province  of  your  committee  to  suggest  remedies  for  the  ex 
isting  troubles  in  the  territory  of  Kansas,  they  content  themselves  with  the  fore 
going  statement  of  facts.  • 

All  of  which  is  respectfully  submitted.  WM.  A.  HOWARD, 

JOHN  SHERMAN. 

The  free  state  constitution,*  framed  at  Topeka,  as  set  forth  in  the  foregoing 
report,  was  duly  submitted  to  congress,  and  referred,  in  both  houses,  to  the 
committees  on  territories ;  but  the  accompanying  memorial  from  the  free  state 
legislature,  setting  forth  the  grounds  of  the  application,  and  praying  for  admis 
sion  as  a  state,  was  rejected  by  the  senate  on  the  allegation  that  material 
changes  had  been  made  in  it  since  it  left  Kansas.  The  senate  also  rejected  re 
peated  motions  to  accept  the  constitution  and  admit  Kansas  as  a  free  state ; 
but  sixteen  senators  being  found  in  favor  of  such  admission. 

In  the  house,  the  majority  of  the  committee  on  territories  reported  in  favor 
of  the  admission  of  Kansas,  under  the  aforesaid  constitution,  as  a  free  state ; 
and  after  debate,  the  previous  question  thereon  was  ordered  on  the  28th  of 
Jane  by  a  vote  of  98  ayes  to  63  noes.  Previous  to  this,  Mr.  Stephens,  of 
Georgia,  had  proposed,  as  an  amendment  or  substitute,  a  radically  different 
bill,  contemplating  the  appointment  by  the  president  and  senate  of  five  com 
missioners,  who  should  repair  to  Kansas,  take  a  census  of  the  inhabitants  and 
legal  voters,  and  thereupon  proceed  to  apportion,  during  the  month  of  Sep 
tember,  1856,  the  delegates  (52)  to  form  a  constitutional  convention,  to  be 

*  ARTICLE  I.  SEC.  6.  There  shall  be  no  slavery  in  this  state,  nor  involuntary  servitude, 
unless  for  the  punishment  of  crime. 
46 


714  KANSAS  AFFAIRS. 

elected  by  the  legal  voters  aforesaid ;  said  delegates  1  o  be  chosen  on  the  day 
of  the  presidential  election  (Tuesday,  November  4th,  1S56,)  and  to  assemble 
in  convention  on  the  first  Monday  in  December,  1856,  to  form  a  state  constitu 
tion.  The  bill  proposed,  also,  penalties  for  illegal  voting  sit  said  election. 

To  this  substitute  bill,  Mr.  Dunn,  of  Indiana,  proposed  the  following 
amendment,  to  come  in  at  the  end  as  an  additional  section : 

SEC.  18.  And  be  ii  further  enacted,  That  so  much  of  the  fourteenth  sec 
tion  and  of  the  thirty-second  section  of  the  act  passed  at  the  first  session  of 
the  thirty-third  congress,  commonly  called  the  Kansas  and  Nebraska  act,  as 
reads  as  follows  :  "Except  the  eighth  section  of  the  act  preparatory  to  the  ad 
mission  of  Missouri  into  the  Union,  approved  March  6th,  1820,  which,  being 
inconsistent  with  the  principles  of  non-intervention  by  congress  with  slavery  in 
the  states  and  territories,  as  recognized  by  the  legislation  of  1850,  commonly 
called  the  compromise  measures,  is  hereby  declared  inoperative  and  void ;  it 
being  the  true  intent  and  meaning  of  the  act  not  to  legislate  slavery  into  any 
state  or  territory,  or  to  exclude  it  therefrom,  but  to  leave  the  people  thereof 
perfectly  free  to  form  and  regulate  their  domestic  institutions  in  their  own  way, 
subject  only  to  the  constitution  of  the  United  States ;  provided,  that  nothing 
herein  contained  shall  be  construed  to  revive  or  put  in  force  any  law  or  regula 
tion  which  may  have  existed  prior  to  the  act  of  6th  March,  1820,  either  pro 
tecting,  establishing,  prohibiting,  or  abolishing  slavery,"  be,  and  the  same  is 
hereby  repealed  ;  provided,  that  any  person  or  persons  lawfully  held  to  service 
within  either  of  the  territories  named  in  said  act  shall  be  discharged  from  such 
servioe,  if  they  shall  not  be  removed  and  kept  out  of  said  territories  within 
twelve  months  from  the  passage  of  this  act. 

This  amendment  to  the  Stephens  substitute  was  carried  by  a  vote  of  109  to 
102,  and  the  bill,  thus  amended  by  its  adversaries,  was  abandoned  by  its  friends 
and  received  but  two  votes,  Dunn,  of  Indiana,  and  Harrison,  of  Ohio. 

Mr.  Jones,  of  Tennessee,  now  moved  that  the  bill  reported  by  the  committee 
do  lie  on  the  table,  which  was  defeated  by  a  vote  of  yeas,  106  ;  nays,  107.  The 
house  now  refused  to  adjourn  by  a  vote  of  106  to  102 ;  and  after  a  long  strug 
gle,  the  final  question  was  reached  and  the  bill  rejected,  by  a  vote  of  107  to 
106.  On  the  1st  of  July,  Mr.  Barclay,  of  Pennsylvania,  moved  a  reconsider 
ation  of  the  preceding  vote  by  which  the  free  Kansas  bill  had  been  rejected. 
The  reconsideration  was  carried  on  the  3d  of  July,  by  a  vote  of  101  to  99. 
The  previous  question  on  the  passage  of  the  bill  was  then  ordered,  and  the  bill 
was  finally  passed,  yeas,  99  ;  nays,  97. 

On  the  30th  of  June,  Mr.  Douglas  reported  to  the  senate  on  several  bills 
submitted  by  Messrs.  Clayton,  Toombs  and  others  for  the  pacification  of  the 
*  Kansas  troubles,  as  also  against  Governor  Seward's  proposition  to  admit  Kan 
sas  as  a  free  state  under  the  Topeka  constitution.  Mr.  Collamer,  being  the 
minority  of  the  territorial  committee,  made  a  counter  report.  Mr.  Douglas 
gave  notice  that  he  would  ask  for  a  final  vote  on  the  3d  of  July.  The  bill  was 
debated  on  the  1st  and  2d  of  July,  and  the  following  night,  the  majority  re 

sisting  all   motions   to  adjourn.     An  amendment,  moved  by  Mr.  Adams,  of 

•  •  '  •  '>'-- 


REPORT  OF  INVESTIGATING  COMMITTEE.  715 

Mississippi,  striking  out  so  much  of  the  bill  .as  secured  the  right  of  suffrage  in 
the  proposed  reorganization  of  Kansas  to  alien  residents  who  shall  have  de 
clared  their  intention  to  become  citizens,  and  renounced  all  allegiance  to 
foreign  governments,  was  adopted  by  a  vote  of  22  to  16.  Sometime  in  the 
morning  of  July  3d,  the  following  amendment,  reduced  to  shape  by  Mr.  Geyer, 
of  Missouri,  was  added  to  the  18th  section  of  the  bill,  by  a  vote  of  40  to  3 : 

"  No  law  shall  be  made  or  have  force  or  effect  in  said  territory  [of  Kansas] 
which  shall  require  any  attestation  or  oath  to  support  any  act  of  congress  or 
other  legislative  act,  as  a  qualification  for  any  civil  office,  public  trust,  or  for 
any  employment  or  profession,  or  to  serve  as  juror,  or  vote  at  any  election,  or 
which  shall  impose  any  tax  upon,  or  condition  to,  the  exercise  of  the  right  of 
suffrage,  by  any  qualified  voter,  or  which  shall  restrain  or  prohibit  the  free  dis 
cussion  of  any  law  or  subject  of  legislation  in  the  said  territory,  or  the  free  ex 
pression  of  opinion  thereon  by  the  people  of  said  territory. " 

Mr.  Trumbull,  of  Illinois,  moved  the  following: 

"  And  be  it  further  enacted,  That  it  was  the  true  intent  and  meaning  of 
the  'act  to  organize  the  territory  of  Nebraska  and  Kansas,'  not  to  legislate 
slavery  into  Kansas,  nor  to  exclude  it  therefrom,  but  to  leave  the  people 
thereof  perfectly  free  through  their  territorial  legislature  to  regulate  the  in 
stitution  of  slavery  in  their  own  way,  subject  only  to  the  constitution  of  the 
United  States ;  and  that,  until  the  territorial  legislature  acts  upon  the  subject, 
the  owner  of  a  slave  in  one  of  the  states  has  no  right  or  authority  to  take  such 
slave  into  the  territory  of  Kansas,  and  there  hold  him  as  a  slave ;  but  every 
slave  taken  to  the  territory  of  Kansas  by  his  owner  for  the  purposes  of  settle 
ment  is  hereby  declared  to  be  free,  unless  there  is  some  valid  act  of  a  duly  con 
stituted  legislative  assembly  of  said  territory,  under  which  he  may  be  held  as  a 
slave."  '•  *.^,  •,'•?«:•<;•- 

The  yeas  and  nays  being  ordered,  the  proposition  was  voted  down ;  yeas, 
9 ;  nays,  34.  Mr.  Trumbull  then  proposed  the  following : 

"And  be  it  further  enacted,  That  the  provision  in  the  'act  to  organize  the 
territory  of  Nebraska  and  Kansas,'  which  declares  it  to  be  '  the  true  intent  and 
meaning  '  of  said  act  '  not  to  legislate  slavery  into  any  territory  or  state,  nor 
to  exclude  it  therefrom,  but  to  leave  the  people  thereof  perfectly  free  to  form 
and  regulate  their  domestic  institutions  in  their  own  way,  subject  only  to  the 
constitution  of  the  United  States,'  was  intended  to,  and  does,  confer  upon,  or 
leave  to,  the  people  of  the  territory  of  Kansas  full  power,  at  any  time,  through 
its  territorial  legislature,  to  exclude  slavery  from  said  territory  or  to  recognize 
and  regulate  it  therein." 

This  was  also  voted  down;  yeas,  11;  nays,  34.  Mr.  Trumbull  then  sub 
mitted  the  following : 

"And  be  it  further  enacted,  That  all  the  acts  and  proceedings  of  all  and 
every  body  of  men  heretofore  assembled  in  said  territory  of  Kansas,  and  claim 
ing  to  be  a  legislative  assembly  thereof,  with  authority  to  pass  laws  for  the 
government  of  said  territory,  are  hereby  declared  to  be  utterly  null  and  void. 
And  no  person  shall  hold  any  office,  or  exercise  any  authority  or  jurisdiction 


716  KANSAS  AFFAIES. 

in  said  territory,  under  or  by  virtue  of  any  power  or  authority  derived  from 
such  legislative  assembly ;  nor  shall  the  members  thereof  exercise  any  power 
or  authority  as  such." 

This,  too,  was  voted  down;  yeas,  11 ;  nays,  36.  Mr.  Foster,  of  Connecti 
cut,  moved  the  following  amendment : 

And  be  it  further  enacted,  That,  until  the  inhabitants  of  said  territory 
shall  proceed  to  hold  a  convention  to  form  a  state  constitution  according  to 
the  provisions  of  this  act,  and  so  long  as  said  territory  remains  a  territory,  the 
following  sections  contained  in  chapter  one  hundred  and  fifty-one,  in  the  volume 
transmitted  to  the  senate  by  the  President  of  the  United  States,  as  containing 
the  laws  of  Kansas,  be,  and  the  same  are  hereby,  declared  to  be  utterly  null 
and  void,  viz. : 

"SEC.  12.  If  any  free  person,  by  speaking  or  by  writing,  assert  or  maintain  that  per 
sons  have  not  the  right  to  hold  slaves  in  this  territory,  or  shall  introduce  into  this  terri 
tory  any  book,  paper,  magazine,  pamphlet,  or  circular,  containing  any  denial  of  the 
right  of  persons  to  hold  slaves  in  this  territory,  such  person  shall  be  deemed  guilty  of 
felony,  and  punished  by  imprisonment  at  hard  labor  for  a  term  of  not  less  than  two  years. 

"SEC.  13.  No  person  who  is  conscientiously  opposed  to  holding  slaves,  or  who  does  not 
admit  the  right  to  hold  slaves  in  this  territory,  shall  sit  as  a  juror  on  the  trial  of  any 
prosecution  for  the  violation  of  anyone  of  the  sections  of  this  act." 

This  was  rejected,  as  superfluous,  or  covered  by  the  amendment  of  Mr. 
Geyer;  yeas,  13;  nays,  32.  Mr.  Collamer,  of  Vermont,  proposed  the  fol 
lowing  : 

And  be  -it  further  enacted,  That  until  the  people  of  said  territory  shall 
form  a  constitution  and  state  government,  and  be  admitted  into  the  Union  un 
der  the  provisions  of  this  act,  there  shall  be  neither  slavery  or  involuntary  ser 
vitude  in  said  territory,  otherwise  than  in  punishment  of  crimes,  whereof  the 
party  shall  have  been  duly  convicted  ;  provided  always,  that  any  person  escaping 
into  the  same,  from  whom  labor  or  service  is  lawfully  claimed  in  any  state, 
such  fugitive  may  be  lawfully  reclaimed  and  conveyed  to  the  person  claiming 
his  or  her  service  or  labor  as  aforesaid. 

This  was  voted  down  ;  yeas,  10  ;  nays,  35.  Mr.  Wilson,  of  Massachusetts, 
moved  that  the  whole  bill  be  stricken  out,  and  another  inserted  instead,  repeal 
ing  all  the  territorial  laws  of  Kansas.  This  was  rejected ;  yeas,  8 ;  nays,  35. 
Mr.  Seward  moved  to  strike  out  the  whole  bill,  and  insert  instead  one  admitting 
Kansas  as  a  free  state  under  the  Topeka  constitution.  Lost,  yeas,  11 ;  nays, 
36.  The  bill  was  now  reported  as  amended,  and  the  amendment  made  in  com 
mittee  of  the  whole  concurred  in.  At  8  o'clock  in  the  morning,  the  bill  was 
ordered  to  be  engrossed  and  read  a  third  time,  and  on  the  question  of  its  final 
passage  the  vote  stood,  yeas,  33 ;  nays,  12.  The  bill  was  then  sent  to  the 
house.  The  title  is  as  follows  :  "An  act  to  authorize  the  people  of  the  terri 
tory  of  Kansas  to  form  a  constitution  and  state  government  preparatory  to 
their  admission  into  the  Union  on  an  equal  footing  with  the  original  states." 

This  bill  was  never  acted  on  in  the  house,  but  lay  on  the  speaker's  table 
when  the  session  terminated  on  the  18th  of  August. 


THE  DUNN  BILL.  717 

In  the  senate,  on  the  8th  of  July,  Mr.  Douglas  reported  back  from  the  com 
mittee  on  territories  the  house  bill  to  admit  Kansas  as  a  state,  with  an  amend 
ment,  striking  out  all  after  the  enacting  clause,  and  inserting  instead  the  sen 
ate  bill  above  referred  to.  Mr.  Hale,  of  New  Hampshire,  moved  to  amend 
this  substitute  by  providing  that  all  who  migrate  to  the  territory  prior  to  July 
4th,  185T,  shall  be  entitled  to  vote  in  determining  the  character  of  the  institu 
tions  of  Kansas.  Mr.  Trumbull,  of  Illinois,  moved  that  all  the  territorial  laws 
of  Kansas  be  repealed  and  the  territorial  officers  dismissed.  Mr.  Collamer,  of 
Yermont,  proposed  an  amendment  prohibiting  slavery  in  all  that  portion  of 
the  Louisiana  purchase  north  of  36°  30',  not  included  in  the  territory  of  Kan 
sas.  These  propositions  were  severally  rejected,  and  the  substitute  reported 
by  Mr.  Douglas  agreed  to.  This  amendment  was,  however,  never  acted  upon 
by  the  house. 

In  the  house,  on  the  29th  of  July,  Mr.  Dunn,  of  Indiana,  called  up  a  bill 
"to  reorganize  the  territory  of  Kansas  and  for  other  purposes,"  which  he  had 
originally  proposed  as  a  substitute  for  the  before-mentioned  senate  bill.  The 
two  last  sections  of  Mr.  Dunn's  bill  are  as  follows : 

SEC.  24.  And  be  it  further  enacted,  That  so  much  of  the  fourteenth  sec 
tion,  and  also  so  much  of  the  thirty-second  section,  of  the  act  passed  at  the  first 
session  of  the  thirty-third  congress,  commonly  known  as  the  Kansas-Nebraska 
act,  as  reads  as  follows,  to  wit :  "  Except  the  eighth  section  of  the  act  prepar 
atory  to  the  admission  of  Missouri  into  the  Union,  approved  March  6th,  1820, 
which,  being  inconsistent  with  the  principle  of  non-intervention  by  congress 
with  slavery  in  the  states  and  territories  as  recognized  by  the  legislation  of 
1850,  commonly  called  the  compromise  measures,  is  hereby  declared  inoperative 
and  void ;  it  being  the  true  intent  and  meaning  of  this  act  not  to  legislate 
slavery  into  any  territory  or  state,  nor  to  exclude  it  therefrom,  but  to  leave  the 
people  thereof  perfectly  free  to  form  and  regulate  their  domestic  institutions 
in  their  own  way,  subject  only  to  the  constitution  of  the  United  States  ;  provided, 
that  nothing  herein  contained  shall  be  construed  to  revive  or  put  in  force  any 
law  or  regulation  which  may  have  existed  prior  to  the  act  of  6th  March,  1820, 
either  protecting,  establishing,  prohibiting,  or  abolishing  slavery,"  be,  and  the 
same  is  hereby  repealed,  and  the  said  eighth  section  of  said  act  of  the  6th  of 
March,  1820,  is  hereby  revived  and  declared  to  be  in  full  force  and  effect  within 
the  said  territories  of  Kansas  and  Nebraska ;  provided,  however,  that  any 
person  lawfully  held  to  service  in  either  of  said  territories  shall  not  be  dis 
charged  from  such  service  by  reason  of  such  repeal  and  revival  of  said  eighth 
section,  if  such  person  shall  be  permanently  removed  from  such  territory  or 
territories  prior  to  the  1st  day  of  January,  1858 ;  and  any  child  or  children 
born  in  either  of  said  territories,  of  any  female  lawfully  held  to  service,  if  in 
like  manner  removed  without  said  territories  before  the  expiration  of  that  date, 
shall  not  be,  by  reason  of  anything  in  this  act,  emancipated  from  any  service  it 
might  have  owed  had  this  act  never  been  passed ;  and  provided  further,  that 
any  person  lawfully  held  to  service  in  any  other  state  or  territory  of  the 
United  States,  and  escaping  into  either  the  territory  of  Kansas  or  Nebraska, 


718  KANSAS   AFFAIRS. 

may  be  reclaimed  and  removed  to  the  person  or  place  where  such  service  is 
due,  under  any  law  of  the  United  States  which  shall  be  in  force  upon  the 
subject. 

SEC.  25.  And  be  it  further  enacted,  That  all  other  parts  of  the  aforesaid 
Kansas-Nebraska  act  which  relate  to  the  said  territory  of  Kansas,  and  every 
other  law  or  usage  having,  or  which  is  pretended  to  have,  any  force  or  effect  in 
said  territory  in  conflict  with  the  provisions  or  the  spirit  of  this  act,  except 
such  laws  of  congress  and  treaty  stipulations  as  relate  to  the  Indians,  are 
hereby  repealed,  and  declared  void. 

Mr.  Dunn  moved  to  strike  out  a  bill  previously  introduced  by  Mr.  Grow,  re 
pealing  all  the  acts  of  the  alleged  territorial  legislature  of  Kansas,  and  the  in 
sertion  of  his  own  as  a  substitute.  This  motion  prevailed  ;  and  Mr.  Dunn 
moved  the  previous  question  on  ordering  this  bill  to  be  engrossed  and  read  a 
third  time,  which  prevailed,  and  the  bill  passed,  yeas,  88  ;  nays,  74.  This  bill 
was  not  acted  upon  by  the  senate. 

When  the  annual  appropriation  bills  came  before  congress,  the  house  affixed 
to  several  of  them  provisos  respecting  the  obnoxious  acts  of  the  territorial  leg 
islature  of  Kansas  ;  these  were  resisted  by  the  senate,  and  finally  given  up  by 
the  house  save  one,  appropriating  $20,000  for  the  pay  and  expenses  of  the 
next  territorial  legislature.  This  the  senate  gave  up,  and  thus  secured  the 
passage  of  the  civil  appropriation  bill.  The  army  bill  remained  unpassed 
when  the  session  terminated,  as  the  two  houses  could  not  agree  on  a  proviso 
forbidding  the  employment  of  the  army  to  enforce  the  acts  of  the  Kansas 
Shawnee-Mission  legislature.  In  this  state  of  affairs,  the  president  issued  his 
proclamation,  convening  an  extra  session,  August  21st,  three  days  after  the 
termination  of  the  former  session.  A  quorum  was  present,  and  the  house  re- 
passed  the  army  bill  with  the  same  proviso  attached,  which  proviso  was  again 
struck  out  by  the  senate,  and  reinserted  by  the  house.  The  senate  insisted  on 
its  disagreement,  and  the  house  decided  to  adhere  to  its  proviso  by  a  close 
vote.  The  senate  also  voted  to  adhere.  Mr.  Clayton,  in  the  senate,  proposed 
a  committee  of  conference,  which  was  objected  to.  Mr.  Campbell  in  the  house 
made  the  same  proposition,  which  was  likewise  objected  to.  The  struggle 
continued  until  the  30th,  when  the  house  again  passed  the  army  bill  with  the 
proviso  modified.  This  gave  no  better  satisfaction  to  the  senate.  It  was 
s-truck  out,  and  the  bill  returned  to  the  house,  which  finally  concurred  in  the 
senate  amendment  by  a  vote  of  101  yeas  to  97  nays.  The  use  of  the  army 
in  Kansas  was  left  at  the  president's  discretion. 


TROUBLES  IN  KANSAS.  719 

CHAPTER    XXXIII. 

HISTORY  OP  THE  TROUBLES  IN  KANSAS,  CONTINUED. 

Judge  Lecompte's  charge  to  Grand  Jury — Presentments. — Official  correspondence. — At 
tack  on  Lawrence. — Free  State  bands  organized — attack  pro-slavery  settlements.-— 
Fights  at  Palmyra,  Franklin,  and  Ossawattamie. — Murders. — Shannon  removed. — 
Atchison's  army  retreat. — Geary  appointed  governor. — Deplorable  condition  of  the  ter 
ritory. — Letter  to  Secretary  Marcy. — Inaugural  address  and  proclamations. — Atchison's 
call  upon  the  South. — Woodson's  proclamation. — Armed  bands  enter  the  territory. — 
Lawrence  doomed  to  destruction. — Gov.  Geary's  decisive  measures. — Army  dispersed 
and  Lawrence  saved. — Hickory  Point — capture  of  Free  State  company. — Dispatch  to 
Secretary  Marcy. — Murder  of  Buffum. — Geary  and  Lecompte  in  collision. — Official  doc 
uments. — The  Judiciary.- — Rumors  of  Lane's  army. — Redpath's  company  captured — 
released  by  governor. — Capture  of  Eldridge's  company. — Official  correspondence. — As 
sembling  of  Topeka  legislature — Members  arrested. — Territorial  Legislative  Assembly 
convened. — Inaugural — Vetoes  of  the  governor. — The  "Census  Bill" — its  provisions 
for  forming  State  Constitution. — Constitution  not  to  be  submitted  to  the  people. — Gov. 
Geary's  proposition  rejected. — He  vetoes  the  bill — Bill  passed. — Disturbances  in  the 
capital. — Geary's  requisition  for  U.  S.  troops  refused. — His  application  for  money  re 
fused. — Difficulties  of  his  situation  —  he  resigns  —  his  farewell  address. — Robert  J. 
Walker  appointed  his  successor. — Secretary  Stanton. — Fraudulent  apportionment. — 
Walker's  Inaugural — his  recommendation  to  have  Constitution  submitted  to  the  peo 
ple. — This  measure  denounced  at  the  South. — Convention  assembles  September,  1857. 
—Adjourns  to  October  26th,  1857. 


A 


S  the  legislation  of  congress  at  the  session  of  1856-T  on  the  affairs  of  Kan 
sas  produced  no  definite  results,  the  details  are  omitted,  and  other  sources  than 
congressional  documents  sought  for  information  relative  to  events  in  the  terri 
tory.  We  will  now  take  a  look  at  the  internal  affairs  of  Kansas,  in  order  to 
see  how  "  the  people  "  behave  when  they  are  "  left  entirely  free  to  settle  their 
internal  affairs  in  their  own  way."  The  report  of  the  congressional  committee, 
given  in  the  previous  chapter,  furnishes  a  history  of  events  down  to  the  summer 
of  1856.  On  the  5th  of  May  of  that  year,  Judge  Lecompte,  the  judicial  head 
of  the  territory,  delivered  a  charge  to  the  grand  jury  of  Douglas  county,  from 
which  we  make  an  extract : 

"  This  territory  was  organized  by  an  act  of  congress,  and  so  far  its  authority 
is  from  the  United  States.  It  has  a  legislature  elected  in  pursuance  of  that 
organic  act.  This  legislature,  being  an  instrument  of  congress,  by  which  it 
governs  the  territory,  has  passed  laws ;  these  laws,  therefore,  are  of  United 
States  authority  and  making,  and  all  that  resist  these  laws,  resist  the  power 
and  authority  of  the  United  States,  and  are,  therefore,  guilty  of  high  treason,. 
Now,  gentlemen,  if  you  find  that  any  persons  have  resisted  these  laws,  then 
must  you,  under  your  oaths,  find  bills  against  such  persons  for  high  treason. 
If  you  find  that  no  such  resistance  has  been  made,  but  that  combinations  have 
been  formed  for  the  purpose  of  resisting  them,  and  individuals  of  influence  and 
notoriety  have  been  aiding  and  abetting  in  such  combinations,  then  must  you 
still  find  bills  for  constructive  treason,  as  the  courts  have  decided  that  to  con 
stitute  treason  the  blow  need  not  be  struck,  but  only  the  intention  be  made 
evident." 

The  grand  jury  accordingly  made  a  presentment,  as  follows : 

"  The  grand  jury,  sitting  for  the  adjourned  term  of  the  first  district  court 


720  TROUBLES  IN  KANSAS. 

in  and  for  the  county  of  Douglas,  in  the  territory  of  Kansas,  beg  leave  to  re 
port  to  the  honorable  court  that,  from  evidence  laid  before  them,  showing  that 
the  newspaper  known  as  The  Herald  of  Freedom,  published  at  the  town  of 
Lawrence,  has  from  time  to  time  issued  publications  of  the  most  inflammatory 
and  seditious  character,  denying  the  legality  of  the  territorial  authorities,  ad 
dressing  and  commanding  forcible  resistance  to  the  same,  demoralizing  the 
popular  mind,  and  rendering  life  and  property  unsafe,  even  to  the  extent  of  ad 
vising  assassination  as  a  last  resort : 

"  Also,  that  the  paper  known  as  The  Kansas  Free  State  has  been  similarly 
engaged,  and  has  recently  reported  the  resolutions  of  a  public  meeting  in  John- 
sou  county,  in  this  territory,  in  which  resistance  to  the  territorial  laws,  even 
unto  blood,  has  been  agreed  upon  ;  and  that  we  respectfully  recommend  their 
abatement  as  a  nuisance.  Also,  that  we  are  satisfied  that  the  building  known 
as  the  '  Free  State  Hotel/  in  Lawrence,  has  been  constructed  with  the  view  to 
military  occupation  and  defense,  regularly  parapeted  and  port-holed  for  the 
use  of  cannon  and  small  arms,  and  could  only  have  been  designed  as  a  strong 
hold  of  resistance  to  law,  thereby  endangering  the  public  safaty,  and  encourag 
ing  rebellion  and  sedition  in  this  country ;  and  respectfully  recommend  that 
steps  may  be  taken  whereby  this  nuisance  may  be  removed. 

"  OWEN  C.  STEWART,  Foreman." 

In  order  to  accomplish  the  objects  of  this  presentment,  a  number  of  writs 
were  made  out  and  placed  in  the  hands  of  the  marshal  for  the  arrest  of  promi 
nent  citizens  of  that  place.  Although  it  is  asserted  that  no  attempts  were 
made  to  resist  the  marshal's  deputies  in  serving  these  writs,  the  marshal,  on  the 
1 1th  of  May,  issued  the  following  proclamation : 
"  To  THE  PEOPLE  OP  KANSAS  TERRITORY  : 

"  Whereas,  certain  judicial  writs  of  arrest  have  been  directed  to  me  by  the 
first  district  court  of  the  United  States,  etc.,  to  be  executed  within  the  county 
of  Douglas  ;  and  whereas,  an  attempt  to  execute  them  by  the  United  States 
deputy  marshal  was  evidently  resisted  by  a  large  number  of  the  citizens  of 
Lawrence,  and  as  there  is  every  reason  to  believe  that  any  attempt  to  execute 
these  writs  will  be  resisted  by  a  large  body  of  armed  men ;  now,  therefore,  the 
law-abiding  citizens  of  the  territory  are  commanded  to  be  and  appear  at  Le- 
compton,  as  soon  as  practicable,  and  in  numbers  sufficient  for  the  execution  of 
the  law. 

"  Given  under  my  hand,  this  llth  day  of  May,  1856. 

"I  B.  DONALSON, 
4  •';  "  United  States  Marshal  for  Kansas  Territory." 

Previous  to  the  publication  of  this  proclamation,  Buford's  Alabama,  South 
Carolina,  and  Georgia  regiment,  and  other  armed  bands,  had  taken  up  posi 
tions  in  the  vicinity  of  Lawrence,  who  were  not  only  committing  depredations 
upon  the  property  of  the  settlers,  but  were  intercepting,  robbing,  and  impris 
oning  travelers  on  the  public  thoroughfares,  and  threatening  to  attack  the 
town,  in  consequence  of  which  a  meeting  was  held,  and  a  committee  appointed 


OFFICIAL  CORRESPONDENCE.  721 

to  address  Gov.  Shannon,  stating  the  facts  in  gentle  terms,  and  asking  his  pro 
tection  against  such  bands  by  the  United  States  troops  at  his  disposal. 

To  this  respectful  application  the  committee  received  the  following  reply: 

"  GENTLEMEN  :  Your  note  of  the  llth  inst.  is  received,  and,  in  reply,  I  have 
to  state  that  there  is  no  force  around  or  .approaching  Lawrence,  except  the  le 
gally  constituted  posse  of  the  United  States  marshal  and  sheriff  of  Douglas 
county,  each  of  whom,  I  am  informed,  have  a  number  of  writs  in  their  hands 
for  execution  against  persons  now  in  Lawrence.  I  shall  in  no  way  interfere 
with  either  of  these  officers  in  the  discharge  of  their  official  duties. 

"  If  the  citizens  of  Lawrence  submit  themselves  to  the  territorial  laws,  and 
aid  and  assist  the  marshal  and  sheriff  in  the  execution  of  processes  in  their 
hands,  as  all  good  citizens  are  bound  to  do  when  called  on,  they,  or  all  such, 
will  entitle  themselves  to  the  protection  of  the  law.  But  so  long  as  they  keep 
up  a  military  or  armed  organization  to  resist  the  territorial  laws  and  the  offi 
cers  charged  with  their  execution,  I  shall  not  interpose  to  save  them  from  the 
legitimate  consequences  of  their  illegal  acts. 

"  I  have  the  honor  to  be  yours,  with  great  respect, 

"  WILSON  SHANNON." 

Still  desirous  of  averting  the  impending  difficulties,  the  citizens  of  Law 
rence  held  another  meeting  on  the  13th,  when  the  following  preamble  and  re 
solution  were  adopted,  copies  of  which  were  immediately  forwarded  to  Marshal 
Donalson  and  Governor-  Shannon : 

"  Whereas,  by  a  proclamation  to  the  people  of  Kansas  territory,  by  I.  B. 
Donalson,  United  States  Marshal  for  said  territory,  issued  on  the  llth  day  of 
May,  1856,  it  is  alleged  that  'certain  judicial  writs  of  arrest  have  been  direct 
ed  to  him  by  the  first  district  court  of  the  United  States,  etc.,  to  be  executed 
within  the  county  of  Douglas,  and  that  an  attempt  to  execute  them  by  the 
United  States  deputy  marshal  was  violently  resisted  by  a  large  number  of  the 
citizens  of  Lawrence,  and  that  there  is  every  reason  to  believe  that  any  attempt 
to  execute  said  writs  will  be  resisted  by  a  large  body  of  armed  men ' ;  there 
fore, 

"  fiesolved,  by  this  public  meeting  of  the  citizens  of  Lawrence,  held  this 
thirteenth  day  of  May,  1856,  that  the  allegations  and  charges  against  us,  con 
tained  in  the  aforesaid  proclamation,  are  wholly  untrue  in  fact,  and  the  con 
clusion  which  is  drawn  from  them.  The  aforesaid  deputy  marshal  was  resisted 
in  no  manner  whatever,  nor  by  any  person  whatever,  in  the  execution  of  said 
writs,  except  by  him  whose  arrest  the  said  deputy  marshal  was  seeking  to  make. 
And  that  we  now,  as  we  have  done  heretofore,  declare  our  willingness  and  de 
termination,  without  resistance,  to  acquiesce  in  the  service  upon  us  of  any  ju 
dicial  writs  against  us  by  the  United  States  deputy  marshal  for  Kansas  terri 
tory,  and  will  furnish  him  with  a  posse  for  that  purpose,  if  so  requested  ;  but 
that  we  are  ready  to  resist,  if  need  be,  unto  death,  the  ravages  and  desolation 
of  an  invading  mob.  J.  A.  WAKEFIELD,  President." 

On  the  T  4th,  «till  another  meeting  was  held  at  Lawrence,  and  a  letter,  signed 


722  TROUBLES  IN  KANSAS. 

by  a  large  and  respectable  committee  appointed  for  that  purpose,  was  sent  to 
the  marshal,  in  which  it  was  affirmed  "  that  no  opposition  will  now,  or  at  any 
future  time,  be  offered  to  the  execution  of  any  legal  process  by  yourself,  or  any 
person  acting  for  you.  We  also  pledge  ourselves  to  assist  you,  if  called  upon, 
in  the  execution  of  any  legal  process.. 

"  We  declare  ourselves  to  be  order-loving  and  law-abiding  citizens ;  and 
only  await  an  opportunity  to  testify  our  fidelity  to  the  laws  of  the  country,  the 
constitution,  and  the  Union. 

"We  are  informed,  also,  that  those  men  collecting  about  Lawrence  openly 
declare  that  it  is  their  intention  to  destroy  the  town  and  drive  off  the  citizens. 
Of  course  we  do  not  believe  you  give  any  countenance  to  such  threats  ;  but,  in 
view  of  the  excited  state  of  the  public  mind,  we  ask  protection  of  the  consti 
tuted  authorities  of  the  government,  declaring  ourselves  in  readiness  to  coope 
rate  with  them  for  the  maintenance  of  the  peace,  order,  and  quiet  of  the  com 
munity  in  which  we  live." 

In  reply  to  this,  the  marshal  sends  a  lengthy  communication,  which  he  closes 
with  these  words : 

"  You  say  you  call  upon  the  constituted  authorities  of  the  government  for 
protection.  This,  indeed,  sounds  strange  from  a  large  body  of  men  armed  with 
Sharpe's  rifles,  and  other  implements  of  war,  bound  together  by  oaths  and 
pledges,  to  resist  the  laws  of  the  government  they  call  on  for  protection.  All 
persons  in  Kansas  territory,  without  regard  to  location,  who  honestly  submit 
to  the  constituted  authorities,  will  ever  find  me  ready  to  aid  in  protecting  them ; 
and  all  who  seek  to  resist  the  laws  of  the  land,  and  turn  traitors  to  their  coun 
try,  will  find  me  aiding  and  enforcing  the  laws,  if  not  as  an  officer,  as  a  citizen." 

Whilst  these  documents  were  passing,  the  roads  were  blockaded  by  the  mar 
shal's  posse  of  southern  volunteers,  upon  which  no  man  without  a  passport 
could  safely  venture.  Captain  Samuel  Walker,  who  had  carried  one  of  the 
above-mentioned  letters  to  Lecompton,  was  fired  upon  on  his  return  to  Law 
rence.  Mr.  Miller,  who  with  two  others  had  gone  up  to  negotiate  with  the 
governor  for  an  amicable  adjustment  of  the  pending  troubles,  was  taken  pris 
oner  by  a  detachment  of  Buford's  South  Carolinians  near  Lecompton,  who, 
knowing  him  to  have  been  from  their  own  state,  tried  him  for  treason  and  sen 
tenced  him  to  be  hung.  He  contrived,  somehow,  to  get  away  with  the  loss  of 
his  horse  and  purse.  Mr.  Weaver,  a  sergeant-at-arms  of  the  congressional 
committee,  was  arrested  while  in  the  discharge  of  his  duty,  and  carried  across 
the  Kansas  river,  to  the  South  Carolinian  camp,  where,  after  a  critical  exami 
nation  of  his  papers,  he  was  discovered  to  be  in  the  service  of  the  United 
States,  and  released,  the  officer  in  command  giving  him  a  pass,  and  kindly  ad 
vising  him  to  answer  promptly,  if  challenged,  otherwise  he  might  be  shot. 
Outrages  of  this  kind  became  so  frequent  that  all  travel  was  at  last  suspended. 

On  the  Ifth  of  May,  the  citizens  of  Lawrence,  through  a  committee,  again 
addressed  the  United  States  marshal  in  the  words  of  the  following  letter  : 
"  I.  B.  DONALSON,  U.  S.  MARSHAL  OF  K.  T. 

"  Dear  Sir  :  We  desire  to  call  your  attention,  as  citizens  of  Kansas,  to  thi 


THE  MARSHAL'S  ARMY.  723 

fact  that  a  large  force  of  armed  men  have  collected  in  the  vicinity  of  Lawrence, 
and  are  engaged  in  committing  depredations  upon  our  citizens  ;  stopping  wag 
ons,  arresting,  threatening  and  robbing  unoffending  travelers  on  the  highway, 
breaking  open  boxes  of  merchandise  and  appropriating  the  contents ;  have 
slaughtered  cattle,  and  terrified  many  of  the  women  and  children. 

"We  also  learned  from  governor  Shannon,  'that  there  are  no  armed  forces 
in  the  vicinity  of  this  place  but  the  regular  constituted  militia  of  the  territory; 
this  is  to  ask  if  you  recognize  them  as  your  posse,  and  feel  responsible  for  their 
acts.  If  you  do  not,  we  hope  and  trust  you  will  prevent  a  repetition  of  such 
acts,  and  give  peace  to  the  settlers."  Signed  by  the  citizens. 

To  this  communication  no  reply  was  given.  ''  In  the  meantime,  prepara 
tions  were  going  forward,  and  vigorously  prosecuted,  for  the  sacking  of  Law 
rence.*  The  pro-slavery  people  were  to  'wipe  out'  this  ill-fated  town  under 
authority  of  law.  They  had  received  the  countenance  of  the  president — the 
approbation  of  the  chief-justice — the  favorable  presentment  of  the  grand 
jury — the  concurrence  of  the  governor — the  orders  of  the  marshal, — and  were 
prepared  to  consummate  their  purpose  with  the  arms  of  the  government,  in  the 
hands  of  a  militia  force  gathered  from  the  remotest  sections  of  the  Union. 
They  concentrated  their  troops  in  large  numbers  around  the  doomed  city,  steal 
ing,  or,  as  they  termed  it,  '  pressing  into  the  service,'  all  the  horses  they  could 
find  belonging  to  free-state  men,  whose  cattle  were  also  slaughtered,  without 
remuneration,  to  feed  the  marshal's  forces ;  and  their  stores  and  dwellings  bro 
ken  open  and  robbed  of  arms,  provisions,  blankets  and  clothing.  The  mar 
shal's  army  had  a  host  of  commanders.  There  was  general  Atchison,  with 
the  Missouri  Platte  county  rifles,  and  two  pieces  of  artillery ;  captain  Dunn, 
with  the  Kickapoo  Rangers  ;  general  Stringfellow,  and  colonel  Abel,  his  law- 
partner,  aided  by  doctor  John  H.  Stringfellow,  and  Rohert  S.  Kelly,  editors 
of  the  Squatter  Sovereign,  with  the  forces  from  Doniphin,  Atchison  and 
Leavenworth ;  colonel  Boone,  with  sundry  aids,  at  the  head  of  companies  from 
Westport,  Liberty  and  Independence ;  colonels  Wilkes  and  Buford,  with  the 
Carolinians,  Georgians  and  Mississippians  ;  colonel  H.  T.  Titus,  in  command 
of  the  Douglas  county  militia ;  and  many  others  too  numerous  to  mention. 
On  the  19th  of  May,  while  these  forces  were  collecting  for  the  destruction  of 
Lawrence,  a  young  man  from  Illinois,  named  Jones,  had  been  to  a  store  near 
Blanton's  bridge,  to  purchase  flour,  when  he  was  attacked  by  two  of  the  mar 
shal's  party,  who  were  out  as  scouts.  To  escape  these  men,  Jones  dismounted 
and  entered  the  store,  into  which  they  followed,  and  there  abused  him.  He 
again  mounted  his  horse  and  started  for  home,  the  others  following,  and  swear 
ing  that  the  d — d  abolitionist  should  not  escape.  When  near  the  bridge,  they 
leveled  their  guns  ( United  States  muskets, )  and  fired.  Jones  fell  mortally 
wounded/and  soon  expired.  On  the  following  morning,  several  young  men, 
hearing  of  this  transaction,  left  Lawrence  to  visit  the  scene  of  the  tragedy. 
One  of  these  was  named  Stewart,  who  had  but  recently  arrived  from  the 

*Gih.on's  History  of  Kansas. 


724  TROUBLES  IN  KANSAS. 

state  of  N"ew  York.  They  had  gone  about  a  mile  and  a  half,  when  they  met 
two  men,  armed  with  Sharpe's  rifles.  Some  words  passed  between  them,  when 
the  two  strangers  raised  their  rifles,  and,  taking  deliberate  aim  at  Stewart, 
fired.  One  of  the  balls  entered  his  temple.  The  work  of  death  was  instantly 
accomplished.  Soon  after  sunrise,  on  the  morning  of  the  21st,  an  advanced 
guard  of  the  marshal's  army  consisting  of  about  200  horsemen,  appeared  on 
the  top  of  Mount  Oread,  on  the  outskirts  of  Lawrence,  where  their  cannon 
had  been  stationed  late  on  the  preceding  night.  The  town  was  quiet,  and 
the  citizens  had  determined  to  submit  without  resistance  to  any  outrage  that 
might  be  perpetrated.  About  seven  o'clock,  doctor  Robinson's  house,  which 
stood  on  the  side  of  the  hill,  was  taken  possession  of,  and  used  as  the  head 
quarters  of  the  invaders.  At  eight  o'clock,  the  main  body  of  the  army  posted 
themselves  on  the  outer  edge  of  the  town.  Deputy  marshal  Fain,  with  ten 
men,  entered  Lawrence,  and,  without  molestation,  served  the  writs  in  his  pos 
session,  and  arrested  judge  G.  W.  Smith  and  G.  W.  Deitzler.  Fain  and  his 
companions  dined  at  the  free-state  hotel,  and  afterwards  returned  to  the  army 
on  Mount  Oread.  The  marshal  then  dismissed  his  monster  posse,  telling  them 
he  had  no  further  use  for  them.  It  was  three  o'clock  in  the  afternoon,  when 
sheriff  Jones  rode  rapidly  into  Lawrence,  at  the  head  of  twenty-five  mounted 
men ;  and  as  he  passed  along  the  line  of  the  troops,  he  was  received  with 
deafening  shouts  of  applause.  His  presence  was  the  signal  for  action,  and  a 
sanction  for  the  outrages  that  ensued.  Atchison  addressed  his  forces,  and  then 
marched  the  whole  column  to  within  a  short  distance  of  the  hotel,  where  they 
halted.  Jones  now  informed  colonel  Eldridge,  the  proprietor,  that  the  hotel 
must  be  destroyed ;  he  was  acting  under  orders  ;  he  had  writs  issued  by  the 
first  district  court  of  the  United  States  to  destroy  the  free-state  Hotel,  and 
the  offices  of  the  Herald  of  Freedom,  and  Free  Press.  The  grand  jury  at 
Lecompton  had  indicted  them  as  nuisances,  and  the  court  had  ordered  them 
to  be  destroyed.  He  gave  colonel  Eldridge  an  hour  and  a  half  to  remove  his 
family  and  furniture,  after  which  time  the  demolition  commenced,  and  was 
prosecuted  with  an  earnestness  that  would  have  done  credit  to  a  better  cause. 
In  the  meantime  the  newspaper  offices  had  been  assailed,  the  presses  broken  to 
pieces,  and  these,  with  the  type  and  other  material,  thrown  into  the  Kansas 
river.  Whilst  the  work  of  destruction  was  going  on  at  the  printing  offices, 
the  bombardment  of  the  hotel,  a  strongly  constructed  three-story  stone  building, 
commenced.  Kegs  of  gunpowder  had  been  placed  inside  and  the  house  fired 
in  numerous  places ;  and  whilst  the  flames  were  doing  their  destructive  work 
within,  heavy  cannon  were  battering  against  the  walls  without ;  and  amid  the 
crackling  of  the  conflagration,  the  noise  of  falling  walls  and  timbers,  and  the 
roar  of  the  artillery,  were  mingled  almost  frantic  yells  of  satisfaction.  And 
then  followed  scenes  of  reckless  pillage  and  wanton  destruction  in  all  parts  of 
that  ill-fated  town.  Stores  were  broken  into  and  plundered  of  their  contents. 
Bolts  and  bars  were  no  obstacles  to  the  entrance  of  drunken  and  infuriated 
men  into  private  dwellings,  from  which  most  of  the  inhabitants  had  fled  in  ter 
ror.  From  these  everything  of  value  was  stolen,  and  much  that  was  useless  to 


GUERILLA  BANDS.  725 

the  marauders  was  destroyed.  The  closing  act  of  this  frightful  drama  was  the 
burning  of  the  house  of  doctor  Robinson  on  the  brow  of  Mount  Oread.  This 
was  set  on  tire  after  the  sun  had  gone  down,  and  the  bright  light  which  its 
flames  shed  over  the  country  illuminated  the  paths  of  the  retreating  army,  as 
they  proceeded  towards  their  homes. 

"  After  the  sacking  of  Lawrence,  parties  of  free-state  men  were  organized 
and  armed  with  the  determination  to  continue  the  war  which  had  now  begun  in 
earnest.    Some  of  these  committed  depredations  upon  their  political  opponents 
under  the  pretense  of  recovering  horses  and  other  property  of  which  them 
selves  and  neighbors  had  been  robbed.     They  attacked  the  pro-slavery  men  in 
the   roads   and  at  their  dwellings,   and  committed  most  flagrant  outrages. 
These  organizations  and  their  actions  were  condemned  by  the  prominent  and 
more  respectable  portions  of  the  free-state  party,  and  very  few  of  the  actual 
settlers  of  the  territory  had  any  lot  or  part  in  their  proceedings.     They  were 
chiefly  composed  of  men  of  desperate  fortunes,  who  were  actuated  in  many 
instances  as  much  by  a  disposition  to  plunder  as  from  a  spirit  of  retaliation 
and  revenge  for  insults  and  injuries  they  had  received,     A  detachment  of  one 
of  these  parties,  eight  in  number,  secreted  themselves  in  a  ravine  near  the 
Santa  Fe  road,  where  they  laid  in  wait  for  a  company  of  eighteen  pro-slavery 
men  who  they  had  understood  were  coming  in  that  direction  on  a  marauding 
expedition,  and  as  they  approached,  a  fire  was  poured  into  them  from  their 
ambushed  enemies,  killing  three  and  wounding  several  more.     The  remainder, 
not  knowing  the  strength  of  their  assailants,  fled  in  dismay.     Other  instances 
of  the  kind  were  constantly  occurring.     Indeed,  it  seems  as  though  each  party 
was  determined  to  vie  with  the  other  in  the  number  of  outrages  it  could  com 
mit.     Captain   John  Brown,  who  lived  near  Ossawattomie,  was  the  leader 
of  one  of  these  free-state  guerilla  bands.     He  was  a  Vermonter  by  birth,  an 
old  soldier,  and  had  served  through  the  war  of  1812.     He  was  a  resolute,  de 
termined  and  brave  old  man  ;  but  fierce,  passionate,  revengeful  and  inexorable. 
His  hatred  for  the  border-ruffians  had  reached  so  high  a  degree,  that  he  could 
emulate  the  worst  of  them  in  acts  of  cruelty,  whilst  not  one  of  -them  was  his 
equal  as  a  tactician,  or  possessed  as  much  courage  and  daring.     Hence  his 
name  soon  became  a  terror,  and  not  a  few  unsuccessful  attempts  were  made  to 
effect  his  capture.     Brown  is  said  to  have  been  the  leader  of  a  band,  who  on 
the  night  of  the  26th  of  May,  attacked  a  pro-slavery  settlement  at  Pottawat- 
tomie,  and  cruelly  murdered  a  Mr.  Doyle  and  his  two  sons,  Mr.  Wilkinson  and 
Wm.  Sherman.     The  excuse  given  for  this  act  is,  that  the  persons  killed  were 
there  assembled  to  assassinate  and  burn  the  houses  of  certain  free-state  men, 
whom  they  had  notified  to  quit  the  neighborhood.     These  five  men  were  seized 
and  disarmed,  a  sort  of  trial  was  had,  and  in  conformity  with  the  sentence 
passed,  were  shot  in  cold  blood.     This  was  doubtless  an  act  of  retaliation  for 
the  work  done  but  a  few  days  before  at  Lawrence.     Captain  H.  C.  Pate,  who 
was   in  command   of  a  predatory  band  of  about   sixty  Missourians,  called 
'  Shannon's    Sharp  Shooters,'  resolved  to  capture  Capt.   John  Brown,   and 
with  this  intent  visited  Ossawattomie  on  the  last  day  of  May.     Brown  was 


726  TROUBLES   IN   KANSAS. 

absent,  and  Captain  Pate  succeeded  without  resistance,  in  taking  prisoners  two 
of  his  sons,  whom  he  found  engaged  in  their  peaceful  occupations.  Captain 
Pate's  men  burned  the  store  of  a  German  named  Winer,  who  was  supposed  to 
have  been  in  the  Pottawatomie  affair,  and  also  the  house  of  young  John  Brown, 
the  Captain's  son.  After  committing  these  and  other  depredations  upon  the 
free-state  settlers,  the  most  of  whose  houses  they  entered  and  robbed,  Pate  and 
his  company  left  the  place,  taking  with  them  their  prisoners.  These  they  de 
livered  to  a  company  of  United  States  dragoons,  whom  they  found  encamped 
on  the  Middle  Ottawa  Creek.  When  Captain  Brown  learned  of  the  visit  of 
Pate,  he  gathered  a  company  of  about  thirty  men,  and  hastening  in  pursuit, 
overtook  him  on  the  2d  of  June,  near  Palmyra,  about  fifteen  miles  from  Law 
rence.  Pate  was  encamped  when  Bro\vn  appeared,  and  having  been  informed 
of  his  approach,  had  fortified  his  camp  by  drawing  together  some  heavy  wag 
ons.  Brown  soon  made  his  arrangements,  and  notwithstanding  the  disparity 
of  their  forces,  commenced  the  attack,  when  a  spirited  battle  ensued.  This 
lasted  about  three  hours,  when  Captain  Pate  sent  out  a  flag  of  truce,  and  un 
conditionally  surrendered.  Some  of  his  men  had  ridden  off  during  the  fight, 
as  was  also  the  case  with  some  of  Brown's  command.  Several  were  severely 
wounded  on  both  sides,  but  none  were  killed.  Brown  took  thirty-one  prisoners, 
a  large  number  of  horses,  some  wagons,  arms,  munitions,  and  a  considerable 
amount  of  plunder  that  had  been  seized  at  various  places  by  Pate's  men. 
Soon  after  the  surrender  of  Pate,  Brown  was  reinforced  by  Captain  Abbott, 
with  a  company  of  fifty  men  from  the  Wakarusa,  who  had  come  to  his  assis 
tance.  Whilst  Brown  was  in  pursuit  of  Captain  Pate  with  the  free-state  men 
from  Ossawattomie,  other  parties  from  Lawrence  and  the  Wakarusa  were 
planning  an  attack  on  Franklin,  where  a  number  of  the  pro-slavery  rangers 
had  remained,  since  the  sacking  of  Lawrence.  Franklin  is  about  four  miles 
from  the  latter  town,  near  the  Wakarusa,  and  on  the  road  to  Westport.  It 
was  a  sort  of  Missouri  headquarters,  where  the  forces  were  accustomed  to  as 
semble  whenever  a  descent  upon  Lawrence  was  contemplated.  Having  settled 
the  preliminaries  to  their  satisfaction,  a  company  of  the  attacking  party  entered 
Franklin  about  two  o'clock  on  the  morning  of  June  4th.  The  night  was  ex 
tremely  dark,  and  everything  in  and  about  the  town  was  wrapped  in  the  most 
profound  stillness.  Yet  the  pro-slavery  forces  had  been  apprised  of  the  in 
tended  visit,  and  were  prepared  to  give  the  intruders  a  warm  reception.  The 
latter,  numbering  about  fifteen  men,  proceeded  directly  to  the  guard-house  and 
demanded  a  surrender,  which  was  answered  by  the  discharge  of  a  cannon 
planted  in  the  door,  that  had  been  loaded  heavily  with  every  imaginable  sort 
of  missile  that  could  be  crammed  into  its  muzzle.  The  noise  of  the  explosion 
was  like  the  loud  roar  of  thunder  in  the  very  midst  of  the  town.  Fortunately 
for  the  assailants,  the  gun  was  not  properly  pointed,  and  its  infernal  contents 
passed  harmless  over  their  heads.  Then  came  on  the  battle.  A  volley  from 
the  Sharpe's  rifles  of  the  free-state  men  was  poured  into  the  guard-room  door, 
simultaneously  with  which,  many  shots  came  down  from  the  neighboring 
Houses.  The  attacking  party  threw  themselves  upon  the  ground,  and  without 


HICKORY   POINT.  727 

any  regular  order,  kept  up  a  random  fire  as  rapidly  as  they  could  load  their 
pieces,  their  enemies  constantly  returning  their  shots.  In  the  meantime,  re 
inforcements  entered  the  town,  but  in  consequence  of  the  extreme  darkness 
and  the  uncertainty  of  the  positions  of  the  contending  forces,  they  could  take 
no  part  in  the  fight,  not  being  able  to  distinguish  their  foes  from  their  friends. 
They  nevertheless  made  the  best  of  their  time,  having  broken  into  the  stores 
and  loaded  their  wagon,  which  had  been  brought  for  the  purpose,  with  ammu 
nition,  rifles,  guns,  provisions  and  such  other  articles  as  they  desired,  the  greater 
part  of  which  were  Buford's  stores,  previously  captured  from  free-state  people. 
The  firing  continued  on  both  sides  until  nearly  daylight,  when  the  pro-slavery 
men  retired,  leaving  their  enemies  in  possession  of  the  town.  In  this  affair  a 
pro-slavery  man  named  Teschmaker  was  killed,  and  three  or  four  wounded. 
One  man  had  his  ear  shot  off.  The  assailants  received  no  injury  whatever. 
One  remarkable  feature  in  all  these  Kansas  battles,  is,  that  although  many  per 
sons  were  sometimes  engaged,  who  fought  with  passions  inflamed  to  the  most 
violent  pitch,  the  loss  on  either  side  was  almost  invariably  quite  insignificant. 
Those  who  suffered  death  were  generally  murdered,  not  in  the  heat  of  battle, 
but  deliberately  and  in  cold  blood,  when  the  fights  were  over.  General  Whit- 
field,  in  the  meantime,  had  collected  a  large  force,  chiefly  from  Jackson  county, 
Mo.,  with  which,  accompanied  by  General  Reid,  and  other  prominent  mem 
bers  of  his  party,  professedly  to  relieve  Captain  Pate,  and  attack  and  capture 
Brown,  he  entered  the  territory  and  encamped  near  Palmyra.  Whilst  this 
army  was  assembling,  the  free-state  bands  were  also  concentrating  and  moving 
towards  the  same  neighborhood.  These  latter,  says  one  of  their  own  writers, 
'  were  a  harum-scarum  set,  as  brave  as  steel,  mostly  mere  boys,  and  did  not 
consider  it  a  sin  to  '  press '  a  pro-slavery  man's  horse.  At  various  times  they 
have  made  more  disturbance  than  all  other  free-state  men  together.  They 
were  under  no  particular  restraint,  and  did  not  recognise  any  authority — mili 
tary,  civil,  or  otherwise — any  further  than  suited  their  convenience.  While 
they  went  around  the  country  skirmishing,  and  carrying  on  the  war  against  the 
pro-slavery  men  on  their  own  hook,  and  in  their  own  time  and  way,  they  were 
at  the  same  time  quite  willing  to  lend  a  hand  in  more  systematic  and  impor 
tant  fighting  when  there  was  an  opportunity.  These  boys  have  been  most  bit 
terly  maligned,  and  the  free  state  men,  or  conservative  free-state  men,  were  not 
slow  to  denounce  them.  Resolutions  were  passed  by  the  sensitively  moral  free- 
state  people,  or  the  sensitively  timid,  declaring  that  these  daring  young  guer 
illas  were  a  nuisance,  and  that  they,  the  conservative  class,  did  not  wish  to  be 
held  responsible  for  them.  To  all  this  moralizing  these  young  braves  turned 
up  their  noses,  ironically  recommending  all  who  were  too  cowardly  to  fight  to 
'  keep  right  on  the  record.'  For  their  own  part  they  regarded  the  war  as  be 
gun,  and  would  wage  it  against  the  pro- slavery  men  as  the  pro-slavery  men 
waged  it  against  their  free-state  friends.'  This  was  the  state  of  affairs  near 
Hickory  Point  on  the  morning  of  the  5th  of  June.  Whitfield  was  encamped 
behind  Palmyra. with  near  three  hundred  men.  The  free-state  camps  mustered, 
on  mustering  en  that  day,  were  about  two  hundred  strong,  and  two  companies 


728  TROUBLES    IN   KANSAS. 

were  marching  from  Topeka  with  fifty  more,  who  arrived  the  day  after.  The 
governor,  in  view  of  this  condition  of  things,  issued  a  proclamation  on  the  4th, 
'  commanding  all  persons  belonging  to  military  companies  unauthorized  by  law 
to  disperse,  otherwise  they  would  be  dispersed  by  United  States  troops.'  Col. 
Sumner,  at  the  head  of  a  large  force  of  dragoons,  proceeded  towards  Hickory 
Point  to  enforce  the  order.  He  went  directly  to  the  camp  of  Brown,  on  Ot 
tawa  Creek,  who  consented  to  disband,  but  not  until  he  was  assured  that  Whit- 
field's  army  should  be  dispersed.  Pate  and  the  other  prisoners  were  then  set  at 
liberty,  and  their  horses,  arms  and  other  property  restored.  Captain  Pate  re 
ceived  a  severe  rebuke  for  invading  the  territory  without  authority,  and  espe 
cially  for  being  in  possession  of  the  United  States  arms.  Col.  •  Sumner  next 
visited  the  camp  of  Whitfield,  who  promised  to  return  with  his  men  to  Missouri, 
and  at  once  moved  down  the  Santa  Fe  road,  and  encamped  about  five  miles 
below  Palmyra  on  the  Black  Jack.  Early  on  the  following  morning,  June  6th, 
this  army  separated  into  two  divisions,  one-half  of  it  under  General  Reid,  with 
Captain  Pate,  Bell,  Jenigen,  and  other  prominent  leaders,  moving  towards 
Ossawattomie,  whilst  the  others  under  Whitfield,  started  for  Westport.  They 
had,  in  their  march  on  the  day  previous,  taken  several  prisoners,  and  before 
they  divided,  held  a  court  among  themselves  and  tried  one  of  these,  a  free- 
state  man  named  Cantral,  whom  they  sentenced  to  death,  carried  into  a  deep 
ravine  near  by,  and  shot.  The  executioner  in  this  case  is  said  to  have  been  a 
man  named  Forman,  of  Pate's  company,  belonging  to  Westport,  Missouri. 
On  the  7th,  Reid,  with  one  hundred  and  seventy  men,  marched  into  Ossawatto 
mie,  and  without  resistance,  entered  each  house,  robbing  it  of  everything  of 
value.  There  were  but  few  men  in  the  town,  and  the  women  and  children 
were  treated  with  the  utmost  brutality.  Stores  and  dwellings  were  alike  en 
tered  and  pillaged.  Trunks,  boxes,  and  desks  were  broken  open,  and  their 
contents  appropriated  or  destroyed.  Even  rings  were  rudely  pulled  from  the 
ears  and  fingers  of  the  women,  and  some  of  the  apparel  from  their  persons. 
The  liquor  found  was  freely  drunk,  and  served  to  incite  the  plunderers  to  in 
creased  violence  in  the  prosecution  of  their  mischievous  work.  Having  com 
pletely  stripped  the  town,  they  set  fire  to  several  houses,  and  then  beat  a 
rapid  retreat,  carrying  off  a  number  of  horses,  and  loudly  urging  each  other  to 
greater  haste,  as  '  the  d — d  abolitionists  were  coming!'  There  are  hundreds 
of  well  authenticated  accounts  of  the  cruelties  practiced  by  this  horde  of 
ruffians,  some  of  them  too  shocking  and  disgusting  to  relate,  or  to  be  accred 
ited  if  told.  The  tears  and  shrieks  of  terrified  women  failed  to  touch  a  chord 
of  mercy,  and  the  mutilated  bodies  of  murdered  men,  hanging  upon  the  trees,  or 
left  to  rot  upon  the  prairies  or  in  the  deep  ravines,  or  furnish  food  for  vultures 
and  wild  beasts,  told  frightful  stories  of  brutal  ferocity." 

An  Indian  agent  named  Gay,  was  traveling  in  the  vicinity  of  Westport,  and 
was  stopped  by  a  party  of  Buford's  men,  who  asked  if  he  was  in  favor  of 
making  Kansas  a  free  state.  He  promptly  answered  in  the  affirmative,  and 
was  instantly  shot  dead.  Whilst  these  events  were  transpiring  on  the  south 
side  of  the  Kansas  river,  Col.  Wilkes,  Captain  Emory,  and  other  prominent 


OSSAWATTOMIE   AND   FRANKLIN.  729 

pro-slavery  men,  were  actively  employed  in  persecuting  the  free-state  citizens 
of  Leavenworth.  Notices  were  served  on  them  to  quit  the  city  ;  some  were 
violently  seized  and  imprisoned,  and  still  others  carried  to  the  levee,  having 
been  deprived  of  all  their  property  and  the  greater  part  of  their  clothing, 
placed  on  board  of  steamers,  and  thus  compelled  to  leave  the  country.  At  the 
same  time  the  steamboats  coming  up  the  river  continued  to  be  boarded  at  every 
stopping  place,  the  free-state  passengers  insulted,  their  trunks  broken  open 
and  robbed,  and  their  arms  taken  from  them ;  after  which  they  were  put  upon 
return  boats,  and  forced  to  go  back. 

In  August,  1856,  the  troubles  in  the  territory  reached  their  culminating 
point.  The  free  state  immigrants  had  opened  a  new  route  into  the  territory 
through  Nebraska  and  Iowa,  and  large  and  well-armed  companies  came  pour 
ing  in,  many  of  them  of  irreproachable  character,  who  came  to  the  relief  of  the 
oppressed  ;  and  others  of  desperate  fortunes,  eager  to  take  part  in  the  disturb 
ances,  from  a  spirit  of  revenge  or  a  love  of  the  excitement ;  and  still  others, 
perhaps  for  the  sole  purpose  of  plunder.  These  bands  were  generally  under 
the  direction  of  Lane,  Redpath,  Perry,  and  other  prominent  free  state  leaders. 
The  pro-slavery  marauders  south  of  the  Kansas  river  had  established  and  forti 
fied  themselves  at  the  town  of  Franklin  ;  at  a  fort  thrown  up  near  Osawat- 
tomie  ;  at  another  on  Washington  Creek,  twelve  miles  from  Lawrence  ;  and  at 
Col.  Titus'  house,  on  the  border  of  Lecompton.  From  these  strongholds  they 
would  sally  forth,  "  press  "  horses  and  cattle,  intercept  the  mails,  rob  stores  and 
dwellings,  plunder  travellers,  burn  houses,  and  destroy  crops.  The  fort  near 
Osawattomie,  in  consequence  of  outrages  committed  in  the  neighborhood,  and 
at  the  solicitation  of  the  settlers,  was  attacked  by  a  company  of  free  state  men 
from  Lawrence,  on  the  5th  of  August.  A  party  of  Georgians  who  held  this 
position,  upon  the  approach  of  the  enemy,  fled  without  firing  a  gun,  leaving 
behind  a  large  quantity  of  plunder.  The  fort  was  then  taken  and  demolished. 
The  defeated  party  retreated  to  the  fort  at  Washington  Creek,  and  thence  con 
tinued  their  depredations  upon  the  neighboring  inhabitants.  On  the  llth,  the 
people  of  Lawrence  sent  Major  D.  S.  Hoyt,  a  peaceable  man,  who  was  greatly 
respected,  to  this  camp  to  endeavor  to  make  some  sort  of  amicable  arrange 
ment  with  Col.  Treadwell,  the  commander.  On  his  way  home  he  was  waylaid 
and  shot,  his  body  being  fairly  riddled  with  bullets.  This  news  so  enraged  the 
people  of  Lawrence,  that  on  the  12th  they  attacked  the  pro-slavery  post  at 
Franklin.  The  enemy  was  strongly  fortified  in  a  block-house,  and  had  one 
brass  six-pounder.  This  battle  lasted  three  hours,  and  was  conducted  with 
great  spirit  on  both  sides.  The  free  state  men,  at  length,  drew  a  wagon  load 
of  hay  against  the  house,  and  were  about  to  set  it  on  fire,  when  the  inmates 
cried  for  quarter.  They  then  threw  down  their  arms  and  fled.  In  this  engage 
ment  the  free  state  men  had  one  killed  and  six  wounded.  The  other  side  had 
four  severely  wounded,  one  of  them  mortally.  The  cannon  taken  was  one  that 
had  been  used  to  batter  down  the  walls  of  the  Lawrence  hotel.  A  general 
panic  seized  the  Missouri  and  other  southern  intruders,  on  learning  these 
repeated  free  state  successes.  On  the  15th,  the  Georgian  camp  at  Washington 
47 


730  TROUBLES  IN  KANSAS. 

Creek  broke  up  in  great  confusion,  its  occupants  flying  in  hot  haste  as  the 
Lawrence  forces  approached.  This  fort  was  entered  without  resistance  ;  large 
quantities  of  provisions  and  goods  taken  at  Lawrence  were  recovered ;  the 
building  was  set  on  fire  and  entirely  consumed.  The  next  blow  was  struck  at 
Col.  Titus'  fortified  house,  near  Lecompton.  Lecoinpton  was  the  stronghold 
of  the  pro-slavery  party.  It  was  the  capital  of  the  territory,  the  headquarters 
of  Governor  Shannon,  and  within  two  miles  of  the  house  of  Titus,  a  large 
force  of  United  States  dragoons  was  encamped.  Captain  Samuel  Walker,  a 
Pennsylvania!),  commanded  the  attacking  army  With  about  four  hundred 
men  and  one  brass  six-pounder,  he  took  up  a  position  upon  an  elevated  piece 
of  ground  near  the  house,  soon  after  sunrise  on  the  morning  of  the  16th  of 
August.  The  fight,  which  was  a  spirited  one,  immediately  commenced,  and 
resulted  in  the  capture  of  Titus,  Capt.  William  Donaldson  (who  also  had  ren 
dered  himself  notorious  at  the  sacking  of  Lawrence  and  elsewhere),  and  of 
eighteen  others.  Five  prisoners,  previously  taken  by  Titus'  party,  were 
released,  one  of  whom  had  been  sentenced  to  be  shot  that  very  day.  One  of 
his  men  was  killed  in  this  engagement,  and  several  others  wounded.  Titus 
was  shot  in  the  shoulder  and  hand.  Walker's  cannon  was  loaded  with  slugs 
and  balls  cast  from  the  type  of  the  Herald  of  Freedom,  fished  out  of  the 
Kansas  river,  where  it  had  been  thrown  on  the  day  that  Lawrence  was  sacked. 
Walker  set  fire  to  the  house  of  Titus,  which  was  completely  destroyed,  and 
carried  his  prisoners  to  Lawrence.  On  the  17th  of  August,  Governor  Shan 
non,  Dr.  llodrique,  and  Major  Sedgwick  visited  Lawrence,  as  a  committee  from 
Lecompton,  to  make  a  treaty.  It  was  agreed  that  no  more  arrests  should  be 
made  of  free  state  people  under  the  territorial  laws ;  that  five  free  state  men 
arrested  after  the  attack  on  Franklin,  should  be  set  at  liberty ;  and  that  the 
howitzer  taken  by  Jones  from  Lawrence,  should  be  restored.  On  the  17th,  a 
shocking  affair  occured  in  the  neighborhood  of  Leavenworth.  Two  ruffians 
sat  at  a  table  in  a  low  groggery,  imbibing  potations  of  whiskey.  One  of  them, 
named  Fugert,  belonging  to  Atchison's  band,  bet  his  companion  six  dollars 
against  a  pair  of  boots,  that  he  would  go  out,  and  in  less  than  two  hours  bring 
in  the  scalp  of  an  abolitionist.  He  went  into  the  road,  and  meeting  a  Mr. 
Hoppe,  who  was  in  his  carriage,  just  returning  to  Leavenworth  from  a  visit  to 
Lawrence,  where  he  had  conveyed  his  wife,  Fugert  deliberately  shot  him  ;  then 
taking  out  his  bowie-knife,  whilst  his  victim  was  still  alive,  he  cut  and  tore  off 
the  scalp  from  his  quivering  head.  Leaving  the  body  of  Hoppe  lying  in  the 
road,  he  elevated  his  bloody  trophy  upon  a  pole,  and  paraded  it  through  the 
streets  of  Leavenworth.  This  murderer  was  afterwards  arrested,  tried  before 
Judge  Lecompte,  and  acquitted. 

Governor  Shannon  receiving  official  notice  of  his  removal,  Secretary  Wood- 
son  took  charge  of  the  government.  He  forthwith  issued  a  proclamation, 
declaring  the  territory  in  a  state  of  rebellion  and  insurrection,  and  called  for 
help  from  Missouri,  to  drive  out  and  exterminate  the  destroyers  of  the  public 
peace.  Atchison  and  Stringfellow  soon  responded  to  this  call,  and  concen 
trated  an  army  of  eleven  hundred  men  at  Little  Santa  Fe,  on  the  Missouri 


ATCIIISON  AND  LANE.  731 

border.  A  detachment  of  Atchison's  army,  under  Gen.  Reid,  numbering 
about  three  hundred  men,  with  one  piece  of  artillery,  attacked  Osawattomie 
on  the  30th  of  August.  Brown  was  in  command  at  the  time,  and,  having  only 
between  thirty  and  forty  men,  he  retreated  to  the  timber  on  the  river  or  creek 
known  as  Marias  Des  Cygnes.  The  battle  which  ensued  lasted  about  three 
hours,  Brown  having  a  decided  advantage.  He  was  overpowered,  however, 
by  superior  numbers,  and  driven  to  the  river,  in  crossing  which  he  suffered 
some  loss  from  the  enemy.  After  the  retreat  of  Brown,  Reid's  forces  burned 
some  twenty  or  thirty  houses,  robbed  the  post  office  and  stores,  took  possession 
of  all  the  horses,  cattle,  and  wagons  in  town,  and  committed  many  other  dep- 
redatiorts.  They  found  a  man  named  Garrison  concealed  in  the  woods,  whom 
they  killed,  and  wounded  another  by  the  name  of  Cutter,  whom  they  supposed 
to  be  dead,  but  who  has  since  recovered.  A  Mr.  Williams,  a  pro-slavery  man, 
was  murdered  by  them  in  mistake. 

On  the  day  of  the  battle  at  Osawattomie,  Lane,  with  about  three  hundred 
men,  marched  in  pursuit  of  Atchison,  who  was  encamped  with  the  main  body 
of  his  army  on  Bull  Creek.  Atchison  would  not  stop  to  fight,  but  retreated 
into  Missouri,  and  Lane  on  the  following  day  returned  to  Lawrence.  Whilst 
these  things  were  occurring,  a  party  of  pro-slavery  men  entered  the  Quaker 
Mission,  on  the  Lawrence  road,  near  Westport,  plundered  it  of  everything 
worth  carrying  away,  and  brutally  treated  the  occupants.  At  the  same  time, 
Woodson's  "  territorial  militia,  "  were  amusing  themselves  by  burning  the 
houses  of  the  free  state  settlers  between  Lecompton  and  Lawrence.  Seven 
buildings  were  destroyed,  among  which  were  the  dwellings  of  Capt.  Walker 
and  Judge  Wakefield.  Because  of  these  outrages,  and  the  seizure  of  some 
free  state  prisoners,  Lane,  with  a  large  force,  proceeded  to  Lecompton,  on 
September  4th,  and  before  any  intimation  was  received  by  the  citizens,  his  can 
non  was  frowning  upon  their  houses  from  the  summit  of  Court  House  hill. 
Gen.  Richardson,  who  was  in  command  of  the  pro-slavery  forces,  refused  to 
defend  the  town,  having  no  confidence  in  the  courage  of  the  inhabitants,  who 
were  flying  in  all  directions,  in  confusion  and  alarm,  and  he  therefore  resigned 
his  commission.  Gen.  Marshall  being  next  in  command,  held  a  parley  with 
Lane,  who  demanded  the  liberation  of  free  state  prisoners.  This  was  agreed 
to.  Lane  returned  to  Lawrence,  and  the  next  day  the  prisoners  came  down 
with  an  escort  of  United  States  dragoons.  At  Leavenworth  and  vicinity,  out 
rages  had  been  renewed,  and  were  being  committed,  if  possible,  with  increased 
ferocity.  As  Governor  Shannon  afterwards  remarked,  "  the  roads  were  liter 
ally  strewn  with  dead  bodies."  A  United  States  officer  discovered  a  number 
of  slaughtered  men,  thirteen,  it  is  stated,  lying  unburied,  who  had  been  seized 
and  brained,  some  of  them  being  shot  in  the  forehead,  and  others  down  through 
the  top  of  the  skull,  whilst  some  were  cut  with  hatchets,  and  their  bodies  shock 
ingly  and  disgustingly  mutilated.  On  the  first  of  September,  Capt.  Frederick 
Emory,  a  United  States  mail  contractor,  rendered  himself  conspicuous  in  Lea 
venworth,  at  the  head  of  a  band  of  ruffians,  mostly  from  Western  Missouri. 
They  entered  houses,  stores,  and  dwellings  of  free  state  people,  and,  in  the 


732  TROUBLES  IN  KANSAS. 

name  of  "law  and  order,"  abused  and  robbed  the  occupants,  and  drove  them 
out  into  the  roads,  irrespective  of  age,  sex,  or  condition.  Under  pretence  01 
searching  for  arms,  they  approached  the  house  of  William  Phillips,  the  lawyer 
who  had  previously  been  tarred  and  feathered  and  carried  to  Missouri.  Phil 
lips,  supposing  he  was  to  be  subjected  to  a  similar  outrage,  and  resolved  not 
to  submit  to  the  indignity,  stood  upon  his  defence.  In  repelling  the  assaults 
of  the  mob,  he  killed  two  of  them,  when  the  others  burst  into  the  house,  and 
poured  a  volley  of  balls  into  his  body,  killing  him  instantly,  in  the  presence  of 
his  wife  and  another  lady.  His  brother,  who  was  also  present,  had  an  arm 
badly  broken  with  bullets,  and  was  compelled  to  submit  to  an  amputation. 
Fifty  of  the  free  state  prisoners  were  then  driven  on  board  the  Polar  Star, 
bound  for  St.  Louis  On  the  next  day  a  hundred  more  were  embarked  by 
Emory  and  his  men,  on  the  steamboat  Emma. 

In  July,  1856,  Col.  John  W.  Geary,  of  Pennsylvania,  was  appointed  by 
the  president  governor  of  the  territory.  His  appointment  was  confirmed  unan. 
imously  by  the  senate.  In  September,  he  started  for  Kansas,  and  on  the  6th 
of  that  month  he  held  a  consultation  at  Jefferson  City  with  Governor  Price,  of 
Missouri,  relative  to  the  affairs  of  the  territory,  and  to  whom  he  unfolded  his 
plans.  Measures  mutually  approved  were  adopted  to  clear  the  Missouri  river 
for  the  unobstructed  transit  of  free  state  emigrants  to  Kansas.  On  Sunday, 
the  7th,  Gov.  Geary  arrived  at  Glasgow,  in  Missouri.  In  company  with  the 
governor  was  his  private  secretary,  J.  H.  Gihon,  who,  since  his  return,  has  pub 
lished  a  history  of  the  proceedings  in  the  territory  during  the  administration 
of  Gov.  Geary.  "  On  approaching  the  town  of  Glasgow,"  says  Mr.  Gihon, 
"  a  most  stirring  scene  was  presented.  The  entire  population  of  the  city  and 
surrounding  neighborhood  was  assembled  upon  the  high  bank  overlooking  the 
river,  and  all  appeared  to  be  laboring  under  a  state  of  extraordinary  excite 
ment.  Whites  and  blacks — men,  women,  and  children,  of  all  ages,  were  crowd 
ed  together  in  one  confused  mass,  or  hurrying  hither  and  yon,  as  though  some 
terrible  event  was  about  to  transpire.  A  large  brass-field-piece  was  mounted 
in  a  prominent  position,  and  ever  and  anon  belched  forth  a  fiery  flame  and  deaf 
ened  the  ear  with  its  thundering  warlike  sounds.  When  the  Keystone  touched 
the  landing,  a  party  of  about  sixty,  comprising  Captain  Jackson's  company  of 
Missouri  volunteers  for  the  Kansas  militia,  descended  the  hill,  dragging  their 
cannon  with  them,  and  ranged  themselves  along  the  shore ;  the  captain,  after 
numerous  attempts,  failing  to  get  them  into  what  might  properly  be  termed  a 
line.  He  got  them  into  as  good  a  military  position  as  possible,  by  backing 
them  up  against  the  foot  of  the  hill.  They  were  as  raw  and  undisciplined  a 
set  of  recruits  as  ever  shouldered  arms.  Their  ages  varied,  through  every  gra 
dation,  from  the  smooth-faced  half-grown  boy  to  the  gray-bearded  old  man ; 
whilst  their  dresses,  which  differed  as  much  as  their  ages,  gave  unmistakable 
evidences  that  they  belonged  to  any  class  of  society  except  that  usually  termed 
respectable.  Each  out  carried  some  description  of  fire-arm,  not  two  of  which 
were  alike.  There  were  muskets,  carbines,  rifles,  shot-guns,  and  pistols  of 
every  size,  quality,  shape,  and  style.  Some  of  them  were  in  good  condition, 


RECRUITS.  733 

but  others  were  never  intended  for  use,  and  still  others  unfit  to  shoot  robins  or 
tomtits. 

"  Whilst  these  parting  ceremonies  were  being  performed,  a  steamboat,  bound 
down  the  river,  and  directly  from  Kansas,  came  alongside  the  Keystone.  Ex- 
governor  Shannon  was  a  passenger,  who,  upon  learning  the  close  proximity  of 
Gov.  Geary,  sought  an  immediate  interview  with  him.  The  ex-governor  was 
greatly  agitated.  He  had  fled  in  haste  and  terror  from  the  territory,  and 
seemed  still  to  be  laboring  under  an  apprehension  for  his  personal  safety.  His 
description  of  Kansas  was  suggestive  of  everything  that  is  frightful  and  horri 
ble.  Its  condition  was  deplorable  in  the  extreme.  The  whole  territory  was  in 
a  state  of  insurrection,  and  a  destructive  civil  war  was  devastating  the  country. 
Murder  ran  rampant,  and  the  roads  were  everywhere  strewn  with  the  bodies  of 
slaughtered  men.  No  language  can  exaggerate  the  awful  picture  that  was 
drawn  ;  and  a  man  of  less  nerve  than  Gov.  Geary,  believing  it  not  too  highly 
colored,  would  instantly  have  taken  the  backward  track,  rather  than  rush  upon 
the  dangers  so  eloquently  and  fearfully  portrayed. 

"  During  this  interview,  Captain  Jackson  embarked  his  company,  cannon, 
wagons,  arms  and  ammunition  on  board  the  Keystone,  and  soon  after,  she  was 
again  on  her  way.  Opportunities  now  occurred  for  conversation  with  the  vol 
unteers.  Very  few  of  them  had  any  definite  idea  of  the  nature  of  the  enter 
prise  in  which  they  had  embarked.  The  most  they  seemed  to  understand  about 
the  matter  was,  that  they  were  to  receive  so  much  per  diem  for  going  to  Kan 
sas  to  hunt  and  kill  abolitionists.  They  seemed  to  apprehend  no  danger  to 
themselves,  as  they  had  been  told  the  abolitionists  would  not  fight ;  but  being 
overawed  by  the  numbers  and  warlike  appearance  of  their  adversaries,  would 
escape  as  rapidly  as  possible  out  of  the  territory,  leaving  behind  them  any 
quantity  of  land,  horses,  clothing,  arms,  goods  and  chattels,  all  of  which  was 
to  be  divided  among  the  victors. 

"  The  Keystone  no  sooner  touched  the  shore  at  Kansas  City,  than  she  was 
boarded  by  half  a  dozen  or  more  of  the  leading  ruffians,  who  dashed  through 
the  cabins  and  over  the  decks,  inspecting  the  passengers  and  the  state-rooms 
to  satisfy  themselves  that  no  abolitionists  were  on  board.  She  remained  at 
Kansas  City  only  long  enough  for  Captain  Jackson  to  land  his  company  with 
its  paraphernalia  of  war,  and  to  undergo  a  thorough  inspection  of  the  border 
ruffian  inquisitors,  when  she  proceeded  up  the  river  for  Fort  Leavenworth, 
She  left  Kansas  City  late  on  the  evening  of  the  8th,  and  soon  after  day-break 
of  the  9th,  reached  the  landing  at  Leavenworth  City,  three  miles  below  the 
fort.  Here  was  given  another  exhibition  of  the  wretched  condition  of  the 
country  and  deplorable  spirit  of  the  times.  In  front  of  the  grog-shops,  and 
these  comprised  nearly  every  house  on  the  river  front ;  on  piles  of  wood,  lum 
ber,  and  stone ;  upon  the  heads  of  whiskey  barrels ;  at  the  corners  of  the 
streets ;  and  upon  the  river  bank  —  lounged,  strolled,  and  idled,  singly  or  in 
squads,  men  and  boys  clad  in  the  ruffian  attire,  giving  sure  indication  that  no 
useful  occupation  was  being  pursued,  and  that  vice,  confusion,  and  anarchy  had 
undivided  and  undisputed  possession  of  the  town.  Armed  horsemen  were 


734  TROUBLES  IN  KANSAS. 

dashing  about  in  every  direction,  the  horses'  feet  striking  fire  from  the  stones 
beneath,  and  the  sabres  of  the  riders  rattling  by  their  sides.  The  drum  and 
fife  disturbed  the  stillness  of  the  morning,  and  volunteer  companies  were  on 
parade  and  drill,  with  all  the  habiliments  and  panoply  of  war.  The  town  was 
evidently  under  a  complete  military  rule,  and  on  every  side  were  visible  indica 
tions  of  a  destructive  civil  strife." 

Previous  to  Grov.  Geary's  departure  from  Fort  Leavenworth  for  Lecompton, 
the  capital  of  the  territory,  he  addressed  a  communication  to  the  Hon.  Wm. 
L.  Marcy,  secretary  of  state  of  the  United  States,  in  which  he  describes  the 
condition  of  the  territory  at  the  time  of  his  arrival : 

"  FORT  LEAVENWORTH,  Kansas  Territory,     > 
"  September  9,  1856.  j 
"  HON.  WM.  L.  MARCY  : 

"  Dear  Sir  :  I  arrived  here  this  morning,  and  have  passed  the  day  mostly  in 
consultation  with  Gen.  P.  F.  Smith,  in  relation  to  the  affairs  of  the  territory, 
which,  as  I  am  now  on  the  spot,  I  begin  more  clearly  to  understand.  It  is  no 
exaggeration  to  say  that  the  existing  difficulties  are  of  a  far  more  complicated 
character  than  I  had  anticipated. 

"  I  find  that  I  have  not  simply  to  contend  against  bands  of  armed  ruffians  and 
brigands,  whose  sole  aim  and  end  is  assassination  and  robbery — infatuated  ad 
herents  and  advocates  of  conflicting  political  sentiments  and  local  institutions — 
and  evil-disposed  persons,  actuated  by  a  desire  to  obtain  elevated  positions  ; 
but  worst  of  all,  against  the  influence  of  men  who  have  been  placed  in  author 
ity,  and  have  employed  all  the  destructive  agents  around  them  to  promote  their 
own  personal  interests,  at  the  sacrifice  of  every  just,  honorable,  and  lawful  con 
sideration. 

"  I  have  barely  time  to  give  you  a  brief  statement  of  facts  as  I  find  them. 
The  town  of  Leavenworth  is  now  in  the  hands  of  armed  bodies  of  'men,  who, 
having  been  enrolled  as  militia,  perpetrate  outrages  of  the  most  atrocious  char 
acter  under  shadow  of  authority  from  the  territorial  government.  Within  a 
few  days,  these  men  have  robbed  and  driven  from  their  homes  unoffending  citi 
zens  ;  have  fired  upon  and  killed  others  in  their  own  dwellings  ;  and  stolen 
horses  and  property  under  the  pretense  of  employing  them  in  the  public  ser 
vice.  They  have  seized  persons  who  had  committed  no  offense;  and  after 
stripping  them  of  all  their  valuables,  placed  them  on  steamers,  and  sent  them 
out  of  the  territory.  Some  of  these  bands,  who  have  thus  violated  their  rights 
and  privileges,  and  shamefully  and  shockingly  misused  and  abused  the  oldest 
inhabitants  of  the  territory,  who  had  settled  here  with  their  wives  and  children, 
are  strangers  from  distant  states,  who  have  no  interest  in,  nor  care  for  the  wel 
fare  of  Kansas,  and  contemplate  remaining  here  only  so  long  as  opportunities 
for  mischief  and  plunder  exist. 

"  The  actual  pro-slavery  settlers  of  the  territory  are  generally  as  well-dispos 
ed  persons  as  are  to  be  found  in  most  communities.  But  there  are  among  them 
a  few  troublesome  agitators,  chiefly  from  distant  districts,  who  labor  assiduously 
to  keep  alive  the  prevailing  sentiment. 


OFFICIAL.  735 

"  It  is  also  true  that  among  the  free-soil  residents  are  many  peaceable  and 
useful  citizens ;  and  if  uninfluenced  by  aspiring  demagogues,  would  commit  no 
unlawful  act.  But  many  of  these,  too,  have  been  rendered  turbulent  by  offi 
cious  meddlers  from  abroad.  The  chief  of  these  is  Lane,  now  encamped  and 
fortified  at  Lawrence,  with  a  force,  it  is  said,  of  fifteen  hundred  men.  They 
are  suffering  for  provisions,  to  cut  off  the  supplies  of  which,  the  opposing  fac 
tion  is  extremely  watchful  and  active. 

"  In  isolated  or  country  places,  no  man's  life  is  safe.  The  roads  are  filled 
with  armed  robbers,  and  murders  for  mere  plunder  are  of  daily  occurrence. 
Almost  every  farm-house  is  deserted,  and  no  traveler  has  the  temerity  to  ven 
ture  upon  the  highway  without  an  escort. 

"  Such  is  the  condition  of  Kansas,  faintly  pictured.  It  can  be  no  worse. 
Yet  I  feel  assured  that  I  shall  be  able  ere  long  to  restore  it  to  peace  and  quiet. 
To  accomplish  this,  I  should  have  more  aid  from  the  general  government.  The 
number  of  United  States  troops  here  is  too  limited  to  render  the  needed  ser 
vices.  Immediate  reinforcements  are  essentially  necessary  ;  as  the  excitement 
is  so  intense,  and  citizens  generally  are  so  much  influenced  by  their  political 
prejudices,  that  members  of  the  two  great  factions  cannot  be  induced  to  act  in 
unison,  arid  therefore  cannot  be  relied  upon.  As  soon,  however,  as  I  can  suc 
ceed  in  disbanding  a  portion  of  those  now  in  service,  I  will  from  time  to  time 
cause  to  be  enrolled  as  many  of  the  bona  fide  inhabitants  as  exigencies  may 
seem  to  require.  In  the  meantime,  the  presence  of  additional  government 
troops  will  exert  a  moral  influence  that  cannot  be  obtained  by  any  militia  that 
can  here  be  called  into  requisition. 

"  In  making  the  foregoing  statements,  I  have  endeavored  to  give  the  truth, 
and  nothing  but  the  truth.  I  deem  it  important  that  you  should  be  apprised 
of  the  actual  state  of  the  case ;  and  whatever  may  be  the  effect  of  such  rela 
tions,  they  will  be  given,  from  time  to  time,  without  extenuation. 

"  I  shall  proceed  early  in  the  morning  to  Leconrpton,  under  an  escort  fur 
nished  by  Gen.  Smith,  where  I  will  take  charge  of  the  government,  and  whence 
I  shall  again  address  you  at  an  early  moment. 

"Very  respectfully,  your  obedient  servant, 

"  JNO.  W.  GEARY, 

"  Governor  of  Kansas." 

Governor  Geary  proceeded  forthwith  to  Lecompton,  the  capital  of  the  terri 
tory.  This  town  is  situated  on  the  Kansas  river,  about  fifty  miles  from  its 
junction  with  the  Missouri,  and  contained  at  that  time  about  thirty  houses. 
Some  $50,000  had  been  appropriated  by  congress  for  public  buildings.  No 
free-state  man  was  permitted  to  live  in  the  place.  At  Lecompton,  Governor 
Geary  issued  his  inaugural  address. 

GOVERNOR  GEARY'S  INAUGURAL. 

"FELLOW- CITIZENS  : — I  appear  among  you  a  stranger  to  most  of  you,  and 
for  the  first  time  have  the  honor  to  address  you,  as  the  governor  of  the  terri 
tory  of  Kansas.  The  position  was  not  sought  by  me  ;  but  was  voluntarily 
tendered  by  the  present  chief  magistrate  of  the  nation.  As  an  American  citi« 


73 G  -  TROUBLES  IN  KANSAS. 

zen,  deeply  conscious  of  the  blessings  which  ever  flow  from  our  belov* 

I  did  not  consider  myself  at  liberty  to  shrink  from  any  duties,  however  oelicat.. 

and  onerous,  required  of  me  by  my  country. 

"  With  a  full  knowledge  of  all  the  circumstances  surrounding  the  executive 
office,  I  have  deliberately  accepted  it,  and  as  God  may  give  me  strength  and 
ability,  I  will  endeavor  faithfully  to  discharge  its  varied  requirements.  When 
I  received  my  commission  I  was  solemnly  sworn  to  support  the  constitution  of 
the  United  States,  and  to  discharge  my  duties  as  governor  of  Kansas  with 
fidelity.  By  reference  to  the  act  for  the  organization  of  this  territory,  passed 
by  congress  on  the  30th  day  of  March,  1854,  I  find  my  duties  more  particu 
larly  defined.  Among  other  things,  I  am  'to  take  care  that  the  laws  be 
faithfully  executed.' 

"  The  constitution  of  the  United  States  and  the  organic  law  of  the  territory, 
will  be  the  lights  by  which  I  will  be  guided  in  my  official  career. 

"A  careful  and  dispassionate  examination  of  our  organic  act  will  satisfy 
any  reasonable  person  that  its  provisions  are  eminently  just  and  beneficial.  If 
this  act  has  been  distorted  to  unworthy  purposes,  it  is  not  the  fault  of  its  pro 
visions.  The  great  leading  feature  of  that  act  is  the  right  therein  conferred 
upon  the  actual  and  bona  fide  inhabitants  of  this  territory  '  in  the  exercise  of 
self-government,  to  determine  for  themselves  what  shall  be  their  domestic  insti 
tutions,  subject  only  to  the  constitution  and  the  laws  duly  enacted  by  congress, 
under  it.'  The  people,  accustomed  to  self-government  in  the  states  from  whence 
they  came,  and  having  removed  to  this  territory  with  the  bona  fide  intention  of 
making  it  their  future  residence,  were  supposed  to  be  capable  of  creating  their 
own  municipal  government,  and  to  be  the  best  judges  of  their  own  local  neces 
sities  and  institutions.  This  is  what  is  termed  ''popular  sovereignty."  By 
this  phrase  we  simply  mean  the  right  of  the  majority  of  the  people  of  the  seve 
ral  states  and  territories,  being  qualified  electors,  to  regulate  their  own  domes 
tic  concerns,  and  to  make  their  own  municipal  laws.  Thus  understood,  this 
doctrine  underlies  the  whole  system  of  republican  government.  It  is  the  great 
right  of  self-government,  for  the  establishment  of  which  our  ancestors,  in  the 
stormy  days  of  the  revolution,  pledged  '  their  lives,  their  fortunes  and  their 
sacred  honor.' 

"  A  doctrine  so  eminently  just  should  receive  the  willing  homage  of  every 
American  citizen.  When  legitimately  expressed,  and  duly  ascertained,  the  will 
of  the  majority  must  be  the  imperative  rule  of  civil  acticfn  for  every  law  abid 
ing  citizen.  This  simple,  just  rule  of  action  has  brought  order  out  of  chaos, 
and  by  a  progress  unparalleled  in  the  history  of  the  world,  has  made  a  few  feeble, 
infant  colonies,  a  giant  confederated  republic. 

"  No  man,  conversant  with  the  state  of  affairs  now  in  Kansas,  can  close  his 
eyes  to  the  fact  that  much  civil  disturbance  has  for  a  long  time  past  existed  in 
this  territory.  Various  reasons  have  been  assigned  for  this  unfortunate  state 
of  affairs,  and  numerous  remedies  have  been  proposed. 

"The  house  of  representatives  of  the  United  States  have  ignored  the  claims 
of  both  gentlemen  claiming  the  legal  right  to  represent  the  people  of  this  ter- 


GOVERNOR  GEARY  S  INAUGURAL.  <  3  t 

ritory  in  that  body.  The  Topeka  constitution,  recognized  by  the  house,  has 
been  repudiated  by  the  senate.  Various  measures,  each  in  the  opinion  of  its 
respective  advocates,  suggestive  of  peace  to  Kansas,  have  been  alternately 
proposed  and  rejected.  Men,  outside  of  the  territory,  in  various  sections  of 
the  Union,  influenced  by  reasons  best  known  to  themselves,  have  endeavored  to 
stir  up  internal  strife,  and  to  array  brother  against  brother. 

"  In  this  conflict  of  opinion,  and  for  the  promotion  of  most  unworthy  pur 
poses,  Kansas  is  left  to  suffer,  her  people  to  mourn,  and  her  prosperity  is  en 
dangered. 

"  Is  there  no  remedy  for  these  evils?  Cannot  the  wounds  of  Kansas  be 
healed,  and  peace  restored  to  all  her  borders  ? 

"  Men  of  the  north — men  of  the  south — of  the  east,  and  of  the  west,  in 
Kansas,  you,  and  you  only,  have  the  remedy  in  your  own  hands.  Will  you 
not  suspend  fratricidal  strife?  Will  you  not  cease  to  regard  each  other  as  ene 
mies,  and  look  upon  one  another  as  the  children  of  a  common  mother,  and 
come  and  reason  together  ? 

"  Let  us  banish  all  outside  influences  from  our  deliberations,  and  assemble 
around  our  council  board  with  the  constitution  of  our  country  and  the  organic 
law  of  this  territory,  as  the  great  charts  for  our  guidance  and  direction.  The 
bona  fide  inhabitants  of  the  territory  alone  are  charged  with  the  solemn  duty 
of  enacting  her  laws,  upholding  her  government,  maintaining  peace,  and  laying 
the  foundation  for  a  future  commonwealth. 

"  On  this  point  let  there  be  a  perfect  unity  of  sentiment.  It  is  the  first  great 
step  towards  the  attainment  of  peace.  It  will  inspire  confidence  amongst  Our 
selves  and  insure  the  respect  of  the  whole  country.  Let  us  show  ourselves 
worthy  and  capable  of  self-government. 

"  Do  not  the  inhabitants  of  this  territory  better  understand  what  domestic 
institutions  are  suited  to  their  condition — what  laws  will  be  most  conducive  to 
their  prosperity  and  happiness,  than  the  citizens  of  distant,  or  even  neighbor 
ing  states?  This  great  right  of  regulating  our  own  affairs  and  attending  to 
our  own  business,  without  any  interference  from  others,  has  been  guaranteed  to 
us  by  the  law  which  congress  has  made  for  the  organization  of  this  territory. 
This  right  of  self-government — this  privilege  guaranteed  to  us  by  the  organic 
law  of  our  territory,  I  will  uphold  with  all  my  might,  and  with  the  entire 
power  committed  to  me. 

"  In  relation  to  any  changes  of  the  laws  of  the  territory  which  I  may  deem 
desirable,  I  have  no  occasion  now  to  speak ;  but  these  are  subjects  to  which  I 
shall  direct  public  attention  at  the  proper  time. 

"  The  territory  of  the  United  States  is  the  common  property  of  the  several 
states,  or  of  the  people  thereof.  This  being  so,  no  obstacle  should  be  inter 
posed  to  the  free  settlement  of  this  common  property,  while-  iu  a  territorial 
condition. 

"  I  cheerfully  admit  that  the  people  of  this  territory,  under  the  organic  act, 
have  the  absolute  right  of  making  their  own  municipal  laws.  And  from  citi 
zens  who  deem  themselves  agrieved  by  recent  legislation,  I  would  invoke  the 


738  TROUBLES  IN  KANSAS. 

utmost  forbearance,  and  point  out  to  them  a  sure  and  peaceable  remedy.  Yor 
hare  the  right  to  ask  the  next  legislature  to  revise  any  and  all  laws ;  and  in 
the  meantime,  as  you  value  the  peace  of  the  territory  and  the  maintenance 
of  future  laws,  I  would  earnestly  ask  you  to  refrain  from  all  violations  of  the 
present  statutes. 

"  I  am  sure  that  there  is  patriotism  sufficient  in  the  people  of  Kansas  to 
induce  them  to  lend  a  willing  obedience  to  law.  All  the  provisions  of  the 
constitution  of  the  United  States  must  be  sacredly  observed — all  the  acts  of 
congress,  having  reference  to  this  territory,  must  be  unhesitatingly  obeyed,  and 
the  decisions  of  our  courts  respected.  It  will  be  my  imperative  duty  to  see 
that  these  suggestions  are  carried  into  effect.  In  my  official  action  here,  I  will 
do  justice  at  all  hazards.  Influenced  by  no  other  considerations  than  the  wel 
fare  of  the  whole  people  of  this  territory,  I  desire  to  know  no  party,  no  sec 
tion,  no  north,  no  south,  no  east,  no  west — nothing  but  Kansas  and  my 
country. 

"  Fully  conscious  of  my  great  responsibilities  in  the  present  condition  of 
Kansas,  I  must  invoke  your  aid,  and  solicit  your  generous  forbearance.  Your 
executive  officer  can  do  little  without  the  aid  of  the  people.  "With  a  firm  reli 
ance  upon  divine  providence,  to  the  best  of  my  ability,  I  shall  promote  the 
interests  of  the  citizens  of  this  territory,  not  merely  collectively,  but  individu 
ally,  and  I  shall  expect  from  them,  in  return,  that  cordial  aid  and  support, 
without  which  the  government  of  no  state  or  territory  can  be  administered 
with  beneficent  effect. 

Let  us  all  begin  anew.  Let  the  past  be  buried  in  oblivion.  Let  all  strife 
and  bitterness  cease.  Let  us  all  honestly  devote  ourselves  to  the  true  interests 
of  Kansas ;  develop  her  rich  agricultural  and  mineral  resources  ;  build  up 
manufacturing  enterprises ;  make  public  roads  and  highways ;  prepare  amply 
for  the  education  of  our  children ;  devote  ourselves  to  all  the  arts  of  peace ; 
and  make  our  territory  the  sanctuary  of  those  cherished  principles  which  pro 
tect  the  inalienable  rights  of  the  individual,  and  elevate  states  in  their  sover 
eign  capacities. 

"  Then  shall  peaceful  industry  soon  be  restored  ;  population  and  wealth  will 
flow  upon  us;  'the  desert  will  blossom  as  the  rose ;'  and  the  state  of  Kansas 
will  soon  be  admitted  into  the  Union,  the  peer  and  pride  of  her  elder  sisters. 

"JOHN  W.  GEARY." 

Simultaneously  with  this  address,  developing  the  policy  by  which  his  official 
action  was  to  be  guided  and  controlled,  the  governor  published  the  following 
proclamations  : — 

PROCLAMATION. 

"WHEREAS,  A  large  number  of  volunteer  militia  have  been  called  into  the 
service  of  the  territory  of  Kansas,  by  authority  of  the  late  acting  governor, 
for  the  maintenance  of  order,  many  of  whom  have  been  taken  from  occupations 


PROCLAMATIONS.  739 

or  business,  and  deprived  of  their  ordinary  means  of  support  and  of  their  do 
mestic  enjoyments ;  arid 

"  WHEREAS,  The  employment  of  militia  is  not  authorized  by  my  instruc 
tions  from  the  general  government,  except  upon  requisition  of  the  commander 
of  the  military  department  in  which  Kansas  is  embraced ;  and 

"  WHEREAS,  An  authorized  regular  force  has  been  placed  at  my  disposal, 
sufficient  to  insure  the  execution  of  the  laws  that  may  be  obstructed  by  combi 
nations  too  powerful  to  be  suppressed  by  the  ordinary  course  of  judicial  pro 
ceedings  ;  now 

"  Therefore,  I,  JOHN  W.  GEARY,  governor  of  the  territory  of  Kansas,  do 
issue  this,  my  proclamation,  declaring  that  the  services  of  such  volunteer  mili 
tia  are  no  longer  required;  and  hereby  order  that  they  be  immediately  dis 
charged.  The  secretary  and  adjutant-general  of  the  territory  will  muster  out 
of  service  each  command  at  its  place  of  rendezvous. 

"  And  I  command  all  bodies  of  men,  combined,  armed  and  equipped  with 
munitions  of  war,  without  authority  of  the  government,  instantly  to  disband  or 
quit  the  territory,  as  they  will  answer  the  contrary  at  their  peril. 

"  In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  affixed  the  seal  of 
the  territory  of  Kansas. 

"Done  at  Lecompton,  this  eleventh  day  of  September,  in  the  year  of4ur 
Lord  one  thousand  eight  hundred  and  fifty-six.  JOHN  W.  GEARY, 

Governor  of  Kansas  Territory." 

PROCLAMATION. 

"WHEREAS,  It  is  the  true  policy  of  every  state  or  territory  to  be  prepared 
for  any  emergency  that  may  arise  from  internal  dissension  or  foreign  invasion : 

"Therefore,  I,  John  W.  Geary,  governor  of  the  territory  of  Kansas,  do 
issue  this  my  proclamation,  ordering  all  free  male  citizens,  qualified  to  bear 
arms,  between  the  ages  of  eighteen  and  forty-five  years,  to  enrol  themselves,  in 
accordance  with  the  act  to  organize  the  militia  of  the  territory,  that  they  may 
be  completely  organized  by  companies,  regiments,  brigades,  or  divisions,  and 
hold  themselves  in  readiness,  to  be  mustered,  by  my  order,  into  the  service  of 
the  United  States,  upon  requisition  of  the  commander  of  the  military  depart 
ment  in  which  Kansas  is  embraced,  for  the  suppression  of  all  combinations  to 
resist  the  laws,  and  for  the  maintenance  of  public  order  and  civil  government. 

"  In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  affixed  the  seal 
of  the  territory  of  Kansas. 

"  Done  at  Lecompton,  this  eleventh  day  of  September,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-six.  JOHN  W.  GEARY, 

Governor  of  Kansas  Territory. " 

When  Governor  Geary's  appointment  was  first  announced  in  Kansas,  it  was 
generally  understood  that  he  would  not  affiliate  with  either  party,  but  would 
use  his  endeavors  to  carry  out  the  doctrine  of  popular  sovereigntv.  Measures 
were  immediately  set  on  foot,  by  the  pro-slavery  party,  to  frustrate  his  plans, 
by  gathering  an  army  in  Missouri  and  other  slave  states,  with  which  to  overrun 


740  TROUBLES  IN  KANSAS. 

the  territory,  and  drive  out  the  free  state  people.  An  address  was  issued  for 
circulation  in  the  slave  states,  calling  for  assistance,  and  signed  by  Atchison, 
Stringfellow,  Reid,  Doniphan,  and  others.  From  this  address  we  extract  the 
following : 

"  We  have  asked  the  appointment  of  a  successor  who  was  acquainted  with 
our  condition ;  who,  a  citizen  of  the  territory,  identified  with  its  interests, 
familiar  with  its  history,  would  not  be  prejudiced  or  misled  by  the  falsehoods 
which  have  been  so  systematically  fabricated  against  us — one  who,  heretofore 
a  resident  as  he  is  a  native  of  a  non-slaveholding  state,  is  yet  not  a  slaveholder, 
but  has  the  capacity  to  appreciate,  and  the  boldness  and  integrity  requisite 
faithfully  to  discharge  his  duty,  regardless  of  the  possible  effect  it  might  have 
upon  the  election  of  some  petty  politician  in  a  distant  state. 

"  In  his  stead  we  have  one  appointed  who  is  ignorant  of  our  condition,  a 
stranger  to  our  people ;  who  we  have  too  much  cause  to  fear  will,  if  no  worse, 
prove  no  more  efficient  to  protect  us  than  his  predecessors. 

"  With,  then,  a  government  which  has  proved  imbecile — has  failed  to  enforce 
the  laws  for  our  protection — with  an  army  of  lawless  banditti  overrunning  our 
country — what  shall  we  do  ? 

if  Though  we  have  full  confidence  in  the  integrity  and  fidelity  of  Mr.  Wood- 
son,  now  acting  as  governor,  we  know  not  at  what  moment  his  authority  will 
be  superseded.  We  cannot  await  the  convenience,  in  coming,  of  our  newly 
appointed  governor.  We  cannot  hazard  a  second  edition  of  imbecility  or  cor 
ruption. 

"  We  must  act  at  once  and  effectively.  These  traitors,  assassins,  and  rob 
bers  must  be  punished  ;  must  now  be  taught  a  lesson  they  will  remember. 

"  We  wage  no  war  upon  men  for  their  opinions ;  have  never  attempted  to 
exclude  any  from  settling  among  us  ;  we  have  demanded  only  that  all  should 
alike  submit  to  the  law.  To  all  such  we  will  afford  protection,  whatever  be 
their  political  opinions.  But  Lane's  army  and  its  allies  must  be  expelled  from 
the  territory.  Thus  alone  can  we  make  safe  our  persons  and  property — thus 
alone  can  we  bring  peace  to  our  territory. 

"  To  do  this  we  will  need  assistance.  Our  citizens  unorganized,  many  of 
them  unarmed,  for  they  came  not  as  soldiers — though  able  heretofore  to  assem 
ble  a  force  sufficient  to  compel  the  obedience  of  the  rebels,  now  that  they  have 
been  strengthened  by  this  invading  army,  thoroughly  drilled,  perfectly  equipped, 
mounted,  and  ready  to  march  at  a  moment's  notice,  to  attack  our  defenceless 
settlements — may  be  overpowered.  Should  we  be  able  even  to  vanquish  this 
additional  force,  we  are  threatened  with  a  further  invasion  of  like  character 
through  Iowa  and  Nebraska. 

"This  is  no  mere  local  quarrel;  no  mere  riot;  but  it  is  a  war!  a  war  waged 
by  an  army  !  a  war  professedly  for  our  extermination.  It  is  no  mere  resistance 
to  the  laws  ;  no  simple  rebellion  of  our  citizens,  but  a  war  of  invasion — the 
army  a  foreign  army — properly  named  the  '  army  of  the  north.' 

"  It  is  then  not  only  the  right  but  the  duty  of  all  good  citizens  of  Missouri 


WOODSQN'S  PROCLAMATION.  741 

and  every  other  state,  to  come  to  our  assistance,  and  enable  us  to  expel  these 
invaders. 

"  Mr.  Woodson,  since  the  resignation  of  Governor  Shannon,  in  the  absence 
of  Governor  Geary,  has  fearlessly  met  the  responsibilities  of  the  trust  forced 
upon  him,  has  proclaimed  the  existence  of  the  rebellion,  and  called  on  the  mili 
tia  of  the  territory  to  assemble  for  its  suppression. 

"  We  call  on  you  to  come  !  to  furnish  us  assistance  in  men,  provisions,  and 
munitions,  that  we  may  drive  out  the  '  army  of  the  north,'  who  would  subvert 
our  government  and  expel  us  from  our  homes. 

"  Our  people  though  poor,  many  of  them  stripped  of  their  all,  others  harassed 
by  these  fiends,  so  that  they  have  been  unable  to  provide  for  their  families,  are 
yet  true  men ;  will  stand  with  you  shoulder  to  shoulder  in  defence  of  rights, 
of  principles  in  which  you  have  a  common  if  not  deeper  interest  than  they. 

"  By  the  issue  of  this  struggle  is  to  be  decided  whether  law  or  lawlessness 
shall  reign  in  our  country.  If  we  are  vanquished  you  too  will  be  victims. 
Let  not  our  appeal  be  in  vain  !  " 

Before  Governor  Geary's  arrival,  Secretary  Woodson,  the  acting  governor 
of  the  territory  after  the  flight  of  Shannon,  issued  the  following  proclamation. 
This  was  issued  at  a  time  when  Woodson  was  aware  that  Geary  was  on  his 
way  to  the  territory  : 

"  PROCLAMATION. 

"  WHEREAS,  satisfactory  evidence  exists  that  the  territory  of  Kansas  is 
hifested  with  large  bodies  of  armed  men,  many  of  whom  have  just  arrived 
from  the  states,  combined  and  confederated  together,  and  amply  supplied  with 
the  munitions  of  war,  under  the  direction  of  a  common  head,  with  a  thorough 
military  organization,  who  have  been  and  are  still  engaged  in  murdering  law- 
abiding  citizens  of  the  territory,  driving  others  from  their  homes,  and  compel 
ling  them  to  flee  to  the  states  for  protection,  capturing  and  holding  others  as 
prisoners  of  war,  plundering  them  of  their  property,  and  in  some  instances 
burning  down  their  houses  and  robbing  United  States  post  offices,  and  the  local 
militia  of  the  arms  furnished  them  by  the  government,  in  open  defiance  and 
contempt  of  the  laws  of  the  territory,  and  of  the  constitution  and  laws  of  the 
United  States,  and  of  civil  and  military  authority  thereof — all  for  tho  purpose 
of  subverting,  by  force  and  violence,  the  government  established  by  law  of  con 
gress  in  this  territory. 

"  Now,  therefore,  I,  Daniel  Woodson,  acting  governor  of  the  territory  of 
Kansas,  do  hereby  issue  my  proclamation  declaring  the  said  territory  to  be  in 
a  state  of  open  insurrection  and  rebellion ;  and  I  do  hereby  call  upon  all  law- 
abiding  citizens  of  the  territory  to  rally  to  the  support  of  their  country  and  its 
laws,  and  require  and  command  all  officers,  civil  and  military,  and  all  other  citi 
zens  of  the  territory,  to  aid  and  assist  by  all  means  in  their  power,  in  putting 
down  the  insurrectionists,  and  bringing  to  condign  punishment  all  persons 
engaged  with  them,  to  the  end  of  assuring  immunity  from  violence,  and  full 


742  TROUBLES  IN  KANSAS. 

protection  to  the  persons,  property,  and  civil  rights  to  all  peaceable  and  law- 
abiding  inhabitants  of  the  territory. 

"In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  to  be 
attached  the  seal  of  the  territory  of  Kansas. 

"  Done  at  the  city  of  Lecompton,  this  twenty-fifth  day  of  August,  in  the 
year  of  our  Lord*eighteen  hundred  .and  fifty-six,  and  of  the  independence  of 
the  United  States  the  eightieth. 

"DANIEL  WOODSON,  Acting  Governor,  K.  T." 

Private  letters  were  written  by  the  acting  governor  to  parties  in  Missouri, 
calling  for  men,  money,  and  the  munitions  of  war,  to  carry  out  the  purposes  of 
the  pro-slavery  party.  The  address,  the  proclamation,  and  the  letters  had  the 
effect  of  calling  into  the  territory  large  numbers  of  armed  men,  chiefly  from 
Missouri,  with  passions  highly  inflamed,  and  prepared  for  a  war  of  extermina 
tion  against  the  free  state  settlements.  Such  was  the  state  of  affairs  on  the 
arrival  of  governor  Geary  at  Lecompton. 

In  accordance  with  his  proclamation,  he  forthwith  proceeded  to  disband  all 
the  armed  bodies  in  the  territory  which  had  been  collected  under  the  authority 
of  secretary  Woodson,  and  to  this  end  he  issued  the  following  orders  to  the 
proper  military  officers ;  and  on  the  same  day  sent  the  following  dispatch  to 
secretary  Marcy  : 

"EXECUTIVE  DEPARTMENT,  LECOMPTON,  K.  T.,] 
September  12,  1856.          ) 
"ADJT.-GEN.  H.  J.  STRICKLER: 

"  DEAR  SIR  :  You  will  proceed  without  a  moment's  delay  to  disarm  and 
disband  the  present  organized  militia  of  the  territory,  in  accordance  with  the 
instructions  of  the  president,  and  the  proclamations  which  I  have  issued,  copies 
of  which  you  will  find  enclosed.  You  will  also  take  care  to  have  the  arras 
belonging  to  the  territory  deposited  in  a  place  of  safety  and  under  proper 
accountability.  "  Yours,  &c.,  JNO.  W.  GEARY, 

"  Governor  of  Kansas  Territory." 

EXECUTIVE  DEPARTMENT,  LECOMPTON,  K.  T.,") 
September  12,  1856.          ]" 
"  INSPECTOR- GEN.  THOS.  J.  B.  CRAMER  : 

"  SIR  :  You  will  take  charge  of  the  arms  of  the  territory  of  Kansas,  now  in 
the  hands  of  the  militia  about  to  be  disbanded  and  mustered  out  of  the  service 
by  the  adjutant-general,  v  You  will  also  carefully  preserve  the  same  agreeably 
to  the  15th  section  of  the  act  of  assembly,  to  organize,  discipline,  and  govern 
the  militia  of  the  territory. 

"Yours,  &c.,  JNO.  W.  GEARY, 

"  Governor  of  Kansas  Territory." 

• 

"EXECUTIVE  OFFICE,  LECOMPTON,  K.  T.,") 
September  12,  1856.          ) 
"  HON.  WM.  L.  MARCY, 

"  Secretary  of  State,  Washington,  D.  G. 
"MY  DEAR  SIR:  1  arrived  here  late  on  the  night  of  the  10th  inst,  having 


OFFICIAL  DOCUMENTS.  743 

crossed  from  Fort  Leavenworth  with  an  escort  furnished  me  by  General  Smith. 
On  the  road,  I  witnessed  numerous  evidences  of  the  atrocities  that  are  being 
committed  by  the  bands  of  marauders  that  infest  the  country.  In  this  place 
everything  is  quiet ;  which  is  attributable  to  the  presence  of  a  large  force  of 
United  States  troops.  The  trial  of  the  United  States  prisoners  was  to  have 
taken  place  on  the  day  of  my  arrival ;  but  in  consequence  of  the  absence  of  the 
district  attorney,  and  the  non-appearance  of  witnesses,  it  was  deferred  until  the 
next  regular  term  of  court,  Judge  Lecompte  admitting  the  prisoners  to  bail  in 
the  sum  of  five  thousand  dollars  each.  They  departed  on  the  same  day  for 
Lawrence,  where  Lane  still  continues  in  force. 

"  Accompanying  this  you  will  find  printed  copies  of  my  inaugural  address, 
and  my  first  proclamations,  which  will  exhibit  the  policy  I  have  thus  far  thought 
proper  to  pursue. 

"  I  have  determined  to  dismiss  the  present  organized  militia,  after  consulta 
tion  with  and  by  the  advice  of  General  Smith ;  arid  for  the  reasons  that  they 
were  not  enrolled  in  accordance  with  the  laws  ;  that  many  of  them  are  not 
citizens  of  the  territory ;  that  some  of  them  were  committing  outrages  under 
the  pretence  of  serving  the  public ;  and  that  they  were  unquestionably  perpet 
uating,  rather  than  diminishing,  the  troubles  with  which  the  territory  is 
agitated. 

"  I  have  also,  as  you  will  see,  taken  the  proper  steps  to  enroll  the  militia  of 
the  territory,  agreeably  to  the  act  of  assembly,  and  to  your  instructions  o, 
September  2d.  I  trust  that  the  militia,  thus  organized,  may  be  rendered  ser 
viceable  to  the  government.  It  is  probable  also  that  these  proclamations  may 
have  the  tendency  to  disband  the  free  state  organizations  at  Lawrence. 

"  Nothing  of  material  importance  has  occurred,  or  come  under  my  notice, 
since  I  last  addressed  you.  I  shall  continue  to  keep  you  apprised  of  all  mat 
ters  that  I  may  deem  of  sufficient  interest  to  communicate. 

"  As  there  is  no  telegraphic  communication  nearer  than  Boonville,  I  am 
compelled  to  trust  my  dispatches  to  the  mails,  which  are  now  in  this  region 
somewhat  uncertain. 

"  Most  truly  and  respectfully,  your  obedient  servant, 

"  JNO.  W.  GEARY." 

At  the  time  of  writing  the  above,  the  strength,  movements  and  designs  of 
the  Missouri  army  were  unknown  to  Governor  Geary ;  but  soon  afterwards 
their  plans  and  operations  began  to  be  developed.  Shortly  after  midnight,  on 
the  morning  of  September  13th,  the  governor  received  a  messenger  bearing 
the  following  dispatch : 

"HEAD  QUARTERS,  MISSION  CREEK,  K.  T  ,"> 
"llth  September,  1856.  j 

"  To  His  EXCELLENCY,  J.  W.  GEARY, 

"  Governor  of  Kansas  Territory. 

"  SIR  :  In  obedience  to  the  call  of  Acting-Governor  Woodson,  I  have  or 
ganized  a  militia  force  of  about  eight  hundred  men  who  are  now  in  the  field, 
ready  for  duty,  and  impatient  to  act.  Hearing  of  your  arrival,  I  beg  leave  to 


744  TROUBLES  IN  KANSAS. 

report  them  to  you  for  orders.     Any  communication  forwarded  to  us,  will  find 
us  encamped  at  or  near  this  point. 

"  I  have  the  honor  to  be,  respectfully,  your  obedient  servant, 

"  WM.  A.  HEISKILL, 

"  Brig.  Gen.  Com.  1st  Brig.,  Southern  Division,  Kansas  Militia. 
"By  order:  L.  A.  MACLEAN,  Adjutant." 

Not  more  than  an  hour  after  the  receipt  of  the  foregoing,  a  second  messen 
ger  arrived,  himself  almost  exhausted  with  a  long  and  fast  ride,  and  his  horse 
nearly  broken  down,  and  presented  the  following : 

"HEAD  QUARTERS,  MISSION  CAMP,") 
"12th  September,  1856.  } 

"  To  His  EXCELLENCY,  J.  W.  GEARY, 

"  Governor  of  Kansas  Territory. 

"  SIR  :  Yesterday  I  had  the  honor  to  report  to  you  my  command  of  the 
Kansas  Militia,  then  about  eight  hundred  strong,  which  was  dispatched  via 
Leavenworth.  In  case  it  may  not  have  reached  you,  I  now  report  one  thous- 
sand  men  as  territorial  militia,  called  into  the  field  by  proclamation  of  Acting- 
Governor  Woodson,  and  subject  to  your  orders. 

"  I  have  the  honor  to  be,  respectfully,  your  obedient  servant, 

"WM.  A.  HEISKILL, 

"Brig.  Gen.  Com.  1st  Brig.  Southern  Division,  Kansas  Militia. 
•'By  order:  L.  A.  MCLEAN,  Adjutant." 

Without  a  moment's  hesitation,  the  governor  determined  at  once  to  disband 
these  troops  and  send  them  back  to  their  homes ;  and  he  accordingly  answered 
the  dispatches  of  General  Heiskell,  as  follows  : 

"EXECUTIVE  OFFICE,  LECOMPTON,  K.  T.,> 
"September  12,  1856,  1£  o'clock.     } 

"  BRIG.  GEN.  WM.  A.  HEISKELL  : 

"  SIR  :  Your  first  and  second  dispatches  have  been  received.  I  will  com 
municate  with  you  through  the  person  of  either  the  secretary  of  the  territory, 
or  the  adjutant-general,  as  soon  as  he  can  reach  your  camp,  he  starting  from 
this  place  at  an  early  hour  this  morning. 

"Yery  respectfully  yours, 

JNO.  W.  GEARY, 
"  Governor  of  Kansas  Territory. 

Whilst  the  foregoing  was  being  written,  a  message  was  received  from  a 
special  agent  of  the  governor,  dated  at  Lawrence,  in  which  he  says  : 

"I  arrived  here  a  few  moments  ago,  and  distributed  the  address  and  procla 
mations,  and  found  the  people  prepared  to  repel  a  contemplated  attack  from 
the  forces  coming  from  Missouri.  Reports  are  well  authenticated,  in  the  opin 
ion  of  the  best  men  here,  that  there  are  within  six  miles  of  this  place  a  large 
number  of  men — three  hundred  have  been  seen.  *  *  At  this  moment  one 
of  the  scouts  came  in,  and  reports  the  forces  marching  against  them  at  Frank 
lin,  three  miles  off,  and  all  have  flown  to  their  arms  to  meet  them." 


OFFICIAL  DOCUMENTS.  745 

This  message  was  enclosed  with  the  following  dispatch,  and  sent  immediately 
to  Colonel  Cook,  commanding  United  States  forces  near  Lecompton  : 

"EXECUTIVE  OFFICE,  LECOMPTON,  K.  T.,~) 
Sept.  13,  1856,  at  1^  o'clock,  A.  M.     } 
"  COL.  P.  ST.  GEORGE  COOK  : 

"  DEAR  SIR  :  The  accompanying  dispatch,  just  received  from  Lawrence, 
gives  sufficient  reason  to  believe  that  trouble  of  a  serious  character  is  likely  to 
take  place  there.  Mr.  Adams,  the  writer  of  the  dispatch,  is  a  special  ager.t 
whom  I  sent  down  last  evening  to  ascertain  the  state  of  affairs.  I  think  you 
had  better  send  immediately  to  Lawrence  a  force  sufficient  to  prevent  blood 
shed,  as  it  is  my  orders  from  the  president  to  use  every  possible  means  to  pre 
vent  collisions  between  belligerent  troops.  If  desirable,  I  will  accompany  the 
forces  myself,  and  should  be  glad  to  have  you  go  along. 

"  Truly  yours,  JNO.  W.  GEARY, 

"  Governor  of  Kansas  Territory." 

Colonel  Cook,  with  three  hundred  mounted  soldiers  and  four  pieces  of  artil 
lery,  started  immediately  for  Lawrence,  accompanied  by  Governor  Geary. 
On  their  arrival  they  learned  that  the  danger  was  not  imminent.  The  citizens 
of  Lawrence  were  under  arms  and  the  town  fortified  at  every  point.  The 
governor  assembled  the  inhabitants,  cautioned  them  against  the  commission 
of  any  unlawful  acts,  and  promised  them  his  protection  in  case  they  were  at 
tacked.  He  was  immediately  recalled  to  Lecompton  with  the  troops  in  conse 
quence  of  troubles  in  that  neighborhood.  Upon  his  arrival  he  found  his  office 
thronged  with  people  excited  by  the  intelligence  that  Lane  meditated  an  at 
tack  upon  the  pro-slavery  settlements  of  Hickory  Point,  Osawkee  and  the 
neighborhood;  some  of  the  inhabitants  of  those  places  having  fled  in  terror  to 
Lecompton.  Affidavits  were  made  of  outrages  committed  and  handed  to  the 
governor,  upon  the  receipt  of  which  he  made  the  following  requisition  upon 
Colonel  Cook : 

"EXECUTIVE  DEPARTMENT,  LECOMPTON,  K.  T.,> 
September  14th,  1856.  ) 

"  COL.  P.  ST.  G.  COOK  : 

"  DEAR  SIR  :  You  will  perceive  by  the  accompanying  affidavit,  and  from 
verbal  statements  that  will  be  made  to  you  by  Dr.  Tebbs,  that  a  desperate  state 
of  affairs  is  existing  at  Osawkee  and  its  vicinity,  which  seems  to  require  some 
action  at  our  hands.  I  strongly  recommend  that  you  send  a  force,  such  as  you 
can  conveniently  spare,  to  visit  that  neighborhood,  at  the  earliest  moment.  If 
such  a  force  cannot  succeed  in  arresting  the  perpetrators  of  the  outrages  al 
ready  committed,  and  of  which  complaint  has  been  made  in  due  form,  it  may 
at  least  tend  to  disperse  or  drive  off  the  band  or  bands  of  marauders  who  are 
threatening  the  lives  and  property  of  peaceable  citizens.  The  deputy  marshall 
will  accompany  such  troops  as  you  may  judge  expedient  to  detail  on  this  ser 
vice.  "  Very  respectfully  and  truly  yours,  JNO.  W.  GEARY, 

"  Governor  of  Kansas  Territory." 

A  detachment  of  dragoons  was  forthwith  dispatched  by  Colonel  Cook  to 

48 


746  TROUBLES  IN  KANSAS. 

pursue  the  marauders  and  protect  the  neighborhood.  At  midnight  they  fell 
in  with  a  party  of  armed  men  and  took  one  hundred  of  them  prisoners  without 
resistance.  They  were  mostly  mounted,  and  heavily  armed,  and  had  with 
them  a  brass  field-piece  and  several  wagons,  all  of  which  wore  captured  and 
taken  to  Lecompton  They  were  said  to  be  a  detachment  of  forces  of  General 
Lane,  under  command  of  Captain  Harvey,  and  were  .on  their  way  from  Law 
rence  to  join  a  large  body  from  Topeka.  They  had  been  engaged  in  an  affray 
at  Hickory  Point.  One  of  the  leaders,  on  being  asked  if  they  had  not  read 
the  governor's  proclamation,  wittily  replied,  "  Oh  yes,  and  before  --ve  com 
menced  our  fire  upon  the  border  ruffians,  we  read  the  proclamation  to  them,  and 
commanded  them  to  surrender  in  the  name  of  the  governor. "  These  prisoners 
were  taken  to  a  dilapidated  house  in  Lecompton  and  guarded  by  a  company 
of  militia  under  command  of  Colonel  Titus.  Here  they  suffered  for  the  want 
of  food,  clothing  and  bedding ;  overrun  with  vermin,  and  exposed  to  constant 
insults  from  the  guards.  At  the  October  term  of  the  district  court,  some 
were  acquitted  and  others  convicted  of  manslaughter.  These  were  sentenced 
to  terms  of  confinement  varying  from  five  to  ten  years  of  hard  labor,  and  to 
wear  a  ball  and  chain.  As  sheriff  Jones  had  not  been  permitted  by  the  verdict 
to  hang  the  prisoners,  he  was  exceedingly  anxious  to  apply  the  ball  and  chain, 
and  wrote  to  Governor  Geary  that  "It  is  indipensably  necessary  that  balls  and 
chains  should  be  furnished,  and  understanding  that  the  same  can  be  procured 
by  your  application  to  General  Smith,  I  will  request  that  you  will  procure 
and  have  them  sent  over  at  the  earliest  day  possible."  To  this  application 
the  governor  replied  that  "  General  Smith  has  no  balls  and  chains  for  the  pur 
pose — nor  is  it  deemed  advisable  to  procure  any."  The  governor  immediately 
remitted  that  portion  of  their  sentence  requiring  the  ball  and  chain,  as  being 
"cruel  and  unusual,  and  especially  inappropriate."  The  prisoners  were  subse 
quently  placed  under  the  charge  of  Captain  Hampton,  Master  of  Convicts, 
an  office  created  by  an  act  of  the  territorial  legislature.  They  were  treated 
with  a  kindness  and  consideration  by  that  generous  hearted  Kentuckian,  which 
called  down  upon  him  the  vengeance  of  the  leading  members  of  his  party,  and 
his  removal  by  the  governor  was  demanded.  The  prisoners  were  subsequently 
pardoned  by  Governor  Geary. 

While  the  governor  was  attending  to  the  troubles  at  Hickory  Point,  a  large 
army  was  gathering  on  the  Wakarusa  preparatory  to  an  attack  on  Lawrence. 
As  these  men  styled  themselves  the  territorial  militia  and  were  called  into 
service  by  Woodson,  the  governor  immediately  commanded  that  officer  to  take 
with  him  adjutant-general  Strickler  with  an  escort  of  United  States  troops 
and  disband  the  forces  he  had  assembled.  But  Woodson  discovered  that  he 
had  raised  a  storm  which  he  could  not  control.  Mr.  Adams,  who  accompanied 
Woodson  to  the  camp,  sent  the  following  dispatch  to  the  governor : 

"  His  EXCELLENCY,  GOVERNOR  GEARY  : 

"  Sir :  I  went  as  directed  to  the  camp  of  the  militia,  and  found  at  the  town 
of  Franklin,  three  miles  from  this  place,  encamped  three  hundred  men,  with 
four  pieces  of  artillery.  One  mile  to  the  right,  on  the  Wakarusa,  I  found  a 


THE  WAKARUSA  ARMY.  747 

very  large  encampment  of  three  hundred  tents  and  wagons.  They  claim  to 
have  two  thousand  five  hundred  men  ;  and  from  the  appearance  of  the  camp,  I 
have  no  doubt  they  have  that  number.  General  Reid  is  in  command.  I  saw 
and  was  introduced  to  General  Atchison,  Col.  Titus,  Sheriff  Jones,  General 
Richardson,  etc.  The  proclamations  were  distributed. 

"  Secretary  Woodson  and  General  Strickler  had  not,  up  to  the  time  T  left, 
delivered  their  orders  ,  but  were  about  doing  so  as  soon  as  they  could  get  the 
officers  together. 

"  The  outposts  of  both  parties  were  fighting  about  an  hour  before  sunset. 
One  man  killed  of  the  militia,  and  one  house  burned  at  Franklin. 

"  There  were  but  few  people  at  Lawrence,  most  of  them  having  gone  to  their 
homes  after  your  visit  here. 

"  I  reported  these  facts  to  the  officer  in  command  here,  and  your  prompt  ac 
tion  has  undoubtedly  been  the  means  of  preventing  the  loss  of  blood  and  sav 
ing  valuable  property. 

"  Secretary  Woodson  thought  you  had  better  come  to  the  camp  of  the  mili 
tia  as  soon  as  you  can.     I  think  a  prompt  visit  would  have  a  good  effect.     I 
will  see  you  as  you  come  this  way,  and  communicate  with  you  more  fully. 
"  Yery  respectfully,  your  obedient  servant, 

"THEODORE  ADAMS." 

Before  this  dispatch  reached  Lecompton,  the  governor  had  departed  with 
three  hundred  United  States  mounted  troops  and  a  battery  of  light  artillery, 
and  riding  speedily,  arrived  at  Lawrence  early  in  the  evening  of  the  14th, 
where  he  found  matters  precisely  as  described.  Skillfully  stationing  his  troops 
outside  the  town,  in  commanding  positions,  to  prevent  a  collision  between  the 
invading  forces  from  Missouri  and  the  citizens,  he  entered  Lawrence  alone,  and 
there  he  beheld  a  sight  which  a  writer  has  thus  eloquently  described  : 

"  About  three  hundred  persons  were  found  in  arms,  determined  to  sell  their 
lives  at  the  dearest  price  to  their  ruffian  enemies.  Among  these  were  many 
women,  and  children  of  both  sexes,  armed  with  guns  and  otherwise  accoutred 
for  battle.  They  had  been  goaded  to  this  by  the  courage  of  despair.  Law 
rence  was  to  have  been  their  Thermopylae,  and  every  other  free  town  would 
have  proved  a  Saragossa.  When  men  determine  to  die  for  the  right,  a  heca 
tomb  of  victims  grace  their  immolation  ;  but  when  women  and  children  betake 
themselves  to  the  battle-field,  ready  to  fight  and  die  with  their  husbands  and 
fathers,  heroism  becomes  the  animating  principle  of  every  heart,  and  a  giant'a 
strength  invigorates  every  arm.  Each  drop  of  blood  lost  by  such  warriors  be 
comes  a  dragon's  tooth,  which  will  spring  from  the  earth,  in  all  the  armor  of 
truth  and  justice,  to  exact  a  fearful  retribution.  Had  Lawrence  been  destroy 
ed,  and  her  population  butchered,  the  red  right  hand  of  vengeance  would  have 
gleamed  over  the  entire  south,  and  the  question  of  slavery  have  been  settled 
by  a  bloody  and  infuriated  baptism.  There  are  such  examples  in  history,  and 
mankind  have  lost  none  of  their  impulses  or  human  emotions. 

"Gov.  Geary  addressed  the  armed  citizens  of  Lawrence,  and  when  he  as 
sured  them  of  his  and  the  law's  protection,  they  offered  to  deposit  their  arms 


748  TROUBLES  IN  KANSAS. 

at  his  feet  and  return  to  their  respective  habitations.  He  bid  them  go  to  theii 
homes  in  confidence,  and  to  carry  their  arms  with  them,  as  the  constitution  of 
the  Union  guaranteed  that  right ;  but  to  use  those  arms  only  in  the  last  resort 
to  protect  their  lives  and  property,  and  the  chastity  of  their  females.  They 
obeyed  the  governor  and  repaired  to  their  homes." 

On  the  morning  of  the  15th  of  September,  the  governor,  having  left  the 
United  States  troops  to  protect  the  town  of  Lawrence,  proceeded  alone  to  the 
camp  of  the  invading  army,  then  within  three  miles,  and  drawn  up  in  order  of 
battle.  The  scene  that  was  presented  is  thus  described  by  the  governor's  pri 
vate  secretary :  "  The  militia  had  taken  a  position  upon  an  extensive  and 
beautiful  plain  near  the  junction  of  the  Wakarusa  with  the  Kansas  river.  On 
one  side  towered  a  lofty  hill,  known  as  the  Blue  Mound,  and  on  the  other  Mount 
Oread  showed  its  fortified  summit.  The  town  of  Franklin,  from  its  elevated 
site,  looked  down  upon  the  active  scene,  while  beyond,  in  a  quiet  vale,  the 
more  flourishing  city  of  Lawrence  reposed  as  though  unconscious  of  its  threat 
ened  doom.  The  waters  of  the  Kansas  river  might  be  seen  gliding  rapidly  to 
ward  the  Missouri,  and  the  tall  forest  trees  which  line  its  banks,  plainly  indi 
cated  the  course  of  the  Wakarusa.  The  red  face  of  the  rising  sun  was  jusl 
peering  over  the  top  of  the  Blue  Mound,  as  the  governor,  with  his  strange  es 
cort  of  three  hundred  mounted  men,  with  red  shirts  and  odd-shaped  hats,  de 
scended  upon  the  Wakarusa  plain.  There,  in  battle  array,  were  ranged  at 
least  three  thousand  armed  and  desperate  men.  They  were  not  dressed  in  the 
usual  habiliments  of  soldiers  ;  but  in  every  imaginable  costume  that  could  be 
obtained  in  that  western  region.  Scarcely  two  presented  the  same  appearance, 
while  all  exhibited  a  ruffianly  aspect.  Most  of  them  were  mounted,  and  man 
ifested  an  unmistakable  disposition  to  be  at  their  bloody  work.  In  the  back 
ground  stood  at  least  three  hundred  army  tents  and  as  many  wagons,  while 
here  and  there  a  cannon  was  planted  ready  to  aid  in  the  anticipated  destruction. 
Among  the  banners  floated  black  flags  to  indicate  the  design  that  neither  age, 
sex,  nor  condition  would  be  spared  in  the  slaughter  that  was  to  ensue.  The 
arms  and  cannon  also  bore  the  black  ^fiidices  of  extermination. 

"  In  passing  along  the  lines,  murmurs  of  discontent  and  savage  threats  of 
assassination  fell  upon  the  governor's  ears ;  but  heedless  of  these,  and  regard 
less,  in  fact,  of  everything  but  a  desire  to  avert  the  calamity  that  was  impend 
ing,  he  fearlessly  proceeded  to  the  quarters  of  their  leader. 

"  This  threatening  army  was  under  the  command  of  General  John  W.  Reid, 
then  and  now  a  member  of  the  Missouri  legislature,  assisted  by  ex-senator 
Atchison,  General  B.  F.  Stringfellow,  General  L.  A.  Maclean,  General  J.  W. 
Whitfield,  General  George  W.  Clarke,  Generals  Wm.  A.  Heiskell,  Wm.  H. 
Richardson,  and  F.  A.  Marshal,  Colonel  H.  T.  Titus,  Captain  Frederick  Em 
ory,  and  others  of  similar  character. 

"  Gov.  Geary  at  once  summoned  the  officers  together,  and  addressed  them  at 
length  and  with  great  feeling.  He  depicted  in  a  forcible  manner  the  improper 
position  they  occupied,  and  the  untold  horrors  that  would  result  from  the  con 
summation  of  their  cruel  designs  :  that  if  they  persisted  in  their  mad  career, 


OFFICIAL  COKRESPONDENCE.  749 

the  entire  Union  would  be  involved  in  a  civil  war,  and  thousands  and  tens  of 
thousands  of  innocent  lives  be  sacrificed.  To  Atchison,  he  especially  addressed 
himself,  telling  him  that  when  he  last  saw  him,  he  was  acting  as  vice-president 
of  the  natron  and  president  of  the  most  dignified  body  of  men  in  the  world, 
the  senate  of  the  United  States ;  but  now  with  sorrow  and  pain  he  saw  him 
leading  on  to  a  civil  and  disastrous  war  an  army  of  men,  with  uncontrollable 
passions,  and  determined  upon  wholesale  slaughter  and  destruction.  He  con 
cluded  his  remarks  by  directing  attention  to  his  proclamation,  and  ordered  the 
army  to  be  disbanded  and  dispersed.  Some  of  the  more  judicious  of  the  offi 
cers  were  not  only  willing,  but  anxious  to  obey  this  order ;  whilst  others,  re 
solved  upon  mischief,  yielded  a  very  reluctant  assent.  General  Clarke  said  he 
was  for  pitching  into  the  United  States  troops,  if  necessary,  rather  than  aban 
don  the  objects  of  the  expedition.  General  Maclean  didn't  see  any  use  of  go 
ing  back  until  they  had  whipped  the  d — d  abolitionists.  Sheriff  Jones  was  in 
favor,  now  they  had  a  sufficient  force,  of  '  wiping  out '  Lawrence  and  all  the 
free  state  towns.  And  these  and  others  cursed  Gov.  Geary  in  not  very  gentle 
expressions  for  his  untimely  interference  with  their  well-laid  plans.  They,  how 
ever,  obeyed  the  order,  and  retired,  not  as  good  and  law-loving  citizens,  but  as 
bands  of  plunderers  and  destroyers,  leaving  in  their  wake  ruined  fortunes, 
weeping  eyes,  and  sorrowing  hearts." 

On  the  16th  of  September,  the  governor  dispatched  the  following  letter  to 
Secretary  Marcy : 

"EXECUTIVE  DEPAKTMENT,  Lecompton,  K.  T.,     > 

"September  16,  1856.) 
"  HON.  WM.  L.  MARCY,  Secretary  of  State : 

"  My  Dear  Sir :  My  last  dispatch  was  dated  the  12th  instant,  in  which  I 
gave  you  a  statement  of  my  operations  to  that  date.  Since  then,  I  have  had 
business  of  the  deepest  importance  to  occupy  every  moment  of  my  attention, 
and  to  require  the  most  constant  watchfulness  and  untiring  energy.  Indeed,  so 
absolutely  occupied  is  all  my  time,  that  I  scarcely  have  a  minute  to  devote  to 
the  duty  of  keeping  you  apprised  of  the  true  condition  of  this  territory.  I 
have  this  instant  returned  from  an  expedition  to  Lawrence  and  the  vicinity,  and 
am  preparing  to  depart  almost  immediately  for  other  sections  of  the  territory, 
where  my  presence  is  demanded. 

"  After  having  issued  my  address  and  proclamations  in  this  city,  copies  of 
which  have  been  forwarded  to  you,  I  sent  them,  with  a  special  messenger,  to 
Lawrence,  twelve  miles  to  the  eastward,  where  they  were  made  known  to  the 
citizens  on  the  12th  instant.  The  people  of  that  place  were  alarmed  with  a 
report  that  a  large  body  of  armed  men,  called  out  under  the  proclamation  of 
the  late  acting-governor  Woodson,  were  threatening  them  with  an  attack,  and 
they  were  making  the  necessary  preparations  for  resistance.  So  well  authenti- 
3ated  seemed  their  information,  that  my  agent  forwarded  an  express  by  a  United 
States  trooper,  announcing  the  fact,  and  calling  upon  me  to  nse  my  power  to 
prevent  the  impending  calamity.  This  express  reached  me  at  half-past  one 
o'clock,  on  the  morning  of  the  13th  instant.  I  immediately  made  a  reqnisi- 


750  TROUBLES  IN  KANSAS. 

tion  upon  Colonel  Cook,  commander  of  the  United  States  forces  stationed  at 
this  place,  for  as  many  troops  as  could  be  made  available,  and  in  about  an  hour 
was  ou  my  way  towards  Lawrence,  with  three  hundred  mounted  men,  including 
a  battery  of  light  artillery.  On  arriving  at  Lawrence,  we  found  the  danger 
had  been  exaggerated,  and  that  there  was  no  immediate  necessity  for  the  inter 
vention  of  the  military.  The  moral  effect  of  our  presence,  however,  was  of 
great  avail.  The  citizens  were  satisfied  that  the  government  was  disposed  to 
render  them  all  needed  protection,  and  I  received  from  them  the  assurance  that 
they  would  conduct  themselves  as  law-abiding  and  peace-loving  men.  They 
voluntarily  offered  to  lay  down  their  arms,  and  enrol  themselves  as  territorial 
militia,  in  accordance  with  the  terms  of  my  proclamations.  I  returned  the 
same  day  with  the  troops,  well  satisfied  with  the  result  of  my  mission. 

"During  the  evening  of  Saturday,  the  13th,  I  remained  at  my  office,  which 
was  constantly  crowded  with  men  uttering  complaints  concerning  outrages  that 
had  been  and  were  being  committed  upon  their  persons  and  property.  These 
complaints  came  in  from  every  direction,  and  were  made  by  the  advocates  of 
all  the  conflicting  political  sentiments  with  which  the  territory  has  been  agi 
tated  ;  and  they  exhibited  clearly  a  moral  condition  of  affairs,  too  lamentable 
for  any  language  adequately  to  describe.  The  whole  country  was  evidently  in 
fested  with  armed  bands  of  marauders,  who  set  all  law  at  defiance,  and  traveled 
from  place  to  place,  assailing  villages,  sacking  and  burning  houses,  destroying 
crops,  maltreating  women  and  children,  driving  off  and  stealing  cattle  and 
horses,  and  murdering  harmless  men  in  their  own  dwellings  and  on  the  public 
highways.  Many  of  these  grievances  needed  immediate  redress ;  but  unfortu 
nately  the  law  was  a  dead  letter,  no  magistrate  or  judge  being  at  hand  to  take 
an  affidavit  or  issue  a  process,  and  no  marshal  or  sheriff  to  be  found,  even  had 
the  judges  been  present  to  prepare  them,  to  execute  the  same. 

"  The  next  day,  Sunday,  matters  grew  worse  and  worse.  The  most  positive 
evidence  reached  me  that  a  large  body  of  armed  and  mounted  men  were  de 
vastating  the  neighborhoods  of  Osawkee  and  Hardtville,  commonly  called 
Hickory  Point  Being  well  convinced  of  this  fact,  I  determined  to  act  upon 
my  own  responsibility,  and  immediately  issued  an  order  to  Colonel  Cook  for  a 
detachment  of  his  forces,  to  visit  the  scene  of  disturbance.  In  answer  to  this 
requisition,  a  squadron  of  eighty-one  men  were  detached,  consisting  of  com 
panies  C.  and  H.  1st  cavalry,  Captains  Wood  and  Newby,  the  whole  under 
command  of  Captain  Wood.  This  detachment  left  the  camp  at  two  o'clock, 
P.  M.,  with  instructions  to  proceed  to  Osawkee  and  Hickory  Point,  the  former 
twelve,  and  the  latter  eighteen  miles  to  the  northward  of  Lecompton.  It  was 
accompanied  by  a  deputy  marshal. 

"  In  consequence  of  the  want  of  proper  facilities  for  crossing  the  Kansas 
river,  it  was  late  in  the  evening  before  the  force  could  march.  After  having 
proceeded  about  six  miles,  intelligence  was  brought  to  Captain  Wood,  that  a 
large  party  of  men,  under  command  of  a  person  named  Harvey,  had  come  over 
from  Lawrence,  and  made  an  attack  upon  a  log  house  at  Hickory  Point,  in 
which  a  number  of  the  settlers  had  taken  refuge.  The  assault  commenced 


OFFICIAL  CORRESPONDENCE.  751 

about  eleven  o'clock  in  the  morning,  and  continued  six  hours  The  attacking 
party  had  charge  of  a  brass  four-pounder,  the  same  that  was  laken  by  Colonel 
Doniphan  at  the  battle  of  Sacramento.  This  piece  had  been  freely  used  in  the 
assault,  but  without  effecting  any  material  damage.  As  far  as  has  yet  been 
ascertained,  but  one  man  was  killed,  and  some  half-dozen  wounded. 

"  About  eleven  o'clock  in  the  evening,  Captain  Wood's  command  met  a  party 
of  twenty-five  men,  with  three  wagons,  one  of  which  contained  a  wounded  man. 
These  he  ascertained  to  be  a  portion  of  Harvey's  forces,  who  had  been  engaged 
in  the  assault  at  Hickory  Point,  and  who  were  returning  to  Lawrence.  They 
were  immediately  arrested,  without  resistance,  disarmed,  and  held  as  prisoners. 
Three  others  were  soon  after  arrested,  who  also  proved  to  be  a  portion  of  Har 
vey's  party. 

"  When  within  about  four  miles  of  Hickory  Point,  Captain  Wood  discov 
ered  a  large  encampment  upon  the  prairie,  near  the  road  leading  to  Lawrence. 
It  was  the  main  body  of  Harvey's  men,  then  under  command  of  a  man  named 
Bickerton,  Harvey  having  left  after  the  attack  on  Hickory  Point.  The  party 
was  surprised  and  captured. 

"  After  securing  the  prisoners,  Captain  Wood  returned  to  Lecompton,  which 
place  he  reached  about  day-break,  on  Monday,  the  15th  instant,  bringing  with 
him  one  hundred  and  one  prisoners,  one  brass  field-piece,  seven  wagons,  thirty- 
eight  United  States  muskets,  forty-seven  Sharpe's  rifles,  six  hunting  rifles,  two 
shot  guns,  twenty  revolving  pistols,  fourteen  bowie-knives,  four  swords,  and  a 
large  supply  of  ammunition  for  artillery  and  small  arms. 

"Whilst  engaged  in  making  preparations  for  the  foregoing  expedition,  sev 
eral  messengers  reached  me  from  Lawrence,  announcing  that  a  powerful  army 
was  marching  upon  that  place,  it  being  the  main  body  of  the  militia  called  into 
service  by  the  proclamation  of  Secretary  Woodson,  when  acting-governor. 

"  Satisfied  that  the  most  prompt  and  decisive  measures  were  necessary  to 
prevent  the  sacrifice  of  many  lives,  and  the  destruction  of  one  of  the  finest  and 
most  prosperous  towns  in  the  territory,  and  avert  a  state  of  affairs  which  must 
have  inevitably  involved  the  country  in  a  most  disastrous  civil  war,  I  dispatched 
the  following  order  to  Colonel  Cook : 

"  'Proceed  at  all  speed  with  your  command  to  Lawrence,  and  prevent  a  collision,  if 
possible,  and  leave  a  portion  of  your  troops  there  for  that  purpose.' 

"  Accordingly,  the  entire  available  United  States  force  was  put  in  motion, 
and  reached  Lawrence  at  an  early  hour  in  the  evening.  Here,  the  worst  ap 
prehensions  of  the  citizens  were  discovered  to  have  been  well  founded.  Twenty- 
seven  hundred  men,  under  command  of  Generals  Heiskell,  Reid,  Atchison, 
Richardson,  Stringfellow,  and  others,  were  encamped  on  the  Wakarusa,  about 
four  miles  from  Lawrence,  eager  and  determined  to  exterminate  that  place  and 
all  its  inhabitants.  An  advanced  party  of  three  hundred  men  had  already  ta 
ken  possession  of  Franklin,  one  mile  from  the  camp,  and  three  miles  frem  Law 
rence,  and  skirmishing  parties  had  begun  to  engage  in  deadly  conflict. 

"  Fully  appreciating  the  awful  calamities  that  were  impending,  I  hastened 


752  TROUBLES    IN    K.1N3AS. 

with  all  possible  dispatch  to  the  encampment,  assembled  the  officers  of  the  mi 
litia,  and  in  the  name  of  the  President  of  the  United  States,  demanded  sus 
pension  of  hostilities.  I  had  sent  in  advance,  the  secretary  and  adjutant-gen 
eral  of  the  territory,  with  orders  to  carry  out  the  spirit  and  letter  of  my  procla 
mations  ;  but  up  to  the  time  of  my  arrival,  these  orders  had  been  unheeded, 
and  I  could  discover  but  little  disposition  to  obey  them.  I  addressed  the  offi 
cers  in  council  at  considerable  length,  setting  forth  the  disastrous  consequences 
of  such  a  demonstration  as  was  contemplated,  and  the  absolute  necessity  of 
more  lawful  and  conciliatory  measures  to  restore  peace,  trauquility,  and  pros 
perity  to  the  country.  I  read  my  instructions  from  the  presideut,.aud  convinced 
them  that  my  whole  course  of  procedure  was  in  accordance  therewith,  and  call 
ed  upon  them  to  aid  me  in  my  efforts,  not  only  to  carry  out  those  instructions, 
but  to  support  and  enforce  the  laws,  and  the  constitution  of  the  United  States. 
I  am  happy  to  say  that  a  more  ready  concurrence  in  my  views  was  met,  than  I 
had  at  first  any  good  reason  to  expect.  It  was  agreed  that  the  terras  of  my 
proclamation  should  be  carried  out  by  the  disbandment  of  th&  militia ;  where 
upon  the  camp  was  broken  up,  and  the  different  commands  separated,  to  repair 
to  their  respective  homes. 

"  The  occurrences,  thus  related,  are  already  exerting  a  beneficent  influence  ; 
and  although  the  work  is  not  yet  accomplished,  I  do  not  despair  of  success  in 
my  efforts  to  satisfy  the  government  that  I  am  worthy  of  the  high  trust  which 
has  been  reposed  in  me.  As  soon  as  circumstances  will  permit,  I  shall  visit, 
in  person,  every  section  of  the  territory,  where  I  feel  assured  that  my  presence 
will  tend  to  give  confidence  and  security  to  the  people. 

"  In  closing,  I  have  merely  to  add,  that  unless  I  am  more  fully  sustained 
hereafter  by  the  civil  authorities,  and  serious  difficulties  and  disturbances  con 
tinue  to  agitate  the  territory,  my  only  recourse  will  be  to  martial  law,  which  I 
must  needs  proclaim  and  enforce. 

"  Yery  respectfully,  &c.,  JNO.  W.  GEARY, 

"  Governor  of  Kansas  Territory." 

The  dismissal  of  the  Missouri  invaders,  the  arrest  of  Harvey's  party,  and 
the  departure  of  Col.  Lane  (which  took  place  about  this  time)  from  the  terri 
tory,  were  followed  with  the  most  beneficial  effects.  The  prompt,  bold,  rapid, 
and  decisive  movements  of  the  governor  struck  the  numerous  predatory  bands 
with  terror,  and  they  either  dispersed,  or  fled  the  country ;  and  a  happier  con 
dition  of  things  began  to  be  apparent  on  every  hand. 

The  management  of  the  judicial  affairs  of  the  territory  now  merit  some  no 
tice.  A  portion  of  the  disbanded  army,  called  the  Kickapoo  Rangers,  took 
the  road  to  Lecompton,  and  when  within  a  few  miles  of  that  place  they  halted 
by  a  field  where  a  poor  lame  man  by  the  name  of  David  C.  Buffum  was  at 
work.  Some  of  the  party  entered  the  field,  and  after  robbing  the  man  of  his 
horses,  one  of  them  shot  him  in  the  abdomen,  from  which  wound  he  afterwards 
died.  Almost  immediately  after  the  commission  of  this  crime,  Governor  Geary, 
accompanied  by  Judge  Cato,  arrived  on  the  spot,  and  found  the  wounded  man 


GLARY  AND  LECOMPTE.  753 

weltering  in  blood.  The  governor  directed  Judge  Cato  to  take  an  affidavit  of 
the  unfortunate  man's  dying  words,  who,  writhing  in  agony,  exclaimed  :  "  Oh, 
•this  was  a  most  unprovoked  and  horrid  murder !  They  asked  me  for  my 
horses,  and  I  plead  with  them  not  to  take  them.  I  told  them  that  I  was  a 
cripple — a  poor  lame  man — that  I  had  an  aged  father,  a  deaf  and  dumb  bro 
ther,  and  two  sisters,  all  depending  upon  me  for  a  living,  and  my  horses  were 
all  I  had  with  which  to  procure  it.  One  of  them  said  I  was  a  God  d — d  abo 
litionist,  and  seizing  me  by  the  shoulder  with  one  hand,  he  shot  me  with  a 
pistol  that  he  held  in  the  other.  I  am  dying  ;  but  my  blopd  will  call  to  Hea 
ven  for  vengeance,  and  this  horrible  deed  will  not  go  unpunished.  I  die  a 
martyr  to  the  cause  of  freedom,  and  my  death  will  do  much  to  aid  that  cause." 
The  governor  was  affected  to  tears.  He  had  been  on  many  a  battle-field,  and 
had  been  familiar  with  suffering  and  death  ;  but,  says  he,  "  I  never  witnessed 
a  scene  that  filled  my  mind  with  so  much  horror.  There  was  a  peculiar  signi 
ficance  in  the  looks  and  words  of  that  poor  dying  man  that  I  never  can  forget ; 
for  they  seemed  to  tell  me  that  I  could  have  no  rest  until  I  brought  his  murderer 
to  justice.  And  I  resolved  that  no  means  in  my  power  should  be  spared  to 
discover,  arrest  and  punish  the  author  of  that  most  villanous  butchery." 

On  his  arrival  at  Lecompton,  the  governor  immediately  had  a  warrant 
drawn  and  placed  in  the  hands  of  the  United  States  marshal,  for  the  arrest  of 
the  murderer,  for  the  execution  of  which  warrant  the  whole  of  the  United  States 
force  was  at  his  disposal.  Several  days  elapsed  and  no  return  was  made,  nor 
had  any  disposition  been  discovered  to  effect  the  governor's  wishes  in  the 
matter.  The  governor,  besides  offering  a  reward  of  five  hundred  dollars  for 
the  arrest  of  the  murderer,  employed  secret  agents  to  visit  that  portion  of 
Missouri  in  which  the  Rangers  resided,  and,  by  making  cautious  inquin*'"',  to 
obtain  some  clue  to  the  perpetrators  of  the  deed.  The  murderer  was  discov 
ered  in  the  person  of  Charles  Hays,  a  resident  of  Atchison  county,  Missouri. 
A  new  warrant  was  issued  for  his  arrest,  and  he  was  brought  to  Lecompton. 
A  grand  jury,  composed  entirely  of  pro-slavery  men,  on  hearing  the  over 
whelming  testimony,  found  a  true  bill,  and  committed  him  for  trial.  At  this 
time  free-state  men  were  seized  almost  daily  by  the  officers,  and  thrust  into 
prison,  and  bail  utterly  refused  by  the  pro-slavery  magistrates.  Much  to  the 
astonishment  and  indignation  of  Governor  Geary,  he  was  informed  that  Judge 
Lecompte  had  admitted  the  murderer  of  Buffum  to  bail,  and  that  Sheriff  Jones, 
a  man  notoriously  not  worth  a  cent,  was  on  his  bail-bond.  The  governor 
boldly  pronounced  the  action  of  the  chief  justice  in  dismissing  the  murderer 
of  Buffum  as  a  "judicial  outrage,"  and  proceeded  to  treat  it  as  a  nullity  by 
issuing  the  following  warrant : 

"EXECUTIVE  DEPARTMKNT.  K.  T.,) 
"  LECOMPTON,  .Nov.  in,  INXJ.      j 

"  I.  B.  DONELSON,  ESQ.,  Marshal  of  Kansas  Territory  : 

"  Sir :  An  indictment  for  murder  in  the  first  degree  having  been  duly  found 
by  the  grand  jury  of  the  territory  against  Charles  Hays,  for  the  murder  of  a 
certain  David  C.  Buffum,  in  the  county  of  Douglas,  in  this  territory,  and  the 


754  TROUBLES    IN   KANSAS. 

said  Charles  Hays  having  been  discharged  upon  bail,  as  I  consider  in  violation 
of  law,  and  greatly  to  the  endangering  of  the  peace  of  this  territory : 

"  This  is  therefore  to  authorize  and  command  you  to  rearrest  the  said 
Charles  Hays,  if  he  be  found  within  the  limits  of  this  territory,  and  safely  to 
keep  him  until  he  is  duly  discharged  by  a  jury  of  his  country,  according  to 
law. 

"  Given  under  my  hand  and  seal,  at  the  city  of  Lecompton,  the  day  and 
year  first  above  written.  "  JNO.  W.  GEARY, 

"  Governor  of  Kansas  Territory." 

This  warrant  was  handed  to  Marshal  Donelson,  who,  however,  declined  to 
execute  it,  saying  he  would  take  time  to  consider  the  matter.  The  governor 
made  out  a  duplicate  warrant,  and  placed  it,  in  the  hands  of  Col.  Titus,  with 
orders  to  take  a  file  of  men  and  execute  it  without  delay.  The  murderer  was 
promptly  rearrested,  and  remained  in  the  custody  of  Col.  Titus,  until,  during 
the  absence  of  the  governor  from  the  city,  he  was  again  discharged  by  Judge 
Lecompte  on  a  writ  of  habeas  corpus,  as  shown  in  the  subjoined  letter  of 
Col.  Titus: 

"LECOMPTON,  Nov.  21,  1856. 
"  His  EXCELLENCY,  JOHN  W.  GEARY, 

"  Governor  of  Kansas  Territory  : 

"  Sir :  I  have  the  honor  to  state  that  during  your  recent  absence  from  this 
place,  a  writ  of  habeas  corpus,  issued  by  Chief  Justice  Lecompte,  was  served 
upon  me,  by  which  I  was  commanded  to  produce  the  body  of  Charles  Hays 
before  him,  with  the  cause  of  his  detainer: 

"  That  in  obedience  to  the  writ,  I  caused  the  body  of  Hays  to  be  produced 
before  Judge  Lecompte,  and  returned  as  cause  of  his  detention  the  finding  by 
the  grand  jury  of  a  true  bill  of  indictment  against  him  for  murder  in  the  first 
degree,  committed  upon  the  person  of  one  David  C.  Buffum,  together  with 
your  warrant,  commanding  the  rearrest  of  said  Hays  and  his  detention  until 
his  discharge  by  a  jury  of  his  country  according  to  law. 

"  I  have  further  to  state  that  Judge  Lecompte  discharged  the  said  Hays 
from  my  custody  notwithstanding  my  return,  and  that  he  is  now  at  large.  I 
have  the  honor  to  remain  your  obedient  servant,  "  H.  T.  TITUS." 

^*;<!          -:    -HT^m-Vtf  1.»fm*('4r>     '•'  •  MfhiK:!' 

The  governor  did  not  attempt  to  interfere  with  the  writ  of  habeas  corpus, 
but  forwarded  to  the  president  and  secretary  his  executive  minutes,  containing 
a  history  of  the  circumstances,  and  showing  the  necessity  of  a  less  partial 
judiciary  in  order  to  preserve  the  peace  of  the  territory.  Judge  Lecompte 
also  wrote  a  letter  to  Washington.  The  following  correspondence  ensued  be 
tween  the  secretary  of  state  and  the  governor : 

"  DEPARTMENT  OP  STATE,         ) 
"WASHINGTON,  4th  February,  1857. ) 
"  To  JOHN  W.  GEARY,  ESQ.,  Governor  of  Kansas,  Lecompton  : 

"  Sir  :  The  original  letter  of  which  the  inclosed  is  a  copy,  was  brought  to 
the  notice  of  the  president,  a  few  days  since,  by  Hon.  James  A.  Pcarce,  of  tho 


GEARY    AND    MARCY.  755 

United  States  Senate.     The  discrepancies  between  the  statements  of  this  letter 
and  those  contained  in  your  official  communication  of  the  19th  of  September, 
are  such  that  the  president  directs  me  to  inclose  you  a  copy  for  explanation. 
"  I  am,  sir,  respectfully,  your  obedient  servant, 

"W.  L.  MARCY." 

"EXECUTIVE  DEPARTMENT,  Kansas  Territory,") 
"  LECOMPTON,  February  20th,  1857.          j 
"  HON.  WM.  L.  MARCY,  Secretary  of  State : 

"  Sir :  Your  dispatch  of  the  4th  instant,  inclosing  me  a  copy  of  Judge  Le- 
compte's  letter  in  the  Hays  case,  and  calling  my  attention  '  to  discrepancies 
between  the  statements  of  that  letter,  and  those  contained  in  your  (my)  official 
communication  of  19th  of  September  last,'  and  requesting  'explanation,'  was 
received  by  the  last  mail. 

%    *'  In  reply,  I  have  simply  to  state,  that  '  what  I  have  written,  I  have  written,' 
and  I  have  nothing  further  to  add,  alter  or  amend  on  this  subject. 

"  My  executive  minutes,  faithfully  chronicling  my  official  actions,  and  the 
policy  which  dictated  them  at  the  time  they  occurred,  and  my  various  dis 
patches  to  the  government,  contain  but  the  simple  truth,  told  without  fear, 
favor,  or  affection,  and  I  will  esteem  it  a  favor  to  have  them  all  published  for 
the  inspection  of  the  country.  "  Your  obedient  servant, 

"JNO.  W.  GEARY, 
:,.;#j?i<>  *»^  *'  Governor  of  Kansas  Territory. " 

The  president  made  a  show  of  removing  Lecompte,  by  nominating  Mr. 
Harrison,  of  Kentucky,  to  the  senate,  without  issuing  a  writ  of  supersedas. 
This  enabled  the  senate  to  withhold  their  confirmation  of  Harrison's  appoint 
ment,  and  Judge  Lecompte  remained  in  office. 

During  the  latter  part  of  September,  information  was  received  by  Governor 
Geary  that  Colonel  Lane,  with  a  force  of  a  thousand  men  and  several  pieces  of 
artillery,  was  preparing  to  enter  Kansas  by  way  of  Nebraska.  A  detachment 
of  troops,  accompanied  by  deputy  marshal  Preston,  was  immediately  sent  to 
the  northern  frontier.  They  arrested  Captain  James  Redpath  and  130  men, 
who  had  entered  the  territory  armed,  equipped  and  organized,  and  escorted 
them  to  Lecompton.  Redpath,  in  an  interview  with  the  governor,  convinced 
him  that  the  prisoners  were  a  company  of  peaceable  immigrants,  and  they  were 
i  ceordingly  released. 

Another  representation  was  made  to  the  governor,  that  Redpath's  party  was 
but  an  advanced  guard  of  the  forces  of  Lane,  who  had  contracted  with  the 
ferryman  at  Nebraska  City,  for  the  transit  of  f  00  men  and  three  pieces  of  can 
non.  Three  hundred  dragoons  under  Colonels  Cook  and  Johnson  were  forth 
with  dispatched  to  intercept  their  passage. 

On  the  1st  of  October  a  deputation  waited  upon  the  governor,  stating  that 
they  had  been  sent  by  General  Pomeroy  and  Colonels  Eldridge  and  Perry, 
who  were  escorting  three  hundred  immigrants  into  the  territory  by  way  of  Ne 
braska  ;  that  they  did  not  come  to  disturb  the  peace,  but  as  bona  fide  settlers 


756  TROUBLES  IN  KANSAS. 

with  agricultural  implements  ;  that  they  did  not  wish  to  enter  the  territory,  in 
its  present  disturbed  state  without  notifying  the  governor.  In  reply,  the  gov 
ernor  informed  his  visitors  that  he  was  determined  no  armed  bodies  of  men, 
with  cannon  and  munitions  of  war,  should  enter  the  territory  to  the  terror  of 
peaceable  citizens ;  that  there  was  no  further  occasion  for  such  demonstrations; 
that  he  would,  on  the  other  hand,  welcome  all  immigrants  who  should  come 
for  peaceful  and  lawful  purposes  ;  that  he  (would  furnish  them  a  safe  escort,  and 
guarantee  them  protection.  He  then  gave  the  deputation  a  letter  directing  all 
military  commanders  to  give  Colonel  Eldridge's  party  a  safe  escort,  should 
they  be,  as  represented,  a  party  of  peaceable  immigrants. 

Shortly  afterwards  the  governor  received  the  following  dispatch  from  Col. 
Cook,  by  the  hands  of  deputy  marshal  Preston. 

"Head-quarters,  Camp  near  Nebraska  River,) 
"Kansas  Territory,  October  10, 1856.     ) 
"  His  EXCELLENCY,  J.  W.  GEARY, 

"  Governor  of  Kansas  Territory. 

Sir:  Colonel  Preston,  deputy  marshal,  has  arrested,  with  my  assistance,  and 
disarmed,  a  large  body  of  professed  immigrants,  being  entirely  provided  with 
arms  and  munitions  of  war ;  amongst  which,  two  officer's  and  sixty-one  pri 
vate's  sabres,  and  many  boxes  of  new  saddles.  Agreeably  to  your  requisition 
of  September  26th,  I  send  an  escort  to  conduct  them,  men,  arms,  and  muni 
tions  of  war,  to  appear  before  you  at  the  capitol.  Colonel  Preston  will  give 
you  the  details. 

I  have  the  honor  to  be,  with  high  respect,  your  obedient  servant, 

P.  ST.  GEORGE  COOK, 
Lieutenant  Colonel  2d  Dragoons,  Comm'g  in  the  Field." 

A  •  From  the  letter  of  Governor  Geary  to  Secretary  Marcy,  dated  October 
15th,  we  gather  the  particulars  of  this  arrest.  He  says  : 

"Colonel  Wm.  S.  Preston,  a  deputy  U.  S.  Marshal,  who  had  accompanied 
Colonel  Cook  and  his  command  to  the  northern  frontier  to  look  after  a  large 
party  of  professed  immigrants  who  were  reported  to  be  about  invading  the  ter 
ritory  in  that  quarter  in  warlike  array  and  for  hostile  purposes,  returned  to 
Lecompton  on  the  12th  instant. 

"  He  informed  me  that  he  had  caused  to  be  arrested,  an  organized  band, 
consisting  of  about  two  hundred  and  forty  persons,  among  whom  were  a  very 
few  women  and  children,  comprising  some  seven  families. 

"  This  party  was  regularly  formed  in  military  order,  and  were  under  the 
command  of  General  Pomeroy,  Colonels  Eldridge  and  Perry,  and  others. 
They  had  with  them  twenty  wagons,  in  which  was  a  supply  of  new  arms,  mostly 
muskets  and  sabres,  and  a  lot  of  saddles,  &c.,  sufficient  to  equip  a  battalion, 
consisting  one-fourth  of  cavalry  and  the  remainder  of  infantry.  Besides  these 
arms,  the  immigrants  were  provided  with  shot-guns,  rifles,  pistols,  knives,  &c., 
sufficient  for  the  ordinary  uses  of  persons  traveling  in  Kansas,  or  any  other  of 
the  western  territories.  From  the  reports  of  the  officers,  I  learn  they  had 


OFFICIAL  CORRESPONDENCE.  757 

with  them  neither  oxen,  household  furniture,  mechanics'  tools,  agricultural  im 
plements,  nor  any  of  the  necsseary  appurtenances  of  peaceful  settlers. 

"  These  persons  entered  the  territory  on  the  morning  of  the  10th  instant,  and 
met  Colonel  Cook's  command  a  few  miles  south  of  the  territorial  line.  Here 
the  deputy-marshal  questioned  them  as  to  their  intentions,  the  contents  of  their 
wagons,  and  such  other  matters  as  he  considered  necessary  in  the  exercise  of 
his  official  duties.  Not  satisfied  with  their  answers,  and  being  refused  the  pri 
vilege  of  searching  their  effects,  he  felt  justified  in  considering  them  a  party 
organized  and  armed  in  opposition  to  my  proclamation  of  the  llth  of  Septem 
ber.  After  consultation  with  Colonel  Cook  and  other  officers  of  the  army,  who 
agreed  with  him  in  regard  to  the  character  of  the  immigrants,  he  directed  a 
search  to  be  made,  which  resulted  in  the  discovery  of  the  arms  already  men 
tioned. 

"  An  escort  was  offered  them  to  Lecompton,  that  I  might  examine  them  in 
person,  and  decide  as  to  their  intentions,  which  they  refused  to  accept.  Their 
superfluous  arms  were  then  taken  in  charge  of  the  troops,  and  the  entire  party 
put  under  arrest — the  families,  and  all  others,  individually,  being  permitted  to 
retire  from  the  organization,  if  so  disposed.  Few  availed  themselves  of  this 
privilege. 

"  But  little  delay,  and  less  annoyance,  was  occasioned  them  by  these  pro 
ceedings.  Every  thing  that  circumstances  required  or  permitted  was  clone  for 
the  comfort  and  convenience  of  the  prisoners.  Their  journey  was  facilitated 
rather  than  retarded.  They  were  accompanied  by  a  squadron  of  United 
States  dragoons,  in  command  of  Major  H.  H.  Sibley.  A  day's  rations  were 
dealt  out  to  them,  and  they  were  allowed  to  pursue  the  route  themselves  had 
chosen. 

"  Being  apprised  of  the  time  at  which  they  would  probably  arrive  at  Tope- 
ka,  I  forwarded  orders  for  their  detention  on  the  northern  side  of  the  river, 
near  that  place,  where,  as  I  promised,  I  met  them  on  the  morning  of  the  14th 
instant. 

"  I  addressed  these  people  in  their  encampment,  in  regard  to  the  present 
condition  of  the  territory,  the  suspicious  position  they  occupied,  and  the  repre 
hensible  attitude  they  had  assumed.  I  reminded  them  that  there  was  no  possi 
ble  necessity  or  excuse  for  the  existence  of  large  armed  organizations  at  pres 
ent  in  the  territory.  Everything  was  quiet  and  peaceful.  And  the  very  ap 
pearance  of  such  an  unauthorized  and  injudicious  array  as  they  presented, 
while  it  could  do  no  good,  was  calculated,  if  not  intended,  to  spread  anew  dis 
trust  and  consternation  through  the  territory,  and  rekindle  the  fires  of  discord 
and  strife  that  had  swept  over  the  land,  ravaging  and  desolating  everything 
that  lay  in  their  destructive  path. 

"  Their  apology  for  an  evident  disregard  of  my  proclamation,  was,  that  they 
had  made  arrangements  to  emigrate  to  Kansas  when  the  territory  was  not  only 
disturbed  by  antagonistic  political  parties,  armed  for  each  other's  destruction, 
but  when  numerous  bands  of  marauders,  whose  business  was  plunder  and  assas- 


758  TROUBLES  IN  KANSAS. 

eination,  infested  all  the  highways,  rendering  travel  extremely  hazardous,  even 
though  every  possible  means  for  self-protection  were  employed. 

"  After  showing  the  necessity  of  so  doing,  I  insisted  on  the  immediate  dis- 
bandment  of  this  combination,  which  was  agreed  to  with  great  alacrity.  The 
majority  of  the  men  were  evidently  gratified  to  learn  that  they  had  been  de 
ceived  in  relation  to  Kansas  affairs,  and  that  peace  #nd  quiet,  instead  of  strife 
and  contention,  were  reigning  here.  My  remarks  were  received  with  frequent 
demonstrations  of  approbation,  and  at  their  close  the  organization  was  broken 
up,  its  members  dispersing  in  various  directions.  After  they  had  been  dismiss 
ed  from  custody,  and  the  fact  was  announced  to  them  by  Major  Sibley,  their 
thankfulness  for  his  kind  treatment  to  them  while  under  arrest  was  acknowl 
edged  by  giving  him  three  hearty  and  enthusiastic  cheers." 

Soon  after  the  letter,  from  which  the  foregoing  is  extracted,  was  forwarded 
to  Washington,  the  following  statement  from  the  leaders  of  the  party  in  ques 
tion  was  received  by  Governor  Geary  : 

"TOPEKA,  KANSAS  TERRITORY,") 
"October  14,  1856.     j 
"  His  EXCELLENCY,  JOHN  W.  GEARY, 

"  Governor  of  Kansas  Territory: 

"  Dear  Sir  :  We,  the  undersigned,  conductors  of  an  emigrant  train,  who  en 
tered  the  terrritory  on  the  10th  instant,  beg  leave  to  make  the  following  state 
ment  of  facts,  which,  if  required,  we  will  attest  upon  our  oaths. 

"  1st.  Our  party  numbered  from  two  hundred  to  three  hundred  persons,  in 
^  two  separate  companies  ;  the  rear  company,  which  has  not  yet  arrived,  being 
principally  composed  of  families,  with  children,  who  left  Mount  Pleasant, 
Iowa,  three  days  after  this  train  which  has  arrived  to-day. 

"  2d.  We  are  all  actual,  bona  fide  settlers,  intending,  so  far  as  we  know,  to 
become  permanent  inhabitants. 

"  3d.  The  blockading  of  the  Missouri  river  to  free-state  emigrants,  and  the 
reports  which  reached  us  in  the  early  part  of  September,  to  the  effect  that 
armed  men  were  infesting  and  marauding  the  northern  portions  of  Kansas, 
were  the  sole  reasons  why  we  came  in  a  company  and  were  armed. 

"  4th.  We  were  stopped  near  the  northern  line  of  the  territory  by  the  United 
States  troops,  acting,  as  we  understood,  under  the  orders  of  one  Preston, 
deputy  United  States  marshal,  and  after  stating  to  the  officers  who  we  were 
and  what  we  had,  they  commenced  searching  our  wagons  (in  some  instances 
breaking  open  trunks,  and  throwing  bedding  and  wearing  apparel  on  the 
ground  in  the  rain,)  taking  arms  from  the  wagons,  wresting  some  private  arms 
from  the  hands  of  men,  carrying  away  a  lot  of  sabres  belonging  to  a  gentleman 
in  the  territory,  as  also  one  and  a  half  kegs  of  powder,  purcussion  caps,  and 
some  cartridges  ;  in  consequence  of  which  we  were  detained  about  two-thirds 
of  a  day,  taken  prisoners  and  are  now  presented  to  you. 

"  All  we  have  to  say  is,  that  our  mission  to  this  territory  is  entirely  peaceful. 
We  have  no  organization,  save  a  police  organization  for  our  own  regulation 
and  defense  on  the  way.  And  coming  in  that  spirit  to  this  territory,  we  claim 


DISPATCHES.  759 

the  rights  of  American  citizens  to  bear  arms,  and  to  be  exempt  from  unlawful 
search  and  seizure. 

"  Trusting  to  your  integrity  and  impartiality,  we  have  confidence  to  believe 
that  our  property  will  be  restored  to  us,  and  that  all  that  has  been  wrong  will 
be  righted. 

"  We  here  subscribe  ourselves,  cordially  and  truly,  your  friends  and  fellow- 
citizens,  "S.  W.  ELDRIDGE,  Conductor, 

"  SAMUEL  C.  POMEROY, 
"  JOHN  A.  PERRY, 
"  ROBERT  MORROW, 
"EDWARD  DANIELS, 
"RICHARD  RAELF." 

•Sffi    >  •  T-,    i  rS»'jta 

During  the  latter  part  of  October,  the  governor  made  a  tour  of  observation 
through  the  southern  and  western  portions  of  the  territory,  and  on  his  return 
addressed  the  following  letter  to  Secretary  Marcy,  which  will  explain  the  state 

)f  affairs  at  that  time  : 

"EXECUTIVE  DEPARTMENT,  K.  T.,"> 

Lecompton,  Nov.  7,  1856.      ) 

"HoN.  WM.  L.  MARCY,  Secretary  of  State: 

"  SIR  :  I  have  just  returned  to  this  place,  after  an  extended  tour  of  obser 
vation  through  a  large  portion  of  this  territory.  I  left  Lecompton  on  the  17th 
ult.,  via  Lawrence,  Franklin,  Wakarusa  Creek,  Hickory  Point,  Ottawa  Creek, 
Osawattomie,  Bull  Cr,eek,  Paoli,  Potawattomie,  North  and  South  Middle 
Creeks,  Big  and  Little  Sugar  Creeks,  and  Sugar  Mound,  passing  westward 
along  the  California  and  Santa  Fe  road  to  Fort  Riley ;  thence  down  the  Kan 
sas  river,  via  Pawnee,  Riley  City,  Manhattan,  Waubonsee,  Baptist  Mission, 
Topeka,  Tecumseh,  and  other  places.  I  also  visited,  at  their  houses,  as  many 
citizens  as  I  conveniently  could,  and  addressed  various  bodies  of  people,  as  I 
have  reason  to  believe,  with  beneficial  results. 

"During  this  tour  I  have  obtained  much  valuable  information  relative  to 
affairs  in  Kansas,  and  made  myself  familiar  with  the  wants  and  grievances  of 
the  people,  which  will  enable  me  to  make  such  representations  to  the  next  leg 
islature  and  the  government  at  Washington,  as  will  be  most  conducive  to  the 
public  interests.  The  general  peace  of  the  territory  remains  unimpaired ;  con 
fidence  is  being  gradually  and  surely  restored ;  business  is  resuming  its  ordi 
nary  channels ;  citizens  are  preparing  for  winter ;  and  there  is  a  readiness  • 
among  the  good  people  of  all  parties  to  sustain  my  administration. 

"  Very  respectfully,  your  obed't  servt.,  JNO.  W.  GEABY, 

"  Governor  of  Kansas  Territory." 

On  the  31st  December,  1856,  the  governor  again  addressed  Secretary  Marcy 
as  follows,  in  regard  to  the  condition  of  the  territory  at  that  period  : 

"  In  reviewing,  on  this,  the  last  evening  of  the  year,  the  events  of  the  past 
four  months,  and  contrasting  the  disturbed  condition  of  affairs  upon  my  advent 
with  the  present  tranquil  and  happy  state  of  things,  which  has  held  its  sway 


760  TROUBLES  IN  KANSAS. 

for  the  last  three  months,  I  must  congratulate  the  administration  and  the  coun 
try  upon  the  auspicious  results.  Crime,  so  rife  and  daring  at  the  period  of 
my  arrival,  is  almost  entirely  banished.  I  can  truthfully  assure  you,  that  in 
proportion  to  her  population  and  extent,  less  crime  is  now  being  committed  in 
Kansas  than  in  any  other  portion  of  the  United  States. " 

The  6th  of  January,  1857,  was  the  day  appointed  for  the  meeting  of  the  free 
state  legislature  at  Topeka.  As  apprehensions  were  entertained  as  to  the 
results  of  this  meeting,  the  governor  had  taken  precautions  against  any  evil 
consequences ;  but  there  were  persons  about  Lecompton  who  were  unwilling 
to  trust  the  management  of  the  affair  to  the  governor.  A  writ  for  the  arrest 
of  the  Topeka  legislators  had  been  quietly  issued  by  Judge  Cato,  on  the  oath 
of  Sheriff  Jones,  which  was  served  by  deputy  marshall  Pardee — Jones  being 
present — on  the  members  assembled,  who  yielded  themselves  prisoners  without 
resistance,  much  to  the  disappointment  of  the  sheriff  and  his  coadjutors.  The 
prisoners  were  conveyed  to  Tecumseh,  where  they  received  a  hearing  before 
Judge  Cato,  who  liberated  them  on  their  own  recognizance.  They  were,  of 
course,  never  brought  to  trial,  the  district  attorney  entering  nolle  prosequies 
in  theirs,  as  in  all  other  cases  of  free  state  treason*  prisoners. 

The  territorial  legislative  assembly  met  at  Lecompton  on  the  12th  of  Janu 
ary,  and  was  duly  organized.  A  committee  was  appointed  to  wait  upon  the 
governor,  and  apprise  him  of  the  organization.  On  the  following  morning  his 
message  was  read  before  both  houses. 

MESSAGE. 

GENTLEMEN  OP  THE  COUNCIL  AND  OF  THE  HOUSE  OF  REPRESENTATIVES  : 

The  All- Wise  and  beneficent  Being,  who  controls  alike  the  destinies  of 
individuals  and  of  nations,  has  permitted  you  to  convene,  this  day,  charged 
with  grave  responsibilities. 

The  eyes,  not  only  of  the  people  of  Kansas,  but  of  the  entire  Union,  are 
upon  you,  watching  with  anxiety  the  result  of  your  deliberations,  and  of  our 
joint  action  in  the  execution  of  the  delicate  and  important  duties  devolving 
upon  us. 

Selected  at  a  critical  period  in  the  history  of  the  country,  to  discharge  the 
executive  functions  of  this  territory,  the  obligations  I  was  required  to  assume 
were  of  the  most  weighty  importance.  And  when  I  came  seriously  to  contem 
plate  their  magnitude,  I  would  have  shrunk  from  the  responsibility,  were  it  not 
for  an  implicit  reliance  upon  Divine  aid,  and  a  full  confidence  in  the  virtue, 
zeal  and  patriotism  of  the  citizens,  without  which  the  wisest  executive  suggest 
ions  must  be  futile  and  inoperative. 

To  you,  legislators,  invested  with  sovereign  authority,  I  look  for  that  hearty 
cooperation  which  will  enable  us  successfully  to  guide  the  ship  of  state  through 
the  troubled  waters,  into  the  haven  of  safety.  It  is  with  feelings  of  profound 
gratitude  to  Almighty  God,  the  bounteous  Giver  of  all  good,  I  have  the  pleas 
ure  of  announcing,  that  after  the  bitter  contest  of  opinion  through  which  we 
have  recently  passed,  and  which  has  unfortunately  led  to  fratricidal  strife,  that 


GOVERNOR  GEARY  S  MESSAGE. 

peace,  which  I  have  every  reason  to  believe  to  be  permanent,  now  reigns 
throughout  the  territory,  and  gladdens,  with  its  genial  influences,  homes  and 
hearts  which  but  lately  were  sad  and  desolate ;  that  the  robber  and  the  mur 
derer  have  been  driven  from  our  soil ;  that  burned  cabins  have  been  replaced 
by  substantial  dwellings ;  that  a  feeling  of  confidence  and  kindness  has  taken 
the  place  of  distrust  and  hate ;  that  all  good  citizens  are  disposed  to  deplore 
the  errors  and  excesses  of  the  past,  and  unite  with  fraternal  zeal  in  repairing 
its  injuries ;  and  that  this  territory,  unsurpassed  by  any  portion  of  the  conti 
nent  for  the  salubrity  of  its  climate  and  the  fertility  of  its  soil,  its  mineral  and 
agricultural  wealth,  its  timber-fringed  streams  and  fine  quarries  of  building 
stone,  has  entered  upon  a  career  of  unparalleled  prosperity. 

To  maintain  the  advance  we  have  made,  and  realize  the  bright  anticipations 
of  the  future ;  to  build  up  a  model  commonwealth,  enriched  with  all  the  treas 
ures  of  learning,  of  virtue  and  religion,  and  make  it  a  choice  heritage  for  our 
children  and  generations  yet  unborn,  let  me,  not  only  as  your  executive,  but  as*1 
a  Kansan,  devoted  to  the  interests  of  Kansas,  and  animated  solely  by  patriotic 
purposes,  with  all  earnestness  invoke  you,  with  one  heart  and  soul,  to  pursue 
so  high  and  lofty  a  course  in  your  deliberations,  as,  by  its  moderation  and  jus 
tice,  will  commend  itself  to  the  approbation  of  the  country,  and  command  the 
respect  of  the  people. 

This  being  the  first  occasion  offered  me  to  speak  to  the  legislative  assembly, 
it  is  but  proper,  and  in  accordance  with  general  usage,  that  I  should  declare 
the  principles  which  shall  give  shape  and  tone  to  my  administration.  These 
principles,  without  elaboration,  I  will  condense  into  the  narrowest  compass. 

"  Equal  and  exact  justice  "  to  all  men,  of  whatever  political  or  religious 
persuasion ;  peace,  comity,  and  friendship  with  neighboring  states  and  territo 
ries,  with  a  sacred  regard  for  state  rights,  and  reverential  respect  for  the  integ 
rity  and  perpetuity  of  the  Union ;  a  reverence  for  the  federal  constitution  as 
the  concentrated  wisdom  of  the  fathers  of  the  republic,  and  the  very  ark  of 
our  political  safety ;  the  cultivation  of  a  pure  and  energetic  nationality,  and  the 
development  of  an  excellent  and  intensely  vital  patriotism ;  a  jealous  regard 
for  the  elective  franchise,  and  the  entire  security  and  sanctity  of  the  ballot-box ; 
a  firm  determination  to  adhere  to  the  doctrines  of  self-government  and  popular 
sovereignty,  as  guaranteed  by  the  organic  law;  unqualified  submission  to  the 
will  of  the  majority ;  the  election  of  all  officers  by  the  people  themselves ; 
the  supremacy  of  the  civil  over  the  military  power ;  strict  economy  in  public 
expenditures,  with  a  rigid  accountability  of  all  public  officers ;  the  preserva 
tion  of  the  public  faith,  and  a  currency  based  upon,  and  equal  to,  gold  and 
silver ;  free  and  safe  immigration  from  every  quarter  of  the  country ;  the  culti 
vation  of  the  proper  territorial  pride,  with  a  firm  determination  to  submit  to 
no  invasion  of  our  sovereignty ;  the  fostering  care  of  agriculture,  manufactures, 
mechanic  arts,  and  all  works  of  internal  improvement ;  the  liberal  and  free 
education  of  all  the  children  of  the  territory  ;  entire  religious  freedom  ;  a  free 
press,  free  speech,  and  the  peaceable  right  to  assemble  and  discuss  all  questions 
of  public  interest;  trial  by  jurors  impartially  selected;  the  sanctity  of  the 
49 


762  TROUBLES  IN  KANSAS. 

habeas  corpus ;  the  repeal  of  all  laws  inconsistent  with  the  constitution  of  the 
United  States  and  the  organic  act,  and  the  steady  administration  of  the  gov 
ernment  so  as  best  to  secure  the  general  welfare. 

These  sterling  maxims,  sanctioned  by  the  wisdom  and  experience  of  the  past, 
and  the  observance  of  which  has  brought  our  country  to  so  exalted  a  position 
among  the  nations  of  the  earth,  will  be  steady  lights  by  which  my  administra 
tion  shall  be  guided. 

A,  summary  view  of  the  state  of  the  territory  upon  my  advent,  with  an  al 
lusion  to  some  of  my  official  acts,  may  not  be  inappropriate  to  this  occasion, 
and  may  serve  to  inspire  your  counsels  with  that  wisdom  and  prudence,  by  a 
contemplation  of  the  frightful  excesses  of  the  past,  so  essential  to  the  adoption 
of  measures  to  prevent  their  recurrence,  and  enable  you  to  lay  the  broad  and 
solid  foundations  of  a  future  commonwealth  which  may  give  protection  and 
happiness  to  millions  of  freemen. 

^  It  accords  not  with  my  policy  or  intentions  to  do  the  least  injustice  to  any 
citizen  or  party  of  men  in  this  territory  or  elsewhere.  Pledged  to  do  "  equal 
and  exact  justice  "  in  my  executive  capacity,  I  am  inclined  to  throw  the  veil 
of  oblivion  over  the  errors  and  outrages  of  the  period  antecedent  to  my  arrival, 
except  so  far  as  reference  to  them  may  be  necessary  for  substantial  justice,  and 
to  explain  and  develope  the  policy  which  has  shed  the  benign  influences  of 
peace  upon  Kansas,  and  which,  if  responded  to  by  the  legislature  in  a  spirit  of 
kindness  and  conciliation,  will  contribute  much  to  soothe  those  feelings  of  bit 
terness  and  contention  which  in  the  past  brought  upon  us  such  untold  evils. 

I  arrived  at  Fort  Leavenworth  on  the  ninth  day  of  September  last,  and 
immediately  assumed  the  executive  functions.  On  the  eleventh,  I  issued  my 
inaugural  address,  declaring  the  general  principles. upon  which  I  intended  to 
administer  the  government.  In  this  address,  I  solemnly  pledged  myself  to  sup 
port  the  constitution  of  the  United  States,  and  to  discharge  my  duties  as  gov 
ernor  of  Kansas  with  fidelity ;  to  sustain  all  the  provisions  of  the  organic  act, 
which  I  pronounced  to  be  "  eminently  just  and  beneficial ;"  to  stand  by  the 
doctrine  of  popular  sovereignty,  or  the  will  of  the  majority  of  the  actual  bona 
fide  inhabitants,  when  legitimately  expressed,  which  I  characterized  "  the  im 
perative  rule  of  civil  action  for  every  law-abiding  citizen. "  The  gigantic  evila 
under  which  this  territory  was  groaning  were  attributed  to  outside  influences, 
and  the  people  of  Kansas  were  earnestly  invoked  to  suspend  unnatural  strife ; 
to  banish  all  extraneous  and  improper  influences  from  their  deliberations ;  and 
in  the  spirit  of  reason  and  mutual  conciliation  to  adjust  their  own  differences. 
Such  suggestions  in  relation  to  modifications  of  the  present  statutes  as  I  deem 
ed  for  the  public  interests,  were  promised  at  the  proper  time.  It  was  declared 
that  this  territory  was  the  common  property  of  the  people  of  the  several  states, 
and  that  no  obstacle  should  be  interposed  to  its  free  settlement,  while  in  a  ter 
ritorial  condition,  by  the  citizens  of  eve^y  state  of  the  Union.  A  just  territo 
rial  pride  was  sought  to  be  infused  ;  «  pledge  was  solemnly  given  to  know  no 
party,  no  section,  nothing  but  Kansas  and  the  Union ;  and  the  people  were 
earnestly  invoked  to  bury  the  past  in  oblivion,  to  suspend  hostilities  and  re- 


GOV.  GEARY'S  MESSAGE.  763 

frain  from  the  indulgence  of  bitter  feeling ;  to  begin  anew ;  to  devote  them 
selves  to  the  true  and  substantial  interests  of  Kansas ;  develope  her  rich  agri 
cultural  resources ;  build  up  manufactures  ;  make  public  roads  and  other  works 
of  internal  improvement ;  prepare  amply  for  the  education  of  their  children  ; 
devote  themselves  to  all  the  arts  of  peace,  and  make  this  territory  the  sanctu 
ary  of  those  cherished  principles  which  protect  the  .inalienable  rights  of  the  in 
dividual,  and  elevate  states  in  their  sovereign  capacities. 

The  foregoing  is  a  brief  summary  of  the  principles  upon  which  my  admin 
istration  was  commenced.  I  have  steadily  adhered  to  them,  and  time  and  trial 
have  but  served  to  strengthen  my  convictions  of  their  justice. 

Coincident  with  my  inaugural  were  issued  two  proclamations,  the  one,  dis 
banding  the  territorial  militia,  composed  of  a  mixed  force  of  citizens  and  oth 
ers,  and  commanding  "  all  bodies  of  men,  combined,  armed  and  equipped  with 
munitions  of  war,  without  authority  of  the  government,  instantly  to  disband  or 
quit  the  territory,  as  they  would  answer  the  contrary  at  their  peril."  The  other, 
ordering  "  all  free  male  citizens  qualified  to  bear  arms,  between  the  ages  of 
eighteen  and  forty-five  years,  to  enroll  themselves,  that  they  might  be  completely 
organized  by  companies,  regiments,  brigades,  and  divisions,  and  hold  them 
selves  in  readiness  to  be  mustered,  by  my  order,  into  the  service  of  the  United 
States,  upon  a  requisition  of  the  commander  of  the  military  department  in 
which  Kansas  is  embraced,  for  the  suppression  of  all  unlawful  combinations, 
and  for  the  maintenance  of  public  order  and  civil  government. " 

The  policy  of  these  proclamations  is  so  evident,  and  their  beneficial  effects 
have  been  so  apparent,  as  to  require  no  vindication. 

The  territory  was  declared  by  the  acting-governor  to  be  in  a  state  of  insur 
rection  ;  the  civil  authority  was  powerless — entirely  without  capacity  to  vindi 
cate  the  majesty  of  the  law  and  restore  the  broken  peace ;  the  existing  difficul 
ties  were  of  a  far  more  complicated  character  than  I  had  anticipated ;  preda 
tory  bands,  whose  sole  aim,  unrelieved  by  the  mitigation  of  political  causes,  was 
assassination,  arson,  plunder,  and  rapine,  had  undisturbed  possession  of  some 
portions  of  the  territory,  while  every  part  of  it  was  kept  in  constant  alarm  and 
terror  by  the  advocates  of  political  sentiments,  uniting,  according  to  their  re 
spective  sympathies,  in  formidable  bodies  of  armed  men,  completely  equipped 
with  munitions  of  war,  and  resolved  upon  mutual  extermination  as  the  only 
hope  of  peace ;  unoffending  and  peaceable  citizens  were  driven  from  their 
homes ;  others  murdered  in  their  own  dwellings,  which  were  given  to  the 
flames ;  that  sacred  respect  for  woman  which  has  characterized  all  civilized  na 
tions,  seemed  in  the  hour  of  mad  excitement  to  be  forgotten ;  partisan  feeling, 
on  all  sides,  intensely  excited  by  a  question  which  inflamed  the  entire  nation, 
almost  closed  the  minds  of  the  people  against  me ;  idle  and  mendacious  ru 
mors,  well  calculated  to  produce  exasperation  and  destroy  confidence,  were 
everywhere  rife  ;  the  most  unfortunate  suspicions  prevailed  ;  in  isolated  coun 
try  places  no  man's  life  was  safe  ;  robberies  and  murders  were  of  daily  occur 
rence  ;  nearly  every  farm-house  was  deserted ;  and  no  traveler  could  safely 
venture  on  the  highway  without  an  escort.  This  state  of  affairs  was  greatly 


764  TROUBLES  IN  KANSAS. 

aggravated  by  the  interference  of  prominent  politicians  outside  of  the  territory. 
The  foregoing  is  but  a  faint  outline  of  the  fearful  condition  of  things  which 
ruled  Kansas  and  convulsed  the  nation.  The  full  picture  will  be  drawn  by  the 
iron  pen  of  impartial  history,  and  the  actors  in  the  various  scenes  will  be  as 
signed  their  true  positions. 

I  came  here  a  stranger  to  your  difficulties,  without  prejudice,  with  a  solemn 
sense  of  my  official  obligations,  and  with  a  lofty  resolution  to  put  a  speedy  ter 
mination  to  events  so  fraught  with  evil,  and  which,  if  unchecked,  would  have 
floated  the  country  into  the  most  bloody  civil  war. 

Hesitation,  or  partisan  affiliations,  would  have  resulted  in  certain  failure,  and 
only  served  further  to  complicate  affairs.  To  restore  peace  and  order,  and  re 
lieve  the  people  from  the  evils  under  which  they  were  laboring,  it  was  neces 
sary  that  an  impartial,  independent,  and  just  policy  should  be  adopted,  which 
would  embrace  in  its  protection  all  good  citizens,  without  distinction  of  party, 
and  sternly  punish  all  bad  men  who  continued  to  disturb  the  public  tranquility. 
Accordingly,  my  inaugural  address  and  proclamations  were  immediately  circu 
lated  among  the  people,  in  order  that  they  might  have  early  notice  of  my  in 
tentions. 

On  the  fourteenth  day  of  September,  reliable  information  was  received  that 
a  large  body  of  armed  men  were  marching  to  attack  Hickory  Point,  on  the 
north  side  of  the  Kansas  river.  I  immediately  dispatched  a  squadron  of  United 
States  dragoons,  with  instruction  to  capture  and  bring  to  this  place  any  persons 
whom  they  might  find  acting  in  violation  of  my  proclamation.  In  pursuance 
of  these  instructions,  one  hundred  and  one  prisoners  were  taken,  and  commit 
ted  for  trial. 

While  a  portion  of  the  army  was  performing  this  duty,  I  was  advised  that 
a  large  body  of  men  was  approaching  the  town  of  Lawrence,  determined  upon 
its  destruction.  I  at  once  ordered  three  hundred  United  States  troops  to  that 
place,  and  repaired  there  in  person.  Within  four  miles  of  Lawrence,  I  found 
a  force  of  twenty-seven  hundred  men,  consisting  of  citizens  of  this  territory 
and  other  places,  organized  as  territorial  militia,  under  a  proclamation  of  the 
late  acting  governor.  I  disbanded  this  force,  ordering  the  various  companies 
composing  it,  to  repair  to  their  respective  places  of  rendezvous,  there  to  be 
mustered  out  of  service.  My  orders  were  obeyed ;  the  militia  retired  to  their 
homes ;  the  effusion  of  blood  was  prevented ;  the  preservation  of  Lawrence  ef 
fected  ;  and  a  great  step  made  towards  the  restoration  of  peace  and  confidence. 

To  recount  my  various  official  acts,  following  each  other  in  quick  succession 
under  your  immediate  observation,  would  be  a  work  of  supererogation,  and 
would  occupy  more  space  than  the  limits  of  an  executive  message  would  jus 
tify.  My  executive  minutes,  containing  a  truthful  history  of  my  official  trans 
actions,  with  the  policy  which  dictated  them,  have  been  forwarded  to  the  gen 
eral  government,  and  are  open  to  the  inspection  of  the  country. 

In  relation  to  any  alterations  or  modifications  of  the  territorial  statutes  which 
I  might  deem  advisable,  I  promised  in  my  inaugural  address  to  direct  public 
attention  at  the  proper  time.  In  the  progress  of  events,  the  time  has  arrived, 


GOV.  GEARY'S  MESSAGE.  765 

and  you  are  the  tribunal  to  which  my  suggestions  must  be  submitted.  On  this 
subject  I  bespeak  your  candid  attention,  as  it  has  an  inseparable  connection 
with  the  prosperity  and  happiness  of  the  people. 

It  has  already  been  remarked  that  the  territories  of  the  United  State  are  the 
common  property  of  the  citizens  of  the  several  states.  It  may  be  likened  to 
a  joint  ownership  in  an  estate,  and  no  condition  should  be  imposed  or  restric 
tions  placed  upon  the  equal  enjoyment  of  the  benefits  arising  therefrom,  which 
will  do  the  least  injustice  to  any  of  the  owners,  or  which  is  not  contemplated 
in  the  tenure  by  which  it  is  held,  which  is  no  less  than  the  constitution  of  the 
United  States,  the  sole  bond  of  the  American  Union.  This  being  the  true  po 
sition,  no  obstacle  should  be  interposed  to  the  free,  speedy,  and  general  settle 
ment  of  this  territory. 

The  durability  and  imperative  authority  of  a  state  constitution,  when  the 
interests  of  the  people  require  a  state  government,  and  a  direct  popular  vote  is 
necessary  to  give  it  sanction  and  effect,  will  be  the  proper  occasion,  once  for  all, 
to  decide  the  grave  political  questions  which  underlie  a  well  regulated  com 
monwealth. 

Let  this,  then,  be  the  touchstone  of  your  deliberations.  Enact  no  law  which 
will  not  clearly  bear  the  constitutional  test ;  and  if  any  laws  have  been  passed 
which  do  not  come  up  to  this  standard,  it  is  your  solemn  duty  to  sweep  them 
from  the  statute  book. 

The  territorial  government  should  abstain  from  the  exercise  of  authority  not 
clearly  delegated  to  it,  and  should  permit  all  doubtful  questions  to  remain  in 
abeyance  until  the  formation  of  a  state  constitution. 

On  the  delicate  and  exciting  question  of  slavery,  a  subject  which  so  pecu 
liarly  engaged  the  attention  of  congress  at  the  passage  of  our  organic  act,  I 
cannot  too  earnestly  invoke  you  to  permit  it  to  remain  where  the  constitution 
of  the  United  States  and  that  act  place  it,  subject  to  the  decision  of  the  courts 
upon  all  points  arising  during  our  present  infant  condition. 

The  repeal  of  the  Missouri  line,  which  was  a  restriction  on  popular  sover 
eignty,  anew  consecrated  the  great  doctrine  of  self-government,  and  restored 
to  the  people  their  full  control  over  every  question  of  interest  to  themselves, 
both  north  and  south  of  that  line. 

Justice  to  the  country  and  the  dictates  of  sound  policy  require  that  the  leg 
islature  should  confine  itself  to  such  subjects  as  will  preserve  the  basis  of  entire 
equality ;  and  when  a  sufficient  population  is  here,  and  they  choose  to  adopt  a 
state  government,  that  they  shall  be  "perfectly  free,"  without  let  or  hindrance, 
to  form  all  their  domestic  institutions  "in  their  own  way,"  and  to  dictate  that 
form  of  government  which  in  their  deliberate  judgment  may  be  deemed  proper. 

Any  attempt  to  incite  servile  insurrection  and  to  interfere  with  the  domestic 
institutions  of  sovereign  states,  is  extremely  reprehensible,  and  shall  receive  no 
countenance  from  me.  Such  intervention  can  result  in  no  good,  but  is  preg 
nant  with  untold  disasters.  Murder,  arson,  rapine,  and  death  follow  in  its 
wake,  while  not  one  link  in  the  fetters  of  the  slave  is  weakened  or  broken,  or 
any  amelioration  in  his  condition  secured.  Such  interference  is  a  direct  inva- 


TOG  TROUBLES  IN  KANSAS. 

sion  of  state  rights,  only  calculated  to  produce  irritation  and  estrangement. 
Every  dictate  of  self-respect — every  consideration  of  state  equality — the 
glories  of  the  past  and  the  hopes  of  the  future — all,  with  soul-stirring  elo 
quence,  constrain  us  to  cultivate  a  reverential  awe  for  the  constitution  as  the 
sheet-anchor  of  our  safety,  and  bid  us,  in  good  faith,  to  carry  out  all  its  provi 
sions. 

'  .-\  t  '•  »  •    "  i 

Many  of  the  statutes  are  excellent,  and  suited  to  our  wants  and  condition, 
but  in  order  that  they  may  receive  that  respect  and  sanction  which  is  the  vital 
principle  of  all  law,  let  such  be  abolished  as  are  not  eminently  just  and  will 
not  receive  the  fullest  approbation  of  the  people.  I  trust  you  will  test  them 
all  by  the  light  of  the  general  and  fundamental  principles  of  our  government, 
and  that  all  that  will  not  bear  this  ordeal,  be  revised,  amended,  or  repealed. 
To  some  of  them  which  strike  my  mind  as  objectionable,  your  candid  and  spe 
cial  attention  is  respectfully  invited. 

By  carefully  comparing  the  organic  act,  as  printed  in  the  statutes,  with  a 
certified  copy  of  the  same  from  the  department  of  state,  important  discrepan 
cies,  omissions  and  additions  will  be  discovered.  I  therefore  recommend  the 
appointment  of  a  committee,  to  compare  the  printed  statutes  with  the  original 
rolls  on  file  in  the  secretary's  office,  to  ascertain  whether  the  same  liberty  has 
been  taken  with  the  act  under  which  they  were  made. 

Of  the  numerous  errors  discovered  by  me  in  the  copy  of  the  organic  act  as 
printed  in  the  statutes,  I  will  refer  to  one  in  illustration  of  my  meaning.  In 
the  29th  section,  defining  the  executive  authority,  will  be  found  the  following 
striking  omission — "  against  the  laws  of  said  territory,  and  reprieves  for 
offenses."  This  omission  impairs  the  executive  authority,  and  deprives  the 
governor  of  the  pardoning  power  for  offenses  committed  "  against  the  laws  of 
the  territory,"  which  congress,  for  the  wisest  and  most  humane  reasons,  has 
conferred  upon  him. 

The  organic  act  requires  every  bill  to  be  presented  to  the  governor,  and  de 
mands  his  signature,  as  the  evidence  of  his  approval,  before  it  can  become  a 
law.  The  statutes  are  defective  in  this  respect,  as  they  do  not  contain  the 
date  of  approval,  nor  the  proper  evidence  of  that  fact,  by  having  the  governor's 
signature. 

Your  attention  is  invited  to  chapter  30,  in  relation  to  county  boundaries. 
The  boundary  of  Douglas  county  is  imperfect,  and  in  connection  with  Shaw- 
nee  county,  is  an  absurdity  for  both  counties.  The  boundary  lines  for  all  the 
counties  should  be  absolutely  established. 

Chapter  44,  establishing  the  probate  court,  also  requires  attention.  The  act 
is  good  generally,  so  far  as  it  relates  to  the  organization  and  duties  of  the 
court.  But  all  provisions  in  this  and  other  acts,  vesting  the  appointment  of 
probate  judges,  county  commissioners,  and  other  public  officers,  in  the  legisla 
tive  assembly,  should  at  once  be  repealed,  and  the  unqualified  right  of  election 
conferred  upon  the  people,  whose  interests  are  immediately  affected  by  the  acts 
of  those  officials.  The  free  and  unrestricted  right  of  the  people  to  select  all 
their  own  agents,  is  a  maxim  so  well  settled  in  political  ethics,  and  springs  so 


GOVERNOR  GEARY'S  MESSAGE.  767 

legitimately  from  the  doctrines  of  self-government,  that  I  need  only  to  allude 
to  the  question  to  satisfy  every  one  of  its  justice.  The  "people  must  be  per 
fectly  free "  to  regulate  their  own  business  in  their  own  way ;  and  when  the 
voice  of  the  majority  is  fairly  expressed,  all  will  bow  to  it  as  the  voice  of  God. 
Let  the  people,  then,  rule  in  everything.  I  have  every  confidence  in  the  virtue^ 
intelligence,  and  "sober  thought"  of  the  toiling  millions.  The  deliberate 
popular  judgment  is  never  wrong.  When,  in  times  of  excitement,  the  popu 
lar  mind  may  be  temporarily  obscured  from  the  dearth  of  correct  information 
or  the  mists  of  passion,  the  day  of  retribution  and  justice  speedily  follows,  and 
a  summary  reversal  is  the  certain  result.  Just  and  patriotic  sentiment  is  a 
sure  reliance  for  every  honest  public  servant.  The  sovereignty  of  the  people 
must  be  maintained. 

Section  15th  of  this  act  allows  writs  of  habeas  corpus  to  be  issued  by  the 
probate  judge,  but  leaves  him  no  authority  to  hear  the  case  and  grant  justice ; 
but  refers  the  matter  to  the  "next  term  of  the  district  court."  The  several 
terms  of  the  district  court  are  at  stated  periods,  and  the  provision  alluded  to 
amounts  to  a  denial  of  justice  and  a  virtual  suspension  of  "the  great  writ  of 
liberty,"  contrary  to  the  letter  and  spirit  of  the  constitution  of  the  United 
States. 

Many  provisions  of  chapter  66,  entitled  "  Elections,"  are  objectionable. 
Section  llth,  requiring  certain  "test  oaths"  as  pre-requisites  to  the  right  of 
suffrage,  is  wrong,  unfair,  and  uneqal  upon  the  citizens  of  different  sections 
of  the  Union.  It  is  exceedingly  invidious  to  require  obedience  to  any  special 
enactment.  The  peculiar  features  of  these  test  oaths  should  be  abolished,  and 
all  citizens  presumed  to  be  law-abiding  and  patriotic  until  the  contrary  clearly 
appears.  Sworn  obedience  to  particular  statutes  has  seldom  secured  that 
object.  Justice  will  ever  commend  itself  to  the  support  of  all  honest  men,  and 
the  surest  means  of  insuring  the  ready  execution  of  law,  is  to  make  it  so  pre 
eminently  just,  equal  and  impartial  as  to  command  the  respect  of  those  whom 
it  is  intended  to  affect. 

Section  36th  deprives  electors  of  the  great  safeguard  of  the  purity  and  in 
dependence  of  the  elective  franchise  :  I  mean  the  right  to  vote  by  ballot ;  and 
after  the  first  day  of  November,  1856,  requires  all  voting  to  be  viva  voce. 
This  provision,  taken  in  connection  with  section  9th,  which  provides  that  *'  if 
all  the  votes  offered  cannot  be  taken  before  the  hour  appointed  for  closing  the 
polls,  the  judges  shall  by  public  proclamation,  adjourn  such  election  until  the 
following  day,  when  the  polls  shall  again  be  opened,  and  the  election  continued 
as  before,"  &c.,  offers  great  room  for  fraud  and  corruption.  Voting  viva  voce, 
the  condition  of  the  poll  can  be  ascertained  at  any  moment.  If  the  parties 
having  the  election  officers  are  likely  to  be  defeated,  they  have  the  option  of 
adjourning  for  the  purpose  of  drumming  up  votes  ;  or  in  the  insane  desire  of 
victory,  may  be  tempted  to  resort  to  other  means  even  more  reprehensible. 
The  right  of  voting  by  ballot  is  now  incorporated  into  the  constitutions  of 
nearly  all  the  states,  and  is  classed  with  the  privileges  deemed  sacred.  The 
arguments  in  its  favor  are  so  numerous  and  overwhelming  that  I  have  no  hesi- 


768  TROUBLES  IN  KANSAS. 

tation  in  recommending  its  adoption.  The  election  law  should  be  carefully  exam 
ined,  and  such  guards  thrown  around  it  as  will  most  effectually  secure  the  sanctity 
of  the  ballot-box  and  preserve  it  from  the  taint  of  a  single  illegal  vote.  The 
man  who  will  deliberately  tamper  with  the  elective  franchise  and  dare  to  offer 
an  illegal  vote,  strikes  at  the  foundation  of  justice,  undermines  the  pillars  of 
society,  applies  the  torch  to  the  temple  of  our  liberties,  and  should  receive 
severe  punishment.  As  a  qualification  for  voting,  a  definite  period  of  actual 
inhabitancy  in  the  territory,  to  the  exclusion  of  a  home  elsewhere,  should  be 
rigidly  prescribed  No  man  should  be  permitted  to  vote  upon  a  floating  resi 
dence.  -He  .should  have  resided  within  the  territory  for  a  period  of  not  less 
than  ninety  days,  and  in  the  district  where  he  offers  to  vote  at  least  ten  days 
immediately  preceding  such  election.  All  the  voters  should  be  registered  and 
published  for  a  certain  time  previous  to  the  election.  False  voting  should  be 
severely  punished,  and  false  swearing  to  receive  a  vote  visited  with  the  pains 
and  penalties  of  perjury. 

In  this  connection  your  attention  is  also  invited  to  chapter  92,  entitled 
"  Jurors."  This  chapter  leaves  the  selection  of  jurors  to  the  absolute  discre 
tion  of  the  marshal,  sheriff,  or  constable,  as  the  case  may  be,  and  affords  great 
room  fur  partiality  and  corruption.  The  names  of  all  properly  qualified  citi 
zens,  without  party  distinction,  should  be  thrown  into  a  wheel  or  box,  and  at 
stated  periods,  under  the  order  of  the  courts,  jurors  should  be  publicly  drawn 
by  responsible  persons.  Too  many  safeguards  cannot  be  thrown  around  the 
right  of  trial  by  jury,  in  order  that  it  may  still  continue  to  occupy  that  cher 
ished  place  in  the  affections  of  the  people  so  essential  to  its  preservation  and 
sanctity. 

Some  portions  of  chapter  110,  "  Militia,"  infringes  the  executive  preroga 
tive,  impairs  the  governor's  usefulness,  and  clearly  conflicts  with  the  organic 
act.  This  act  requires  the  executive  to  reside  in  the  territory,  and  makes  him 
"  commander-in-chief  of  the  militia."  This  power  must  be  vested  some  place, 
and  is  always  conferred  upon  the  chief  magistrate.  Section  26  virtually  confers 
this  almost  sovereign  prerogative  "upon  any  commissioned  officer,"  and  per 
mits  him,  "  whenever  and  as  often  as  any  invasion  or  danger  may  come  to  his 
knowledge,  to  order  out  the  militia  or  volunteer  corps,  or  any  part  thereof, 
under  his  command,  for  the  defense  of  the  the  territory,"  &c.;  thus  almost 
giving  "  any  commissioned  officer  "  whatever,  at  his  option,  the  power  to  in 
volve  the  territory  in  war. 

Section  12  provides  for  a  general  militia  training  on  the  first  Monday  of 
October,  the  day  fixed  for  the  general  election.  This  is  wrong,  and  is  well 
calculated  to  incite  to  terrorism.  The  silent  ballots  of  the  people,  unawed  by 
military  display,  should  quietly  and  definitely  determine  all  questions  of  public 
interest. 

The  other  sections  of  the  law,  requiring  the  appointment  of  field  and  com 
missioned  officers,  should  be  repealed.  All  officers  should  derive  their  au 
thority  directly  from  their  respective  commands,  by  election.  To  make  the 
military  system  complete  and  effective,  there  must  be  entire  subordination  and 


GOV.  GEARY'S  MESSAGE.  769 

unity  running  from  the  commander-in-chief  to  the  humblest  soldier,  and  one 
spirit  must  animate  the  entire  system. 

Tlio  122d  chapter,  in  relation  to  "patrols,"  is  unnecessary.  It  renders  all 
other  property  liable  to  heavy  taxation  for  the  protection  of  slave  property ; 
thus  operating  unequally  upon  citizens,  and  is  liable  to  the  odious  charge  of 
being  a  system  of  espionage,  as  it  authorizes  the  patrols,  an  indefinite  number 
of  whom  may  be  appointed,  to  visit  not  only  negro  quarters,  but  "  any  other 
places  "  suspected  of  unlawful  assemblages  of  slaves. 

Chapter  131,  "  Preemption,"  squanders  the  school  fund,  by  appropriating 
the  school  sections  contrary  to  the  organic  act,  which  provides  "that  sections 
numbered  sixteen  and  thirty-six,  in  each  township  in  Kansas  territory,  shall  be, 
and  the  same  are  hereby  reserved  for  the  purpose  of  being  applied  to  schools  in 
said  territory,  and  in  the  states  and  territories  to  be  erected  out  of  the  same ;" 
contravenes  the  United  States  preemption  laws,  which  forbid  trafficking  in 
claims,  and  holding  more  than  one  claim ;  and  directs  the  governor  to  grant 
patents  for  lands  belonging  to  the  United  States,  and  only  conditionally  granted 
to  the  territory.  This  act  is  directly  calculated  to  destroy  the  effect  of  a  mu 
nificent  grant  of  land  by  congress  for  educational  purposes.  The  territory  is 
the  trustee  of  this  valuable  gift,  and  posterity  has  the  right  to  demand  of  us 
that  this  sacred  trust  shall  remain  unimpaired,  in  order  that  the  blessings  of 
free  education  may  be  shed  upon  our  children. 

Every  state  should  have  the  best  educational  system  which  an  intelligent 
government  can  provide.  The  physical,  moral  and  mental  faculties  should  be 
cultivated  in  harmonious  unison,  and  that  system  of  education  is  the  best  which 
will  effect  these  objects.  Congress  has  already  provided  for  the  support  of 
common  schools.  In  addition  to  this,  I  would  recommend  the  legislature  to 
ask  congress  to  donate  land  lying  in  this  territory  for  the  establishment  of  a 
university,  embracing  a  normal,  agricultural  and  mechanical  school.  A  uni 
versity,  thus  endowed,  would  be  a  blessing  to  our  people ;  disseminate  useful 
and  scientific  intelligence ;  provide  competent  teachers  for  our  primary  schools ; 
and  furnish  a  complete  system  of  education  adequate  to  our  wants  in  all  the 
departments  of  life. 

The  subject  of  roads,  bridges  and  highways,  merits  your  especial  attention. 
Nothing  adds  more,  to  comfort,  convenience,  prosperity  and  happiness,  and 
more  greatly  promotes  social  intercourse  and  kind  feeling,  than  easy  and  con 
venient  inter-communication.  Roads  should  be  wide  and  straight,  and  the 
various  rivers  and  ravines  substantially  bridged. 

Railroads  should  be  encouraged ;  and  in  granting  charters,  the  legislature 
should  have  in  view  the  interests  of  the  whole  people.  The  prosperity  of  the 
territory  is  intimately  connected  with  the  early  and  general  construction  of  the 
rapid  and  satisfactory  means  of  transit. 

While  on  the  subject  of  internal  improvement,  I  would  call  to  your  notice 
and  solicit  for  it  your  serious  consideration,  the  opening,  at  the  earliest  period, 
of  a  more  easy  means  of  communication  with  the  seaboard  than  any  we  at 
present  enjoy.  One  great  obstacle  to  our  prosperity  is  the  immense  distance 


770  TBOUBLES  IN  KANSAS. 

of  Kansas  from  all  the  great  maritime  depots  of  the  country  by  any  of  the 
routes  now  traveled.  This  can  be  removed  by  the  construction  of  a  railway, 
commencing  at  an  appropriate  place  in  this  territory,  and  running  southwardly 
through  the  Indian  territory  and  Texas,  to  the  most  eligible  point  on  the  Gulf 
of  Mexico.  The  entire  length  of  such  a  road  would  not  exceed  six  hundred 
miles,  much  less  than  half  the  distance  to  the  Atlantic,  and  at  an  ordinary 
speed  of  railroad  travel  could  be  traversed  in  less  than  twenty-four  hours.  It 
would  pass  through  a  country  remarkable  for  beauty  of  scenery,  fertility  of 
soil  and  salubrity  of  climate,  and  which  has  properly  been  styled  "  the  Eden 
of  the  world ; "  and  would  'open  up  new  sources  of  wealth  superior  to  any  that 
have  yet  been  discovered  on  the  eastern  division  of  the  continent.  It  would 
place  Kansas,  isolated  as  she  now  is,  in  as  favorable  a  position  for  commercial 
enterprises  as  very  many  of  the  most  populous  states  in  the  Union,  and  famish 
her  a  sure,  easy  and  profitable  market  for  her  products,  as  well  as  a  safe,  expe 
ditious  and  economical  means  of  obtaining  all  her  needed  supplies  at  every 
season  of  the  year.  You  will  not  fail  at  once  to  perceive  the  importance  of 
this  suggestion.  Not  only  Kansas  and  Nebraska,  but  the  entire  country 
west  of  the  Mississippi,  will  be  vastly  benefited  by  its  adoption.  The  advan 
tages  to  Texas  would  be  incalculable.  And  should  you  be  favorably  impressed 
with  the  feasibility  of  the  plan,  I  would  advise  that  you  communicate,  in  your 
legislative  capacity,  with  the  legislature  of  that  state,  and  that  also  of  the  ter 
ritory  of  Nebraska,  in  regard  to  the  most  effectual  measures  for  its  speedy  ac 
complishment. 

Chapter  149,  permitting  settlers  to  hold  three  hundred  and  twenty  acres  of 
land,  is  in  violation  of  the  preemption  laws,  and  leads  to  contention  and  liti 
gation. 

Chapter  151,  relating  to  "  slaves,"  attacks  the  equality  which  underlies  the 
theory  of  our  territorial  government ;  and  destroys  the  freedom  of  speech,  and 
the  privileges  of  public  discussion,  so  essential  to  uncloak  error,  and  enable  the 
people  properly  to  mould  their  institutions  in  their  own  way.  The  freedom  of 
speech  and  press,  and  the  right  of  public  discussion  upon  all  matters  affecting 
the  interest  of  the  people,  are  the  great  constitutional  safeguards  of  popular 
rights,  liberty  and  happiness. 

The  act  in  relation  to  a  territorial  library,  makes  the  auditor  ex-officio  libra 
rian,  and  gives  him  authority  to  audit  his  own  accounts.  These  offices  should 
be  distinct,  as  their  duties  conflict. 

The  congressional  appropriation  for  a  territorial  library  has  been  expended 
in  the  purchase  of  a  ver^  valuable  collection  of  books. 

Time  and  space  will  not  permit  me  to  point  cut  all  the  inconsistencies  and 
incongruities  found  in  the  Kansas  statutes.  Passed,  as  they  were,  under  the 
influence  of  excitement,  and  in  too  brief  a  period  to  secure  mature  delibera 
tion,  many  of  them  are  open  to  criticism  and  censure,  and  should  pass  under 
your  careful  revision,  with  a  view  to  modification  or  repeal.  Some  which  hare 
been  most  loudly  complained  of  have  never  been  enforced.  It  is  a  bad  princi 
ple  to  suffer  dead-letter  laws  to  deface  the  statute  book.  It  impairs  salutary 


GOT.  GEARY'S  MESSAGE.  771 

reverence  for  law,  and  excites  in  the  popular  mind  a  questioning  of  all  law, 
which  leads  to  anarchy  and  confusion.  The  best  way  is  to  leave  no  law  on  the 
statute  book  which  is  not  uniformly  and  promptly  to  be  administered  with  the 
authority  and  power  of  the  government. 

In  traveling  through  the  territory,  I  have  discovered  great  anxiety  in  rela 
tion  to  the  damages  sustained  during  the  past  civil  disturbances,  and  every 
where  the  question  has  been  asked  as  to  whom  they  should  look  for  indemnity. 
These  injuries — burning  houses,  plundering  fields,  and  stealing  horses  and  other 
property — have  been  a  fruitful  source  of  irritation  and  trouble,  and  have  im 
poverished  many  good  citizens.  They  cannot  be  considered  as  springing  from 
purely  local  causes,  and  as  such,  the  subjects  of  territorial  redress.  Their  ex 
citing  cause  has  been  outside  of  this  territory,  and  the  agents  in  their  perpe 
tration  have  been  the  citizens  of  nearly  every  state  in  the  Union.  It  has  been 
a  species  of  national  warfare  waged  upon  the  soil  of  Kansas ;  and  it  should 
not  be  forgotten  that  both  parties  were  composed  of  men  rushing  here  from 
various  sections  of  the  Union ;  that  both  committed  acts  which  no  law  can 
justify  ;  and  the  peaceable  citizens  of  Kansas  have  been  the  victims.  In  ad 
justing  the  question  of  damages,  it  appears  proper  that  a  broad  and  compre 
hensive  view  of  the  subject  should  be  taken ;  and  I  have  accordingly  suggested 
to  the  general  government  the  propriety  of  recommending  to  congress  the  pas 
sage  of  an  act  providing  for  the  appointment  of  a  commissioner,  to  take  testi 
mony  and  report  to  congress  for  final  action,  at  as  early  a  day  as  possible. 

There  is  not  a  single  officer  in  the  territory  amenable  to  the  people  or  to  the 
governor ;  all  having  been  appointed  by  the  legislature,  and  holding  their  of 
fices  until  1857.  This  system  of  depriving  the  people  of  the  just  exercise  of 
their  rights,  cannot  be  too  strongly  condemned. 

A  faithful  performance  of  duty  should  be  exacted  from  all  public  officers. 

As  the  executive,  I  desire  that  the  most  cordial  relations  may  exist  between 
myself  and  all  other  departments  of  the  government. 

Homesteads  should  be  held  sacred.  Nothing  so  much  strengthens  a  gov 
ernment  as  giving  its  citizens  a  solid  stake  in  the  country.  I  am  in  favor  of 
assuring  to  every  industrious  citizen  one  hundred  and  sixty  acres  of  land. 

The  money  appropriated  by  congress  for  the  erection  of  our  capitol  has  been 
nearly  expended.  I  have  asked  for  an  additional  appropriation  of  fifty  thou 
sand  dollars,  which  will  scarcely  be  sufficient  to  complete  the  building  upon  the 
plan  adopted  by  the  architect. 

Where  crime  has  been  so  abundant,  the  necessity  for  a  territorial  penitentiary 
is  too  evident  to  require  elaboration,  and  I  have  therefore  suggested  a  congres 
sional  appropriation  for  that  purpose. 

The  Kansas  river,  the  natural  channel  to  the  west,  which  runs  through  a 
valley  of  unparalleled  fertility,  can  be  made  navigable  as  far  as  Fort  Riley,  a 
distance  of  over  one  hundred  miles,  and  congress  should  be  petitioned  for  aid 
to  accomplish  this  laudable  purpose.  Fort  Riley  has  been  built,  at  an  expense 
exceeding  five  hundred  thousand  dollars,  with  the  expectation  that  the  river 


772  TROUBLES  IN  KANSAS. 

was  navigable  to  that  place,  and  doubtless  the  general  government  will  readily 
unite  with  this  territory  to  secure  this  object. 

A  geological  survey,  developing  the  great  mineral  resources  of  this  terri 
tory,  is  so  necessary  as  merely  to  require  notice.  Provision  for  this  useful  work 
should  immediately  be  made. 

The  early  disposal  of  the  public  lands  and  their  settlement  will  materially 
advance  our  substantial  prosperity.  Great  anxiety  prevails  among  the  settlers 
to  secure  titles  to  their  lands  The  facilities  for  this  purpose,  by  but  one  laud- 
office  in  the  territory,  are  inadequate  to  the  public  wants,  and  I  have  conse 
quently  recommended  the  establishment  of  two  or  more  additional  land-offices 
in  such  positions  as  will  best  accommodate  the  people. 

After  mature  consideration,  and  from  a  thorough  conviction  of  its  propriety, 
I  have  suggested  large  congressional  appropriations.  The  coming  immigra 
tion,  attracted  by  our  unrivaled  soil  and  climate,  will  speedily  furnish  the  requi 
site  population  to  make  a  sovereign  state.  Other  territories  have  been  for 
years  the  recipients  of  congressional  bounty,  and  a  similar  amount  of  money 
and  land  bestowed  upon  them  during  a  long  period,  should  at  once  be  given 
to  Kansas,  as,  like  the  Eureka  state,  she  will  spring  into  full  life,  and  the  pros 
perity  of  the  territory,  and  the  welfare  and  protection  of  the  people  coming 
here  from  every  state  of  the  Union,  to  test  anew  the  experiment  of  republican 
government,  require  ample  and  munificent  appropriations. 

As  citizens  of  a  territory,  we  are  peculiarly  and  immediately  under  the  pro 
tecting  influence  of  the  Union,  and,  like  the  inhabitants  of  the  states  compris 
ing  it,  feel  a  lively  interest  in  all  that  concerns  its  welfare  and  prosperity. 
Within  the  last  few  years,  sundry  conflicting  questions  have  been  agitated 
throughout  the  country,  and  discussed  in  a  spirit  calculated  to  impair  confi 
dence  in  its  strength  and  perpetuity,  and  furnish  abundant  cause  for  apprehen 
sion  and  alarm.  These  ^questions  have  mostly  been  of  a  local  or  sectional  char 
acter,  and  as  such  should  never  have  acquired  general  significance  or  import 
ance.  All  American  citizens  should  divest  themselves  of  selfish  considerations 
in  relation  to  public  affairs,  and  in  the  spirit  of  patriotism  make  dispassionate 
inquisition  into  the  causes  which  have  produced  much  alienation  and  bitterness 
among  men  whom  the  highest  considerations  require  should  be  united  in  the 
bonds  of  fraternal  fellowship.  All  Union-loving  men  should  unite  upon  a  plat 
form  of  reason,  equality,  and  patriotism.  All  sectionalism  should  be  annihi 
lated.  All  sections  of  the  Union  should  be  harmonized  under  a  national,  con 
servative  government,  as  during  the  early  days  of  the  republic.  The  value  of 
the  Union  is  beyond  computation,  and  no  respect  is  due  to  those  who  will  even 
dare  to  calculate  its  value.  One  of  our  ablest  statesmen  has  wisely  and  elo 
quently  said,  "  Who  shall  assign  limits  to  the  achievements  of  free  minds  and 
free  hands  under  the  protection  of  this  glorious  Union  ?  No  treason  to  man 
kind  since  the  organization  of  society  would  be  equal  in  atrocity  to  that  of  him 
who  would  lift  his  hand  to  destroy  it.  He  would  overthrow  the  noblest  struc 
ture  of  human  wisdom,  which  protects  himself  and  his  fellow  man.  He  would 
stop  the  progress  of  free  government,  and  involve  his  country  either  in  anarchy 


GOV.  GEARY'S  MESSAGE.  773 

or  despotism.  He  would  extinguish  the  fire  of  liberty  which  warms  and  ani 
mates  the  hearts  of  happy  millions,  and  invites  all  the  nations  of  the  earth  to 
imitate  our  example." 

The  soldier-president,  whose  exploits  in  the  field  were  only  equaled  by  his 
wisdom  in  the  cabinet,  with  that  singular  sagacity  which  has  stamped  with  the 
seal  of  prophecy  all  his  foreshadowings,  has  repudiated,  as  morbid  and  un 
wise,  that  philanthropy  which  looks  to  the  amalgamation  of  the  American  with 
any  inferior  race.  The  white  man,  with  his  intellectual  energy,  far-reaching 
science,  and  indomitable  perseverance,  is  the  peculiar  object  of  my  sympathy, 
and  should  receive  the  especial  protection  and  support  of  government.  In  this 
territory  there  are  numerous  "  Indian  reserves,"  of  magnificent  extent  and 
choice  fertility,  capable  of  sustaining  a  dense  civilized  population,  now  held 
unimproved  by  numerous  Indian  tribes.  These  tribes  are  governed  by  Indian 
agents,  entirely  independent  of  the  executive  of  this  territory,  and  are,  indeed, 
governments  within  a  government.  Frequent  aggressions  upon  these  reserves 
are  occurring,  which  have  produced  collisions  between  the  Indian  agents  and 
the  settlers,  who  appeal  to  me  for  protection.  Seeing  so  much  land  unoccu 
pied  and  unimproved,  these  enterprising  pioneers  naturally  question  the  policy 
which  excludes  them  from  soil  devoted  to  no  useful  or  legitimate  purpose.  Im 
pressed  with  the  conviction  that  the  large  Indian  reserves,  if  permitted  to  re 
main  in  their  present  condition,  cannot  fail  to  exercise  a  blighting  influence  on 
the  prosperity  of  Kansas,  and  result  in  great  injury  to  the  Indians  themselves, 
I  shall  be  pleased  to  unite  with  the  legislature  in  any  measures  deemed  advis 
able,  looking  to  the  speedy  extinguishment  of  the  Indian  title  to  all  surplus 
land  lying  in  this  territory,  so  as  to  throw  it  open  for  settlement  and  improve 
ment. 

For  official  action,  I  know  no  better  rule  than  a  conscientious  conviction  of 
duty — none  more  variable  than  the  vain  attempt  to  conciliate  temporary  preju 
dice.  Principles  and  justice  are  eternal,  and  if  tampered  with,  sooner  or  later 
the  sure  and  indignant  verdict  of  popular  condemnation  against  those  who  are 
untrue  to  their  leadings,  will  be  rendered.  Let  us  not  be  false  to  our  country, 
our  duty,  and  our  constituents.  The  triumph  of  truth  and  principle,  not  of 
partisan  and  selfish  objects,  should  be  our  steady  purpose — the  general  welfare, 
and  not  the  interests  of  the  few,  our  sole  aim.  Let  the  past,  which  few  men 
can  review  with  satisfaction,  be  forgotten.  Let  us  not  deal  in  criminations  and 
recriminations ;  but,  as  far  as  possible,  let  us  make  restitution  and  offer  regrets 
for  past  excesses.  The  dead,  whom  the  madness  of  partisan  fury  has  consign 
ed  to  premature  graves,  cannot  be  recalled  to  life ;  the  insults,  the  outrages, 
the  robberies  and  murders,  "  enough  to  stir  a  fever  in  the  blood  of  age,"  in  this 
world  of  imperfection  and  guilt,  can  never  be  fully  atoned  for  or  justly  pun 
ished.  The  innocent  blood,  however,  shall  not  cry  in  vain  for  redress,  as  we 
are  promised  by  the  great  Executive  of  the  Universe,  whose  power  is  almighty 
and  whose  knowledge  is  perfect,  that  he  "  will  repay." 

"  To  fight  in  a  just  cause  and  for  our  country's  glory,  is  the  best  office  of  the 
best  of  men."  Let  "justice  be  the  laurel"  which  crowns  your  deliberations; 


774  TROUBLES   IN   KANSAS. 

let  your  aims  be  purely  patriotic,  and  your  sole  purpose  the  general  welfare  and 
the  substantial  interests  of  the  whole  people.  If  we  fix  our  steady  gaze  upon 
the  constitution  and  the  organic  act  as  "  the  cloud  by  day  and  the  pillar  of  fire 
by  night,"  our  footsteps  will  never  wander  into  any  unknown  or  forbidden  paths. 
Then  will  this  legislative  assembly  be  as  a  beacon  light,  placed  high  iu  the  pages 
of  our  history,  shedding  its  luminous  and  benign  influence  to  the  most  remote 
generations ;  its  members  will  be  remembered  with  veneration  and  respect  as 
among  the  early  fathers  of  the  magnificent  commonwealth,  which,  in  the  not 
distant  future,  will  overshadow  with  its  protection  a  population  of  freemen  un 
surpassed  by  any  state  in  this  beloved  Union  for  intelligence,  wealth,  religion, 
and  all  the  elements  which  make  and  insure  the  true  greatness  of  a  nation  ;  the 
present  citizens  of  Kansas  will  rejoice  in  the  benefits  conferred  ;  the  mourning 
and  gloom,  which  too  long,  like  a  pall,  have  covered  the  people,  will  be  dis 
persed  by  the  sunshine  of  joy  with  which  they  will  hail  the  advent  of  peace 
founded  upon  justice  ;  we  will  enter  upon  a  career  of  unprecedented  prosper 
ity  ;  good  feeling  and  confidence  will  prevail ;  the  just  rule  of  action  which 
you  are  about  to  establish,  will  be  recognized  ;  the  entire  country,  now  watch 
ing  your  deliberations  with  momentous  interest,  will  award  you  their  enthusi 
astic  applause ;  and  above  and  over  all,  you  will  have  the  sanction  of  your  own 
consciences,  enjoy  self-respect,  and  meet  with  Divine  approbation,  without  which 
all  human  praise  is  worthless  and  unavailing.  JNO.  W.  GEARY. 

Lecompton,  K.  T.,  Jan.  12,  185T. 

One  of  the  first  proceedings  of  the  members  of  this  body  was  to  hold  a  secret 
meeting,  at  which  it  was  resolved,  that  should  any  act  be  vetoed  by  the  gover 
nor,  there  should  be  a  mutual  agreement  to  disregard  the  veto,  and  pass  the 
act  by  a  two-third  vote,  which  was  strictly  adhered  to.  The  governor  attempt 
ed  to  arrest  several  bills  by  his  veto,  but  to  no  purpose.  A  bill  was  passed, 
which  was  intended  as  an  indorsement  of  the  conduct  of  Judge  Lecompte  in 
admitting  the  murderer  Hays  to  bail,  and  giving  to  any  district  judge  authority 
to  bail  all  persons  charged  with  any  crime  whatsoever,  whether  previously  con 
sidered  bailable  or  not.  This  the  governor  vetoed,  giving  his  reasons  as  follows, 
but  the  bill  was  passed  by  an  almost  unanimous  vote  : 

To  the  Council  and  House  of  Representatives  of  Kansas  Territory: 

GENTLEMEN: — The  bill  "  to  authorize  Courts  and  Judges  to  admit  to  bail 
in  certain  cases,"  has  been  carefully  examined,  and  notwithstanding  my  earnest 
desire  to  agree  with  the  legislature,  I  am  compelled  to  return  it  without  ap 
proval,  for  the  following  reasons: 

The  doctrine  that  the  more  certain  the  punishment  of  crime  is  made,  the 
greater  will  be  the  restraints  upon  the  evil  passions  of  wicked  men,  has  been 
established  in  all  civilized  communities,  and  approved  by  the  wisdom  and  ex 
perience  of  every  age  of  the  world  ;  and  had  we  no  other  evidence  of  its  truth, 
more  than  sufficient  has  been  furnished  in  the  disturbances  and  outrages  which 
have  so  recently  occurred  in  the  territory  of  Kansas ;  for  no  one  can  be  insen 
sible  of  the  fact,  that  the  impunity  that  has  here  been  given  to  crime,  has  been 


VETO  MESSAGE.  775 

the  cause  of  many  of  the  offenses  that  have  been  committed.  Had  but  a  few 
of  the  early  agitators,  and  defiauts  of  law,  been  brought  to  punishment,  the 
subsequent  events,  which  every  good  citizen  deplores  and  condems,  would  never 
have  occurred. 

It  is  of  the  utmost  importance  to  the  safety  of  society  that  the  laws  should 
be  rendered  as  stringent,  and  their  execution  as  certain  as  possible ;  especially 
as  regards  the  crime  of  wilful  and  deliberate  murder.  Such  an  offense  should 
be  guarded  against  with  the  utmost  care.  No  door  whatever  should  be  open 
ed  for  the  escape  of  the  criminal.  Once  in  the  hands  of  the  proper  authori 
ties,  he  should  there  be  secured  until  the  ends  of  justice  are  effected.  The 
man  whose  life  has  been  forfeited  to  the  law,  will  stop  at  no  means  within  the 
range  of  human  possibility  to  accomplish  his  escape ;  for  "  what  will  a  man  not 
give  in  exchange  for  his  life  ?" 

The  act  under  consideration  makes  it  comparatively  easy  for  the  most  no 
torious  criminal  to  escape  the  punishment  his  crimes  have  merited.  Any  judge 
of  a  district  court  is  thereby  allowed  to  set  him  at  liberty  on  bail.  The  bill 
does  not  even  establish  the  amount  of  bail  required.  This,  as  well  as  the  pro 
priety  of  bailing,  is  left  to  the  discretion  of  the  court  or  of  the  district  judge. 
Were  the  bill  passed  expressly  to  tamper  with  and  corrupt  the  judiciary,  it 
could  not  have  been  more  effectual.  All  human  beings  are  fallible,  and  it  is  a 
sound  principle  to  throw  in  their  way  to  err,  as  few  temptations  as  possible. 
No  judge,  who  has  a  proper  regard  for  his  own  reputation,  can  desire  the  pass 
age  of  a  law  which  will  render  him  liable  to  invidious  imputations.  If  this 
bill  becomes  a  law,  appeals  will  be  made  to  the  district  judge  to  bail  every  per 
son  charged  with  the  crime  of  murder,  and  the  strongest  inducements  will  be 
offered  to  influence  his  action.  Should  he  refuse  to  accede  to  the  wishes  of  the 
individual  accused,  or  his  importunate  friends,  he  will  subject  himself  to  the 
charge  of  some  unjust  bias ;  while,  on  the  other  hand,  should  he  yield  to  such 
importunities,  he  is  almost  certain  of  being  charged  with  bribery  and  corrupr 
tion  ;  and  violence  towards  himself  might  ensue  in  either  case.  The  judge, 
therefore,  would  prefer  to  avoid  the  additional  responsibility  which  this  bill 
imposes. 

But  apart  from  this,  one  tendency  of  the  act  is  to  corrupt  the  judiciary. 
It  will  not  do  to  affirm  that  this  is  impossible.  It  has  frequently  been  done 
to  such  an  extent  as  to  endanger  the  safety  of  communities,  and  even  incite  to 
anarchy,  with  all  its  fearful  consequences.  The  intention  of  the  laws  have 
been  so  disregarded,  that  the  people,  in  self-defense,  have  repudiated  the 
courts,  and  in  opposition  to  all  legislative  enactments,  have  taken  upon  them 
selves  the  administration  of  justice.  Indeed,  in  every  instance  where  "  lynch 
law  "  has  been  resorted  to,  the  excuse  given  by  the  people  has  been  founded 
on  the  laxity  of  the  courts,  or  the  inefficiency  or  corruption  of  the  judiciary. 

This  want  of  confidence  in  the  authorities  regularly  constituted  for  the 
execution  of  justice  upon  persons  charged  with  heinous  crimes,  produced  those 
terrible  excitements  in  California,  consequent  upon  the  organization  of  the 
memorable  "  Vigilance  Committee." 


778  TROUBLES  IN  KANSAS. 

It  is  to  be  hoped  that  a  similar  condition  of  things  may  never  transpire  in 
Kansas,  though  it  may  well  be  anticipated,  if  murder  is  permitted  by  the  courts 
to  be  perpetrated  with  impunity.  The  murmurings  on  this  subject  are  even 
now  loud  and  almost  universal.  Some  of  our  best  citizens  have  been  stricken 
down  by  the  hand  of  the  assassin,  whose  blood  has  cried  in  vain  upon  the  legal 
tribunals  for  justice.  And  although  many  have  fallen  victims  to  this  atro 
cious  crime,  not  one  of  its  numerous  perpetrators  has  yet  suffered  the  just  pen 
alty  of  the  law.  The  murderer,  his  hands  still  reeking  with  human  gore,  walks 
unmolested  in  our  midst,  laughing  to  scorn  the  laws  which  condemn  him  to  an 
ignominious  death. 

Let  the  law  contemplated  in  this  bill  be  adopted,  and  this  evil,  already  suf 
ficiently  deplorable,  will  be  rendered  far  worse.  The  slight  restraints  now  held 
upon  the  vicious,  will  be  almost  entirely  removed.  No  good  citizens  can  ven 
ture  in  the  streets  or  upon  the  highways,  with  a  proper  feeling  of  security. 
The  personal  safety  of  all  who  are  well  disposed,  will  be  constantly  endanger 
ed.  The  odious  practice  of  bearing  concealed  weapons  for  self-defense  will 
become  general,  and  the  most  disastrous  results  willl  follow.  Every  man,  con 
scious  of  the  uncertainty  of  punishment  by  the  courts,  will  take  the  law  in  hh 
own  hands,  and  the  slayer  of  one  individual  will  fall  a  victim  to  the  retaliatory 
vengeance  of  another.  Or  should  he  be  brought  before  a  judge  or  court,  and 
liberated  upon  bail,  an  offended  people  will  arise  in  their  majesty,  and  prevent 
his  escape  by  the  infliction  of  summary  punishment. 

The  fact  that  bail  has  been  given,  will  have  no  tendency  to  prevent  these 
results ;  for  no  one  can  have  confidence  in  the  security  furnished  by  such  bail 
as  a  deliberate  murderer  can  obtain.  The  person  who  will  step  in  between 
him  and  the  execution  of  justice,  must  himself  be  destitute  of  those  feelings 
and  sentiments  which  will  render  him  worthy  the  confidence  of  peace-loving 
citizens.  Or  even  were  it  otherwise,  and  the  murderer  is  substantially  bailed 
by  a  wealthy  relative  or  friend,  the  only  object  in  the  whole  transaction  is  the 
criminal's  escape ;  for  any  amount  of  property,  under  such  circumstances,  will 
be  forfeited  to  preserve  his  life.  But  in  the  majority  of  the  cases  the  bail  is 
entirely  worthless,  and  its  being  admitted  hy  a  court  or  judge  is  equivalent  to 
the  murderer's  discharge  ;  for  no  one  who  is  conscious  of  a  conviction  that  will 
condemn  him  to  death,  will  ever  present  himself  for  trial.  If  he  has  wealth, 
he  can  purchase  sureties;  and  if  he  has  not,  he  may  obtain  the  aid  of  those  who 
are  worthless,  or  if  possessed  of  the  property  to  which  they  swear,  may  dispose 
of  it  at  pleasure,  and  thus  defraud  the  territory  as  well  as  justice.  Bail-bonds, 
as  now  given,  are  of  little  value  even  in  trivial  cases  ;  for  when  forfeited  the 
amount  is  seldom  collected.  To  make  them  of  any  avail,  a  lien  should  imme 
diately  be  created  on  the  lands  of  the  persons  acknowledging  them,  "  and  the 
execution  issued  by  virtue  of  a  judgment  thereon,  may  rightly  command  the 
taking  and  sale  of  the  lands,  of  which  defendant  was  seized  at  the  time  the 
recognizance  was  acknowledged."  Were  this  rule  of  law  adopted,  there  would 
be  some  value  in  a  bail-bond,  and  fewer  persons  would  be  found  willing  to  ex 
ecute  it.  But  as  the  law  now  rests  in  this  territory,  a  criminal  may  be  bailed 


CENSUS  BILL.  777 

to-day  upon  what  is  apparently  tangible  security,  and  to-mono vv,  both  himself 
and  sureties  dispose  of  all  their  property,  and  unmolested  and  quietly  depart 
to  another  region,  and  thus  the  matter  ends.  In  the  majority  of  instances, 
therefore,  the  taking  of  bail  in  criminal  cases  only  tends  to  defeat  the  ends  of 
justice,  and  in  every  case  of  absolute  premeditated  murder,  where  the  proof  is 
clear,  or  sufficient  to  convict,  is  tatamount  to  an  acquittal  of  the  criminal. 

The  fact  that  we  have  no  sufficient  prisons  for  the  safe-keeping  of  the  mur 
derer,  affords  no  argument  for  the  passage  of  the  bill.  This  want  can  soon  1,9 
supplied,  and  it  will  be  better  far  to  commence  the  work  at  once,  than  to  adopt 
a  law  which  must  remove  the  almost  only  restraint  that  now  exists  upon  mur 
derous  inclinations  and  passions.  There  is  no  necessity  for  deliberate  murder 
ers  to  be  set  free,  on  bail  or  otherwise,  for  want  of  a  prison  to  keep  them  in 
lengthy  confinement.  Frequent  sessions  of  the  courts,  early  trials,  and  speedy 
executions,  will  dispose  of  such  cases,  and  give  to  the  people  confidence  in  the 
judiciary  and  the  laws,  and  a  sense  of  security  of  which  they  have  so  long  been 
deprived. 

Remove  or  weaken  any  one  of  the  safeguards  we  now  possess  against 
criminals  and  crime,  and  the  peace  we  enjoy  must  measurably  be  shaken. 
Hence  it  becomes  a  subject  of  the  utmost  importance,  not  only  to  guard  against 
such  a  result,  but  to  adopt,  if  possible,  laws  which  will  strengthen  the  general 
confidence,  by  making  the  barriers  to  the  escape  of  the  criminal  even  more  firm 
and  impassable. 

Let  it  be  established  and  universally  known,  that  "  though  hand  joined  in 
nand,  the  guilty  shall  not  go  unpunished ;"  that  the  blood-stained  murderer,  once 
in  the  hands  of  the  authorities,  shall  have  no  possibility  or  hope  of  escape ; 
that  he  who  wilfully  and  deliberately  sheds  the  blood  of  his  fellow-man  shall 
surely  suffer  the  penalty  by  which  his  life  is  forfeit,  and  our  laws  will  be  more 
respected,  fewer  crimes  will  be  committed,  and  the  community  will  repose  in 
far  greater  security  and  peace.  JOHN  W.  GEARY. 

Lecompton,  K.  T.,  January  22d,  1857. 

It  was  during  this  session  that  an  attempt  was  made  to  assassinate  the  gov 
ernor,  by  one  Sherrard,  whom  the  governor  had  refused  to  commission  as  a 
sheriff.  A  few  days  after  Sherrard  was  himself  shot  down,  in  a  melee  at  a 
public  meeting  in  Lecompton,  by  a  man  whom  he  had  assaulted. 

The  most  important  act  of  this  legislature  was  the  passage  of  the  "  Census 
Bill."  On  the  part  of  the  free  state  men,  this  bill  was  objected  to  on  the 
ground  that  it  would  deprive  many  citizens  of  the  elective  franchise  who  had 
temporarily  left  the  territory,  and  could  not  return  early  in  March,  as  the  river 
would  not  then  be  navigable. 

It  provides  for  the  taking  of  a  census,  preparatory  to  an  election  to  be  held 
in  June,  1857,  for  delegates  to  a  convention  to  frame  a  state  constitution,  to  be 
presented  to  the  next  congress  for  its  approval.  No  citizen  to  be  allowed  to 
vote  who  was  not  in  the  territory  on  or  before  the  15th  of  March.  "The  cen 
sus-takers  and  judges  of  election  were  the  sheriffs  and  other  officers  appointed 
by  the  pro-slavery  party.  By  this  arrangement,  hundreds  of  free  state  men 
50 


778  TKOUBLES  IN  KANSAS. 

who  had  been  forcibly  driven  from  their  claims  and  homes,  and  who  would  not 
return  so  early  as  the  15th  of  March,  were  disfranchised,  as  well  as  the  thou 
sands  who  would  become  citizens  of  the  territory  before  the  day  of  election. 
Under  these  regulations  the  free  state  party  concluded  to  take  no  part  in  the 
elections.  There  was  a  clause  in  the  bill,  intended  for  their  intimidation,  that 
the  voting  should  be  viva  voce.  Another  feature  of  the  bill  was,  that,  although 
it  was  framed  to  defraud  the  free  state  citizens  of  their  rights,  it  required  them 
to  pay  a  tax  to  assist  in  the  accomplishment  of  the  fraud. 
"Governor  Geary,  before  the  passage  of  the  bill,  sent  for  the  chairmen  of  the 
committees  of  the  two  branches  of  the  legislature,  and  informed  them  that  if 
they  would  consent  to  add  a  clause  referring  the  constitution  that  might  be 
framed  by  the  convention  TO  THE  CITIZENS  OF  THE  TERRITORY  FOR  THEIR  SANC 
TION  OR  REJECTION,  before  its  being  submitted  to  congress,  he  would  waive  all 
other  objections  and  give  it  his  approval.  They  replied  to  him,  that  the  sug 
gestion  had  already  been  fully  discussed,  and  could  not  be  adopted,  as  it  would 
defeat  the  only  object  of  the  act,  which  was  to  secure,  beyond  any  possibil 
ity  of  failure,  the  territory  of  Kansas  to  the  south  as  a  slave  state.  They 
had  already,  in  anticipation  of  the  passage  of  the  bill,  so  apportioned  the  ter 
ritory,  that  the  accomplishment  of  this  grand  object  was  placed  beyond  the 
reach  of  any  contingency.*  The  bill  passed  both  houses,  and  was  sent  to  the 
governor,  who  returned  it  with  the  following  objections: 

GENTLEMEN  OF  THE  COUNCIL  OF  KANSAS  TERRITORY  : 

After  mature  consideration  of  the  bill  entititled  "  an  act  to  provide  for  the 
taking  of  a  census,  and  election  for  delegates  to  convention,"  I  am  constrained 
to  return  the  same  without  my  approval. 

Passing  over  other  objections,  I  desire  to  call  your  serious  attention  to  a 
material  omission  in  the  bill. 

I  refer  to  the  fact  that  the  legislature  has  failed  to  make  any  provision  to 
submit  the  constitution,  when  framed,  to  the  consideration  of  the  people,  for 
their  ratification  or  rejection. 

The  position  that  a  convention  can  do  no  wrong,  and  ought  to  be  invested 
with  sovereign  power,  and  that  its  constituents  have  no  right  to  judge  of  its 
acts,  is  extraordinary  and  untenable. 

The  history  of  state  constitutions,  with  scarcely  an  exception,  will  exhibit 
a  uniform  and  sacred  adherence  to  the  salutary  rule  of  popular  ratification. 

The  practice  of  the  federal  and  state  governments,  in  the  adoption  of  their 
respective  constitutions,  exhibiting  the  wisdom  of  the  past,  will  furnish  us  with 
a  safe  and  reliable  rule  of  action. 

The  federal  constitution  was  first  proposed  by  a  convention  of  delegates 
from  twelve  states,  assembled  in  Philadelphia.  This  constitution  derived  no 
authority  from  the  first  convention.  It  was  submitted  to  the  various  states, 
fully  discussed  in  all  its  features,  and  concurred  in  by  the  people  of  the  states 

*  Dr.  Gihon's  History  of  Kansas. 


CONVENTION  BILL  VETO.  779 

m  convention  assembled ;  and  that  concurrence  armed  it  with  power  and 
invested  it  with  dignity.  Article  seventh  of  the  constitution  makes  the  ratifi 
cation  of  nine  states,  three-fourths  of  the  number  represented  in  the  conven 
tion,  essential  to  its  adoption. 

In  the  adoption,  not  only  of  the  federal  constitution,  but  of  nearly  all  the 
state  constitutions,  the  popular  ratification  was  made  essential ;  and  all  amend 
ments  to  those  of  most  of  the  states  are  required  to  pass  two  legislatures,  and 
then  be  submitted  to  the  people  for  their  approval. 

In  Kentucky,  especially,  all  amendments  to  the  constitution  must  pass  two 
legislatures,  and  for  two  years  be  submitted  to  the  vote  of  the  people,  upon  the 
question  of  convention  or  no  convention,  on  the  specific  amendments  proposed. 

Treaties  made  by  ambassadors  are  not  binding  until  duly  ratified  by  their 
respective  governments,  whose  agents  they  are. 

Members  of  the  legislature  or  of  conventions  are  but  the  agents  of  the  peo 
ple,  who  have  an  inherent  right  to  judge  of  the  acts  of  their  agents,  and  to  con 
demn  or  approve  them,  as  in  their  deliberate  judgment  they  may  deem  proper. 

The  fundamental  law  of  a  commonwealth,  so  inseparably  connected  with 
the  happiness  and  prosperity  of  the  citizens,  cannot  be  too  well  discussed,  and 
nannot  pass  through  too  many  ordeals  of  popular  scrutiny. 

What  delegates  to  conventions  may  do  or  what  omit,  cannot  be  known 
nntil  they  have  assembled  and  developed  their  action.  If  the  whole  power  be 
vested  in  them  without  recourse  over  to  the  people,  there  is  no  guarantee  that 
the  popular  wishes  will  be  fairly  and  fully  expressed. 

Although  the  people  may  have  voted  for  a  convention  to  form  a  state  con 
stitution,  yet  they  have  by  no  just  rule  of  construction  voted  away  the  usual 
and  universal  right  of  ratification. 

Special  instructions,  covering  every  point  arising  in  the  formation  of  a  con 
stitution,  cannot  be  given  in  the  elections  preliminary  to  a  convention ;  and 
it  is,  therefore,  proper  that  the  action  of  the  convention,  necessarily  covering 
new  ground,  should  be  submitted  to  the  people  for  their  consideration. 

The  practical  right  of  the  people  to  ordain  and  establish  governments,  is 
found  in  the  expressive  and  beautiful  preamble  to  the  federal  constitution:  "  We 
the  people,"  &c.,  "do  ordain  and  establish  this  constitution." 

Let  the  constitution  of  Kansas  be  ratified  and  established  by  the  solemn 
vote  of  the  people,  surrounded  by  such  safeguards  as  will  insure  a  fair  and 
unbiased  expression  of  the  actual  bona  fide  citizens,  and  it  will  remain  invi 
olably  fixed  in  the  affections  of  the  people. 

In  his  report  upon  the  Toombs  bill,  its  distinguished  author  thus  logically 
enumerates  the  various  steps  in  the  formation  of  a  constitution  :  "  The  prelim 
inary  meetings ;  the  calling  of  the  convention  ;  the  appointment  of  delegates; 
the  assembling  of  the  convention;  the  formation  of  the  constitution;  the 
voting  on  its  ratification  ;  the  election  of  officers  under  it. " 

In  the  same  report,  the  author  most  justly  remarks  :  "  Whenever  a  consti 
tution  shall  be  formed  in  any  territory,  preparatory  to  its  admission  into  the 
Union  as  a  state,  justice,  the  genius  of  our  institutions,  the  whole  theory  of 


780  TROUBLES   IN   KANSAS. 

f 

our  republican  system,  imperatively  demand  that  the  voice  of  the  people  shall 
be  fairly  expressed,  and  their  will  embodied  in  that  fundamental  law, 
without  fraud  or  violence,  or  intimidation,  or  any  other  improper  or  unlawful 
influence,  and  subject  to  no  other  restrictions  than  those  imposed  by  the  con 
stitution  of  the  United  States." 

The  voice  of  the  people  fairly  expressed,  and  its  embodiment  in  the  funda 
mental  law,  should  be  the  earnest  desire  of  every  citizen  of  a  republic. 

But  how  can  the  voice  of  a  people  be  fairly  expressed,  and  their  will  be 
embodied  in  the  organic  law,  unless  that  law,  when  made,  be  submitted  to  them 
to  determine  whether  it  is  their  will  which  the  convention  has  proclaimed  ? 

The  leading  idea  and  fundamental  principle  of  our  organic  act,  as  expressed 
in  the  law  itself,  was  to  leave  the  actual  bona  fide  inhabitants  of  the  territory 
"  perfectly  free  to  form  and  regulate  their  domestic  institutions  in  their  own 
way."  The  act  confers  almost  unlimited  power  upon  the  people,  and  the  only 
restriction  imposed  upon  its  exercise  is  the  constitution  of  the  United  States. 

The  great  principle,  then,  upon  which  our  free  institutions  rest,  is  the 
unqualified  and  absolute  sovereignty  of  the. people,  and  constituting,  as  that 
principle  does,  the  most  positive  and  essential  feature  in  the  great  charter  of 
our  liberties,  so  it  is  better  calculated  than  any  other  to  give  elevation  to  our 
hopes  and  dignity  to  our  actions.  So  long  as  the  people  feel  that  the  power 
to  alter  the  form  or  change  the  character  of  the  government  abides  in  them,  so 
long  will  they  be  impressed  with  the  sense  of  security  and  dignity  which  must 
ever  spring  from  the  consciousness  that  they  hold  within  their  own  hands  a 
remedy  for  every  political  evil — a  corrective  for  every  governmental  abuse 
and  usurpation. 

"  This  principle  must  be  upheld  and  maintained,  at  all  hazards  and  at  every 
sacrifice — maintained  in  all  the  power  and  fulness — in  all  the  breadth  and  depth 
of  its  utmost  capacity  and  signification.     It  is  not  sufficient  that  it  be  acknowl 
edged  as  a  mere  abstraction,  or  theory,  or  doctrine ;  but  as  a  practical,  sub 
stantial,  living  reality,  vital  in  every  part." 

The  idoa  of  surrendering  the  sovereignty  of  the  territories,  the  common 
property  of  the  people  of  the  several  states,  into  the  hands  of  the  few  who  first 
chanced  to  wander  into  them,  is,  to  me,  a  political  novelty.  Is  it  just  that  the 
territories  should  exercise  the  rights  of  sovereign  states  until  their  condition 
and  numbers  become  such  as  to  entitle  them  to  be  admitted  into  the  Union  on 
an  equality  with  the  original  states  ? 

In  speaking  of  the  proper  construction  of  the  organic  act,  its  distinguished 
author  remarks  :  "  The  act  recognizes  the  rights  of  the  people  thereof,  while  a 
territory,  to  form  and  regulate  their  own  domestic  institutions  in  their  own  way, 
subject  only  to  the  constitution  of  the  United  States,  and  to  be  received  into 
the  Union,  as  soon  as  they  should  attain  the  requisite  number  of  inhabitants, 
on  an  equal  footing  with  the  original  states  in  all  respects  whatever." 

In  the  report  before  alluded  to,  the  author  says  :  "  The  point  upon  which 
your  committee  have  entertained  the  most  serious  and  grave  doubts  in  regard 
to  the  propriety  of  indorsing  this  proposition,  relates  to  the  fact  that,  in  the 


CONVENTION  BILL  VETO.  781 

absence  of  any  census  of  the  inhabitants,  there  is  reason  to  apprehend  that  the 
territory  does  not  contain  sufficient  population  to  entitle  them  to  demand  ad 
mission  under  the  treaty  with  France,  if  we  take  the  ratio  of  representation 
for  a  member  of  congress  as  the  rule." 

In  accordance  with  the  foregoing  views,  I  remarked  in  my  first  message  to 
your  body,  that  "  the  durability  and  imperative  authority  of  a  state  constitu 
tion,  when  the  interests  of  the  people  require  a  state  government,  and  a  di 
rect  popular  vote  is  necessary  to  give  it  sanction  and  effect,  will  be  the  pro 
per  occasion,  once  for  all,  to  decide  the  grave  political  questions  which  under 
lie  a  well-regulated  commonwealth."  And  in  another  portion  of  the  same 
message,  I  said  :  "  Justice  to  the  country  and  the  dictates  of  sound  policy,  re 
quire  that  the  legislature  should  confine  itself  to  such  subjects  as  will  preserve 
the  basis  of  entire  equality ;  and  when  a  sufficient  population  is  here,  and 
they  choose  to  adopt  a  state  government,  that  they  shall  be  'perfectly  free,' 
without  let  or  hindrance,  to  form  all  their  domestic  institutions  in  their  own 
way,  and  to  dictate  that  form  of  government,  which,  in  their  deliberate  judg 
ment,  may  be  deemed  proper." 

The  expressions,  "requisite  number  of  inhabitants,"  "sufficient  population," 
and  others,  of  similar  import,  can  have  no  other  meaning  than  that  given  them 
by  our  leading  statesmen,  and  by  the  common  judgment  of  the  country,  to  wit : 
"the  ratio  of  representation  for  a  member  of  congress." 

The  present  ratio  for  a  member  of  congress  is  93,420  inhabitants.  What, 
then,  is  the  present  population  of  Kansas ;  or  what  will  it  be  on  the  15th  of 
March  next  ?  as  after  that  time,  no  person  arriving  in  the  territory  can  vote 
for  a  member  of  the  convention  under  the  provisions  of  this  bill. 

At  the  last  October  election,  the  whole  vote  polled  for  delegate  to  congress 
was  four  thousand  two  hundred  and  seventy-six  (42 7 6)  ;  while  the  vote  in 
favor  of  a  convention  to  frame  a  state  constitution,  was  but  two  thousand  six 
hundred  and  seventy  (26"70).  ...^ 

It  is  a  well  known  fact,  to  every  person  at  all  conversant  with  the  circum 
stances  attending  the  last  election,  that  the  question  of  a  state  government  en 
tered  but  little  into  the  canvas,  and  the  small  vote  polled  for  a  convention  is 
significantly  indicative  of  the  popular  indifference  on  the  subject. 

No  one  will  claim  that  2670  is  a  majority  of  the  voters  of  this  territory, 
though  it  is  a  majority  of  those  voting,  and  it  is  conceded  that  those  not  vot 
ing  are  bound  by  the  act  of  those  who  did. 

The  bill  under  consideration  seems  to  be  drawn  from  the  bill  known  as  the 
Toombs'  bill ;  but  in  several  respects  it  differs  from  that  bill,  and  in  these  par 
ticulars  it  does  not  furnish  equal  guarantees  for  fairness  and  impartiality.  The 
former  secured  the  appointment  of  five  impartial  commissioners  to  take  and 
correct  the  census,  to  make  a  partial  apportionment  among  the  several  coun 
ties,  and  generally  to  superintend  all  the  preliminaries  so  as  to  secure  a  fair 
election,  while  by  the  present  bill  all  these  important  duties  are  to  be  perform 
ed  by  probate  judges  and  sheriffs,  elected  by  and  owing  allegiance  to  a  party. 
It  differs  in  other  important  particulars.  The  bill  of  Mr.  Toombs  conferred 


782  TROUBLES  IN  KANSAS. 

•> 

valuable  rights  and  privileges  upon  this  territory,  and  provided  means  to  pay 
the  expenses  of  the  convention ;  while  this  bill  does  neither. 

If  we  are  disposed  to  avail  ourselves  of  the  wisdom  of  the  past,  we  will 
pause  some  time  before  we  throw  off  our  territorial  condition,  under  present 
circumstances,  by  the  adoption  of  a  state  government. 

The  state  of  Michigan  remained  a  territory  for  five  years  after  she  had  the 
requisite  population,  and  so  with  other  states  ;  and  when  they  were  admitted, 
they  were  strong  enough  in  all  the  elements  of  material  wealth  to  be  self-sup 
porting.  And  hence  they  knocked  at  the  door  of  the  Union  with  that  manly 
confidence  which  spoke  of  equality  and  self-reliance. 

California  was  admitted  under  peculiar  and  extraordinary  circumstances. 
Her  rich  mines  of  the  precious  metals  attracted  a  teeming  population  to  her 
shores,  and  her  isolated  position  from  the  parent  government,  with  her  super 
abundant  wealth,  at  once  suggested  the  experiment  of  self-government ;  and 
at  the  time  of  her  state  constitution,  ratified  by  the  "vote  of  the  people,  the  pop 
ulation  of  California  entitled  her  to  two  representatives  in  congress. 

I  observe  by  the  message  of  the  governor  of  Minnesota,  that  the  popula 
tion  of  that  thriving  territory  exceeds  180,000.  The  taxable  property  amounts 
to  between  thirty  and  thirty-five  millions  of  dollars.  And  in  view  of  these 
facts,  and  of  the  large  increase  of  agricultural  products,  cash  capital,  etc.,  the 
governor  favors  a  change  from  a  territorial  to  a  state  government.  To  this 
end  he  suggests  that  a  convention  be  called  to  form  a  constitution ;  that  an  act 
be  passed  for  the  taking  of  a  census  in  April,  and  for  such  other  preliminary 
steps  as  are  necessary  ;  and  that  if  the  constitution  be  "ratified  by  the  people" 
at  the  next  October  election,  it  shall  be  presented  to  congress  in  December  fol 
lowing. 

These  facts  furnish  an  additional  argument  why  the  constitution  should  be 
submitted  to  the  people,  as  the  majority,  preferring  a  territorial  government, 
and  thinking  a  state  government  premature,  may  desire  to  avail  themselves  of 
that  opportunity  to  vote  against  any  state  constitution  whatever. 

Burthened  with  heavy  liabilities ;  without  titles  to  our  lands ;  our  public 
buildings  unfinished  ;  our  jails  and  court-houses  not  erected  ;  without  money 
even  to  pay  the  expenses  of  a  convention ;  and  just  emerging  from  the  disas 
trous  effects  of  a  bitter  civil  feud  ;  it  seems  unwise  for  a  few  thousand  people, 
scarcely  sufficient  to  make  a  good  county,  to  discard  the  protecting  and  foster 
ing  care  of  a  government,  ready  to  assist  us  with  her  treasures  and  to  protect 
us  with  her  armies.  JNO.  W.  GEARY, 

Governor  of  Kansas  Territory. 

Notwithstanding  the  veto  of  the  governor,  the  bill  passed  both  branches  of 
the  assembly  by  an  almost  unanimous  vote,  and  without  discussion.  The  pro- 
slavery  party  now  exulted  in  the  certain  prospect  of  making  Kansas  a  slave 
state.  The  time  of  the  meeting  of  the  convention  was  fixed  for  September. 
It  was  stated  to  Gov.  Geary,  as  a  part  of  the  plan,  that  a  constitution  would 
be  framed  in  which  no  reference  would  be  made  to  the  subject  of  slavery ;  but, 


OFFICIAL  CORRESPONDENCE.  783 

says  Dr.  Gihon,  "  the  pretended  merit  of  this  scheme  will  disappear  as  soon  as 
it  is  understood  that  slavery  already  exists  in  the  territory  by  statute  ;  and  al 
though  no  mention  of  it  be  made  in  the  constitution,  it  will  still  remain  an  es 
tablished  institution  of  the  new  state."  The  legislative  assembly  adjourned  on 
the  21st  of  February. 

During  the  sitting  of  this  legislature,  there  were  so  many  disturbances  of 
the  public  peace  in  Lecompton,  that  the  peaceful  citizens  called  upon  the  gov 
ernor  to  send  for  a  detachment  of  the  United  States  troops  to  protect  them. 
A  messenger  was  accordingly  dispatched  to  Fort  Leaven  worth  with  the  follow 
ing  requisition : 

"  EXECUTIVE  DEPARTMENT,  Kansas  Territory, 

"February  9,  18§ 
"  MAJOR-GENERAL  PERSIFER  F.  SMITH, 

"  Commanding  Department  of  the  West : 

"  Dear  Sir :  There  are  certain  persons  present  in  Lecompton,  who  are  de 
termined,  if  within  the  bounds  of  possibility,  to  bring  about  a  breach  of  the 
peace.  During  the  last  few  days,  a  number  of  persons  have  been  grossly  in 
sulted  ;  and  to-day  an  insult  has  been  offered  to  myself.  A  person  named  Sher- 
rard,  who  some  days  ago  had  been  appointed  sheriff  of  Douglas  county,  which 
appointment  was  strongly  protested  against  by  a  respectable  number  of  the 
citizens  of  the  county,  and  I  had  deferred  commissioning  him.  This,  it  ap 
pears,  gave  mortal  offense  to  Sherrard,  and  he  has  made  up  his  mind  to  assas 
sinate  me.  This  may  lead  to  trouble.  It  must  be  prevented,  and  that  by 
immediate  action.  I  require,  therefore,  two  additional  companies  of  dragoons 
to  report  to  me  with  the  least  possible  delay.  /  think  this  is  absolutely  nec 
essary,  and  I  trust  you  will  immediately  comply  with  my  request.  I  write 
in  great  haste,  as  the  messenger  is  about  leaving. 

"  I  wish  you  would  keep  an  eye  upon  Leavenworth  City,  as  I  hear  of  trouble 
some  indications  there.  I  am  confident  that  there  is  a  conspiracy  on  foot  to 
disturb  the  peace,  and  various  pretexts  will  be,  and  have  been  used  to  accom 
plish  this  fell  purpose. 

"  I  am  perfectly  cool,  and  intend  to  keep  so  ;  but  I  am  also  more  vigilant 
than  ever.  Very  truly,  your  friend, 

"JNO.  W.  GEARY." 

Much  to  the  astonishment  of  the  governor,  Gen.  Smith  refused  to  comply 
with  this  requisition,  partly  on  the  ground  that  "  probable  breaches  of  the 
peace  did  not  authorize  the  employment  of  troops,"  and  partly,  that  the  forces 
under  his  command  had  "just  been  designated  by  the  secretary  of  war  for 
other  service." 

When  Gov.  Geary  was  sent  to  Kansas,  he  was  authorized  to  use  the  regular 
forces  "at  his  discretion"  to  "preserve  the  peace,"  and  be  governed  by  "the 
exigencies  of  affairs  as  they  should  be  presented  to  him  on  the  spot." 

Previous  to  this,  the  governor  had  applied  to  the  department  at  Washing 
ton  for  a  draft  of  two  thousand  dollars  to  meet  the  contingent  expenses  of  the 


784  TROUBLES  IN  KANSAS. 

government  of  Kansas.  He  received,  in  reply,  a  statement  that  "  the  presi 
dent  had  no  authority  to  advance  for  the  contingent  expenses  of  the  govern 
ment  of  Kansas  any  amount  whatever." 

It  is  evident  that  the  just  and  equitable  administration  of  Gov.  Geary  re 
ceived  no  approval  at  Washington.  Yet  he  persevered  even  after  the  sword 
and  the  purse  had  been  withdrawn  from  him,  in  maintaining  the  peace  of  the 
territory.  "  It  could  have  been,"  says  Dr.  Gihon,  the  historian  of  Kansas, 
"  nothing  less  than  an  enlarged  patriotism  that  caused  him  to  retain  so  long 
the  most  thankless  and  unprofitable  office  in  the  nation.  For  months  he  had 
labored  for  the  public  good  with  untiring  energy,  not  even  taking  time  for 
needed  rest  and  sleep  ;  deprived  of  all  the  usual  comforts  of  life  ;  occupying  a 
log  house,  and  very  often  unable  to  obtain  wholesome  food ;  vexed  and  har 
assed*  hourly  with  the  complaints  of  an  abused  people ;  constant  drafts  being 
made  by  persons  whom  he  was  compelled  to  employ,  upon  his  pecuniary  re 
sources  ;  required  to  pay  the  militia  called  into  the  service  by  the  president 
himself,  from  his  own  private  funds  ;  every  federal  officer  in  the  territory  con 
spiring  to  embarrass  his  administration ;  his  mails  overhauled  and  their  con 
tents  examined  by  government  officials  ;  surrounded  with  organized  bands  of 
assassins ;  and  without  a  word  of  comfort  or  a  particle  of  aid  from  the  general 
government,  he  still  continued,  with  fidelity,  zeal,  and  unflagging  energy,  to 
discharge  the  arduous  duties  of  his  station." 

Finally,  upon  the  incoming  of  a  new  administration  at  Washington,  Gover 
nor  Geary  forwarded  to  the  new  president  the  following  letter  of  resignation  : 

EXECUTIVE  DEPARTMENT,  K.  T.") 
Lecompton,  March  4,  185T.      ) 

His  EXCELLENCY,  JAMES  BUCHANAN, 

President  of  the  United  States  : 

Dear  Sir:  Please  accept  my  resignation  as  governor  of  Kansas  Territory,  to 
take  effect  on  the  20th  of  the  present  month,  by  which  time  you  will  be  ena 
bled  to  select  and  appoint  a  proper  successor. 

With  high  respect,  your  friend  and  obedient  servant, 

JOHN  W.  GEARY. 

Previous  to  leaving  the  territory,  the  governor  issued  the  following  farewell 
address : 

To  the  People  of  Kansas  Territory  : 

Having  determined  to  resign  the  executive  office,  and  retire  again  to  the 
quiet  scenes  of  private  life  and  the  enjoyment  of  those  domestic  comforts  of 
which  I  have  so  long  been  deprived,  I  deem  it  proper  to  address  you  on  the 
occasion  of  my  departure. 

The  office  from  which  I  now  voluntarily  withdraw,  was  unsought  by  me, 
and  at  the  time  of  its  acceptance  was  by  no  means  desirable.  This  was  quite 
evident,  from  the  deplorable  moral,  civil  and  political  condition  of  the  terri 
tory — the  discord,  contention  and  deadly  strife  which  then  and  there  prevailed ; 
and  the  painful  anxiety  with  which  it  was  regarded  by  patriotic  citizens  in 


GOV.  GEARY  RESIGNS.  785 

every  portion  of  the  American  Union.  To  attempt  to  govern  Kansas  at  such 
a  period  and  under  such  circumstances,  was  to  assume  no  ordinary  responsibili 
ties.  Few  men  could  have  desired  to  undertake  the  task,  and  none  would 
have  been  so  presumptuous,  without  serious  forebodings  as  to  the  result.  That 
I  should  have  hesitated,  is  no  matter  of  astonishment  to  those  acquainted  with 
the  facts ;  but  that  I  accepted  the  appointment,  was  a  well-grounded  source  of 
regret  to  many  of  my  well-tried  friends,  who  looked  upon  the  enterprise  as  one 
that  could  terminate  in  nothing  but  disaster  to  myself.  It  was  not  supposed 
possible  that  order  could  be  brought,  in  any  reasonable  space  of  time,  and  with 
the  means  at  my  command,  from  the  existing  chaos. 

Without  descanting  upon  the  feelings,  principles  and  motives  which 
prompted  me,  suffice  it  to  say,  that  I  accepted  the  president's  tender  of  the 
office  of  governor.  In  doing  so,  I  sacrificed  the  comforts  of  a  home,  endeared 
by  the  strongest  earthly  ties  and  most  sacred  associations,  to  embark  in  an  un 
dertaking  which  presented  at  the  best  but  a  dark  and  unsatisfactory  prospect. 
I  reached  Kansas  and  entered  on  the  discharge  of  my  official  duties  in  the 
most  gloomy  hour  of  her  history.  Desolation  and  ruin  reigned  on  every  hand. 
Homes  and  firesides  were  deserted.  The  smoke  of  burning  dwellings  darkened 
the  atmosphere.  Women  and  children,  driven  from  their  habitations,  wandered 
over  the  prairies  and  through  the  woodlands,  or  sought  refuge  and  protection 
even  among  the  Indian  tribes.  The  highways  were  infested  with  numerous 
predatory  bands,  and  the  towns  were  fortified  and  garrisoned  by  armies  of  con 
flicting  partisans,  each  excited  almost  to  frenzy,  and  determined  upon  mutual 
extermination.  Such  was,  without  exaggeration,  the  condition  of  the  territory 
at  the  period  of  my  arrival.  Her  treasury  was  bankrupt.  There  were  no  pe 
cuniary  resources  within  herself  to  meet  the  exigencies  of  the  time.  The  con 
gressional  appropriations,  intended  to  defray  the  expenses  of  a  year,  were  in 
sufficient  to  meet  the  demands  of  a  fortnight.  The  laws  were  null,  the  courts 
virtually  suspended,  and  the  civil  arm  of  the  government  almost  entirely  pow 
erless.  Action — prompt,  decisive,  energetic  action — was  necessary.  I  at  ouce 
saw  what  was  needed,  and  without  hesitation  gave  myself  to  the  work.  For 
six  months  I  have  labored  with  unceasing  industry.  The  accustomed  and 
needed  "hours  for  sleep  have  been  employed  in  the  public  service.  Night  and 
day  have  official  duties  demanded  unremitting  attention.  I  have  had  no  proper 
leisure  moments  for  rest  or  recreation.  My  health  has  failed  under  the  pres 
sure.  Nor  is  this  all ;  to  my  own  private  purse,  without  assurance  of  reim 
bursement,  have  I  resorted  in  every  emergency  for  the  required  funds.  Wheth 
er  these  arduous  services  and  willing  sacrifices  have  been  beneficial  to  Kansas 
and  my  country,  you  are  abundantly  qualified  to  determine. 

That  I  have  met  with  opposition,  and  even  bitter  vituperation  and  vindictive 
malice,  is  no  matter  for  astonishment.  No  man  has  ever  yet  held  an  important 
or  responsible  post  in  our  own  or  any  other  country  and  escaped  censure.  I 
should  have  been  weak  and  foolish  indeed,  had  I  expected  to  pass  through  the 
fiery  ordeal  entirely  unscathed,  especially  as  I  was  required,  if  not  to  come  in 
conflict  with,  at  least  to  thwart  evil  machinations,  and  hold  in  restraint  wicked 


786  TROUBLES  IN  KANSAS. 

passions,  or  rid  the  territory  of  many  lawless,  reckless  and  desperate  men. 
Beside,  it  were  impossible  to  come  in  contact  with  the  conflicting  interests 
which  governed  the  conduct  of  many  well-disposed  persons,  without  becoming 
an  object  of  mistrust  and  abuse.  While  from  others,  whose  sole  object  was 
notoriously  personal  advancement  at  any  sacrifice  of  the  general  good  and  at 
every  hazard,  it  would  have  been  ridiculous  to  anticipate  the  meed  of  praise 
for  disinterested  action  ;  and  hence,  however  palpable  might  have  been  my 
patriotism,  however  just  my  official  conduct,  or  however  beneficial  its  results,  I 
do  not  marvel  that  my  motives  have  been  impugned  and  my  integrity  maligned. 
It  is,  however,  so  well  known,  that  I  need  scarcely  record  the  fact,  that  those 
who  have  attributed  my  labors  to  a  desire  for  gubernatorial  or  senatorial  hon 
ors,  were  and  are  themselves  the  aspirants  for  those  high  trusts  and  powers, 
and  foolishly  imagined  that  I  stood  between  them  and  the  consummation  of  their 
ambitious  designs  and  high-towering  hopes.  1^4  am 

But  whatever  may  be  thought  or  said  of  my  motives  or  desires,  I  have  the 
proud  consciousness  of  leaving  this  scene  of  my  severe  and  anxious  toil  with 
clean  hands,  and  the  satisfactory  conviction  that  He  who  can  penetrate  the  in 
most  recesses  of  the  heart,  and  read  its  secret  thoughts,  will  approve  my  pur 
poses  and  acts.  In  the  discharge  of  my  executive  functions,  I  have  invariably 
sought  to  do  equal  and  exact  justice  to  all  men,  however  humble  or  exalted. 
I  have  eschewed  all  sectional  disputations,  kept  aloof  from  all  party  affilia 
tions,  and  have  alike  scorned  numerous  threats  of  personal  injury  and  violence, 
and  the  most  flattering  promises  of  advancement  and  reward.  And  I  ask  and 
claim  nothing  more  for  the  part  I  have  acted  than  the  simple  merit  of  having 
endeavored  to  perform  my  duty.  This  I  have  done  at  all  times,  and  upon  every 
occasion,  regardless  of  the  opinions  of  men,  and  utterly  fearless  of  consequen 
ces.  Occasionally  I  have  been  forced  to  assume  great  responsibilities,  and  de 
pend  solely  upon  my  own  resources  to  accomplish  important  ends  ;  but  in  all 
such  instances,  I  have  carefully  examined  surrounding  circumstances,  weighed 
well  the  probable  results,  and  acted  upon  my  own  deliberate  judgment ;  and  in 
now  reviewing  them,  I  am  so  well  satisfied  with  the  policy  uniformly  pursued, 
that  were  it  to  be  done  over  again,  it  should  not  be  changed  in  the  slightest 
particular. 

In  parting  with  you,  I  can  do  no  less  than  give  you  a  few  words  of  kindly 
advice,  and  even  of  friendly  warning.  You  are  well  aware  that  most  of  the 
troubles  which  lately  agitated  the  territory,  were  occasioned  by  men  who  had 
no  especial  interest  in  its  welfare.  Many  of  them  were  not  even  residents  ; 
whilst  it  is  quite  evident  that  others  were  influenced  altogether  in  the  part  they 
took  in  the  disturbances  by  mercenary  or  other  personal  considerations.  The 
great  body  of  the  actual  citizens  are  conservative,  law-abiding  and  peace-loving 
men,  disposed  rather  to  make  sacrifices  for  conciliation  and  consequent  peace, 
than  to  insist  for  their  entire  rights,  should  the  general  good  thereby  be  caused 
to  suffer.  Some  of  them,  under  the  influence  of  the  prevailing  excitement  and 
misguided  opinions,  were  led  to  the  commission  of  grievous  mistakes,  but  not 
with  the  deliberate  intention  of  doing  wrong. 


GOV.  GEARY'S  FAREWELL  ADDRESS.  787 

A  very  few  men,  resolved  upon  mischief,  may  keep  in  a  state  of  unhealthy 
excitement  and  involve  in  fearful  strife  an  entire  community.  This  was  de 
monstrated  during  the  civil  commotions  with  which  the  territory  was  convulsed. 
While  the  people  generally  were  anxious  to  pursue  their  peaceful  callings, 
small  combinations  of  crafty,  scheming  and  designing  men  succeeded,  from 
pure  selfish  motives,  in  bringing  upon  them  a  series  of  most  lamentable  and 
destructive  difficulties.  Nor  are  they  satisfied  with  the  mischief  already  done. 
They  never  desired  that  the  present  peace  should  be  effected ;  nor  do  they  in 
tend  that  it  shall  continue  if  they  have  the  power  to  prevent  it.  In  the  con 
stant  croakiugs  of  disaffected  individuals  in  various  sections,  you  hear  only 
the  expressions  of  evil  desires  and  intentions.  Watch,  then,  with  a  special, 
jealous  and  suspicious  eye  those  who  are  continually  indulging  surmises  of 
renewed  hostilities.  They  are  not  the  friends  of  Kansas,  and  thore  is  reason 
to  fear  that  some  of  them  are  not  only  enemies  of  this  territory  but  of  the 
Union  itself.  Its  dissolution  is  their  ardent  wish,  and  Kansas  has  been  selected 
as  a  fit  place  to  commence  the  accomplishment  of  a  most  nefarious  design. 
The  scheme  has  thus  far  been  frustrated ;  but  it  has  not  been  abandoned.  You 
are  entrusted,  not  only  with  the  guardianship  of  this  territory,  but  the  peace 
of  the  Union,  which  depends  upon  you  in  a  greater  degree  than  you  may  at 
present  suppose. 

You  should,  therefore,  frown  down  every  effort  to  foment  discord,  and 
especially  to  array  settlers  from  different  sections  of  the  Union  in  hostility 
against  each  other.  All  true  patriots,  whether  from  the  north  or  south,  the 
east  or  west,  should  unite  together  for  that  which  is  and  must  be  regarded  as  a 
common  cause,  the  preservation  of  the  Union  ;  and  he  who  shall  whisper  a  desire 
for  its  dissolution,  no  matter  what  may  be  his  pretensions,  or  to  what  faction 
or  party  he  claims  to  belong,  is  unworthy  of  your  confidence,  deserves  your 
strongest  reprobation,  and  should  be  branded  as  a  traitor  to  his  country. 
There  is  a  voice  crying  from  the  grave  of  one  whose  memory  is  dearly  cherish 
ed  in  every  patriotic  heart,  and  let  it  not  cry  in  vain.  It  tells  you  that  this 
attempt  at  dissolution  is  no  new  thing ;  but  that,  even  as  early  as  the  days  of 
our  first  president,  it  was  agitated  by  ambitious  aspirants  for  place  and  power. 
And  if  the  appeal  of  a  still  more  recent  hero  and  patriot  was  needed  in  his 
time,  how  much  more  applicable  is  it  now,  and  in  this  territory ! 

" The  possible  dissolution  of  the  Union,"  he  says,  "has  at  length  become  an 
ordinary  and  familiar  subject  of  discusion.  Has  the  warning  voice  of  Wash 
ington  been  forgotten  ?  or  have  designs  already  been  formed  to  sever  the 
Union  ?  Let  it  not  be  supposed  that  I  impute  to  all  of  those  who  have  taken 
an  active  part  in  these  unwise  and  unprofitable  discussions,  a  want  of  patriot 
ism  or  of  public  virtue.  The  honorable  feelings  of  state  pride  and  local 
attachments  find  a  place  in  the  bosoms  of  the  most  enlightened  and  pure.  But 
while  such  men  are  conscious  of  their  own  integrity  and  honesty  of  purpose, 
they  ought  never  to  forget  that  the  citizens  of  other  states  are  their  political 
brethren ;  and  that,  however  mistaken  they  may  be  in  their  views,  the  great 
lody  of  them  are  equally  honest  and  upright  with  themselves.  Mutual  suspi- 


788  AFFAIRS  OF  KANSAS. 

cious  and  reproaches  may,  in  time,  create  mutual  hostility,  and  artful  and 
designing  men  will  always  be  found  who  are  ready  to  foment  these  fatal  divis 
ions,  and  to  inflame  the  natural  jealousies  of  different  sections  of  the  country. 
The  history  of  the  world  is  full  of  such  examples,  and  especially  the  history  of 
republics. " 

When  I  look  upon  the  present  condition  of  the  territory,  and  contrast  it 
with  what  it  was  when  I  first  entered  it,  I  feel  satisfied  that  my  administration 
Juis  not  been  prejudicial  to  its  interests.  On  every  hand,  I  now  perceive  unmis 
takable  indications  of  welfare  and  prosperity.  The  honest  settler  occupies  his 
quiet  dwelling,  with  his  wife  and  children  clustering  around  him,  unmolested, 
and  fearless  of  danger.  The  solitary  traveler  pursues  his  way  unharmed  over 
every  public  thoroughfare.  The  torch  of  the  incendiary  has  been  extinguished, 
and  the  cabins  which  were  destroyed,  have  been  replaced  by  more  substantial 
buildings.  Hordes  of  banditti  no  longer  lie  in  wait  in  every  ravine  for  plunder 
and  assassination.  Invasions  of  hostile  armies  have  ceased,  and  infuriated 
partisans,  living  in  our  midst,  have  emphatically  turned  their  swords  into 
plowshares,  and  their  spears  into  pruning-hooks.  Laborers  are  everywhere 
at  work — farms  are  undergoing  rapid  improvements — merchants  are  driving  a 
thriving  trade,  and  mechanics  pursuing  with  profit  their  various  occupations. 
Real  estate,  in  town  and  country,  has  increased  in  value  almost  without  prece 
dent,  until  in  some  places  it  is  commanding  prices  that  never  could  have  been 
anticipated.  Whether  this  healthy  and  happy  change  is  the  result  solely  of  my 
executive  labors,  or  not,  it  certainly  has  occurred  during  my  administration. 
Upon  yourselves  must  mainly  depend  the  preservation  and  perpetuity  of  the 
present  prosperous  condition  of  affairs.  Guard  it  with  unceasing  vigilance, 
and  protect  it  as  you  would  your  lives.  Keep  down  that  party  spirit,  which, 
if  permitted  to  obtain  the  mastery,  must  lead  to  desolation.  Watch  closely, 
and  condemn  in  its  infancy,  every  insidious  movement  that  can  possibly  tend  to 
discord  and  disunion.  Suffer  no  local  prejudices  to  disturb  the  prevailing  har 
mony.  To  every  appeal  to  these,  turn  a  deaf  ear,  as  did  the  Savior  of  men 
to  the  promptings  of  the  deceiver.  Act  as  a  united  band  of  brothers,  bound 
together  by  one  common  tie.  Your  interests  are  the  same,  and  by  this  course 
alone  can  they  be  maintained.  Follow  this,  and  your  hearts  and  homes  will  be 
made  light  and  happy  by  the  richest  blessings  of  a  kind  and  munificent  Provi 
dence. 

To  you,  the  peaceable  citizens  of  Kansas,  I  owe  my  grateful  acknowledg 
ments  for  the  aid  and  comfort  your  kind  assurances  and  hearty  cooperation 
have  afforded  in  many  dark  and  trying  hours.  You  have  my  sincerest  thanks, 
and  my  earnest  prayers  that  you  may  be  abundantly  rewarded  of  heaven. 

To  the  ladies  of  the  territory — the  wives,  mothers,  sisters  and  daughters 
ot  the  honest  settlers — I  am  also  under  a  weight  of  obligation.  Their  pious 
prayers  have  not  been  raised  in  vain,  nor  their  numerous  assurances  of  confi 
dence  in  the  policy  of  my  administration  failed  to  exert  a  salutary  influence. 

And  last,  though  not  the  least,  I  must  not  be  unmindful  of  the  noble  men 
who  form  the  military  department  of  the  west.  To  Gen.  Persifer  F.  Smith, 


THE  APPORTIONMENT.  789 

and  the  officers  acting  under  his  command,  I  return  my  thanks  for  many  vula- 
able  services.  Although  from  different  parts  of  the  Union,  and  naturally  im 
bued  with  sectional  prejudices,  I  know  of  no  instance  in  which  such  prejudices 
have  been  permitted  to  stand  in  the  way  of  a  faithful,  ready,  cheerful  and  ener 
getic  discharge  of  duty.  Their  conduct  in  this  respect  is  worthy  of  universal 
commendation,  and  presents  a  bright  example  for  those  executing  the  civil 
power.  The  good  behavior  of  all  the  soldiers  who  were  called  upon  to  assist 
me,  is,  in  fact,  deserving  of  especial  notice.  Many  of  these  troops,  officers 
and  men,  had  served  with  me  on  the  fields  of  Mexico  against  a  foreign  foe, 
and  it  is  a  source  of  no  little  satisfaction  to  know  that  the  laurels  there  won 
have  been  further  adorned  by  the  praiseworthy  alacrity  with  which  they  aided 
to  allay  a  destructive  fratricidal  strife  at  home. 

With  a  firm  reliance  in  the  protecting  care  and  overruling  providence  of 
that  Great  Being  who  holds  in  -his  hand  the  destinies  alike  of  men  and  of 
nations,  I  bid  farewell  to  Kansas  and  her  people,  trusting  that  whatever  events 
may  hereafter  befall  them,  they  will,  in  the  exercise  of  His  wisdom,  goodness 
and  power,  be  so  directed  as  to  promote  their  own  best  interest  and  that  of  the 
beloved  country  of  which  they  are  destined  to  form  a  most  important  part. 

JNO.  W.  GEARY. 

Lecompton,  March  10,  1857. 

i".'~  -•».'   «          '  •"'-"     t:    ?£••  '  ,#>"'?"*"•••••«'?•  ,*.   »'jrVf-  ;  /    '•"•T;*'"-W': 

The  Hon.  Robert  J.  Walker,  of  Mississippi,  was  appointed  successor  to 
Governor  Geary,  and  Frederick  P.  Stanton  was  appointed  Secretary.  Stanton 
proceeded  to  Kansas  as  acting  governor,  aud  immediately  issued  an  address, 
the  main  features  of  which  were  afterwards  incorporated  in  the  inaugural  of 
Governor  Walker.  The  first  official  act  of  the  secretary  was  to  make  an  ap 
portionment  of  delegates  to  the  convention  to  frame  a  state  constitution.  In 
regard  to  this  apportionment  it  is  stated,  that  "  out  of  thirty-six  counties,  as 
organized  by  the  authorities,  only  twenty-one  have  even  a  nominal  representa 
tion.  The  census  has  only  been  taken  in  ten  of  these,  and  in  only  some  por 
tions  of  these  ten.  In  six  of  these  twenty-one  counties  thus  reported,  no  cen 
sus  was  taken,  but  a  list  of  voters  was  taken  from  their  old  poll-books ;  this 
having  been  done  after  the  time  for  taking  the  census  had  expired.  The  other 
five  are  counties  forming  parts  of  districts  which  are  mentioned  because  they 
are  connected  with  others ;  but  in  these  no  census  was  taken,  and  no  former 
vote  or  representation  on  account  of  former  vote,  has  been  allowed.  By  this 
apportionment  three-fifths  of  the  settled  counties  of  the  territory  are  allowed  no 
representation.  In  these  there  are  at  least  two-fifths  of  the  people  in  the  whole 
territory,  and  including  the  emigration  of  this  spring,  one-half. 

"  There  are  twenty  counties  to  the  south  of  the  Kansas  river,  lying  in  a  great 
solH  mass,  and  filled  with  free  state  towns  and  settlements,  teeming  with  active 
life  and  industry ;  in  one-half  of  them  the  great  majority  of  claims  are  taken, 
and  all  are  about  as  well  settled  as  the  majority  of  counties  in  most  of  the 
weetern  states,  and  the  whole  of  these  are  left  without  a  particle  of  r^presen  • 
tat' -MI  by  this  proclamation." 


790  AFFAIRS  OF  KANSAS. 

Governor  "Walker  reached  Kansas  on  the  25th  of  May,  and  a  few  days  after 
he  issued  his  inaugural  address  at  Lecompton.  This  document  was  intended 
to  conciliate  both  political  parties. 

GOVERNOR  WALKER'S  INAUGURAL. 

FELLOW- CITIZENS  OF  KANSAS  :  At  the  earnest  request  of  the  president 
of  the  United  States,  I  have  accepted  the  position  of  governor  of  the  ter 
ritory  of  Kansas.  The  president,  with  the  cordial  concurrence  of  all  his  cabinet, 
expressed  to  me  the  conviction  that  the  condition  of  Kansas  was  fraught  with 
imminent  peril  to  the  Union,  and  asked  me  to  undertake  the  settlement  of  that 
momentous  question,  which  has  introduced  discord  and  civil  war  throughout 
your  borders,  and  threatens  to  involve  you  and  our  country  in  the  same  com 
mon  ruin.  This  was  a  duty  thus  presented,  the  performance  of  which  I  could 
not  decline  consistently  with  my  view  of  the  sacred  obligation  which  every 
citizen  owes  to  his  country. 

The  mode  of  adjustment  is  provided  in  the  act  organizing  your  territory — 
namely,  by  the  people  of  Kansas,  who,  by  a  majority  of  their  own  votes,  must 
decide  this  question  for  themselves  in  forming  their  state  constitution. 

Under  our  practice,  the  preliminary  act  of  framing  a  state  constitution  is 
uniformly  performed  through  the  instrumentality  of  a  convention  of  delegates 
chosen  by  the  people  themselves.  That  convention  is  now  about  to  be 
elected  by  you  under  the  call  of  the  territorial  legislature,  created  and  still  re 
cognized  by  the  authority  of  congress,  and  clothed  by  it,  in  the  comprehensive 
language  of  the  organic  law,  with  full  power  to  make  such  an  enactment. 
The  territorial  legislature,  then,  in  assembling  this  convention,  were  fully  sus 
tained  by  the  act  of  congress,  and  the  authority  of  the  convention  is  distinctly 
recognized  in  my  instructions  from  the  President  of  the  United  States.  Those 
who  oppose  this  course  cannot  aver  the  alleged  irregularity  of  the  territorial 
legislature,  whose  laws  in  town  and  city  elections,  in  corporate  franchises,  and 
on  all  other  subjects  but  slavery,  they  acknowledge  by  their  votes  and  ac 
quiescence.  If  that  legislature  was  invalid,  then  are  we  without  law  or  order 
in  Kansas ;  without  town,  city,  or  county  organization  ;  all  legal  and  judicial 
transactions  are  void,  all  titles  null,  and  anarchy  reigns  throughout  our 
borders. 

It  is  my  duty,  in  seeing  that  all  constitutional  laws  are  executed,  to  take 
care,  as  far  as  practicable,  that  this  election  of  delegates  to  the  convention 
shall  be  free  from  fraud  or  violence,  and  that  they  shall  be  protected  in  their 
deliberations. 

The  people  of  Kansas,  then,  are  invited  by  the  highest  authority  known  to 
the  constitution  to  participate  freely  and  fairly  in  the  election  of  delegates  to 
frame  a  constitution  and  state  government.  The  law  has  performed  its  entire 
appropriate  function  when  it  extends  to  the  people  the  right  of  suffrage,  but  it 
cannot  compel  the  performance  of  that  duty.  Throughout  our  whole  union, 
however,  and  wherever  free  government  prevails,  those  who  abstain  from  the 
exercise  of  the  right  of  suffrage  authorize  those  who  do  vote  to  act  for  them  in 


GOV.  WALKER'S  INAUGURAL.  791 

that  contingency,  and  the  absentees  are  as  much  bound  under  the  law  and  the 
constitution,  where  there  is  no  fraud  or  violence,  by  the  act  of  the  majority 
of  those  who  do  vote,  as  although  all  had  participated  in  the  election.  Other 
wise,  as  voting  must  be  voluntary,  self-government  would  be  impracticable, 
and  monarchy  or  despotism  would  remain  as  the  only  alternative. 

You  should  not  console  yourselves,  my  fellow-citizens,  with  the  reflection 
that  you  may,  by  a  subsequent  vote,  defeat  the  ratification  of  the  constitution. 
Although  most  anxious  to  secure  to  you  the  exercise  of  that  great  consti 
tutional  right,  and  believing  that  the  convention  is  the  servant,  and  not  the 
master  of  the  people,  yet  I  have  no  power  to  dictate  proceedings  to  that  body. 
I  cannot  doubt,  however,  the  course  they  will  adopt  on  this  subject.  But  why 
incur  the  hazard  of  the  preliminary  formation  of  a  constitution  by  a  minority, 
as  alleged  by  you,  when  a  majority,  by  their  own  votes,  could  control  the 
forming  of  that  instrument  ? 

But  it  is  said  that  the  convention  is  not  legally  called,  and  that  the  election 
will  not  be  freely  and  fairly  conducted.  Thp  territorial  legislature  is  the  power 
ordained  for  this  purpose  by  the  congress  of  the  United  States ;  and  in  oppos 
ing  it  you  resist  the  authority  of  the  federal  government.  That  legislature 
was  called  into  being  by  the  congress  of  1854,  and  is  recognized  in  the  very 
latest  congressional  legislation.  It  is  recognized  by  the  present  chief  magis 
trate  of  the  Union,  just  chosen  by  the  American  people,  and  many  of  its  acts 
are  now  in  operation  here  by  universal  assent.  As  the  governor  of  the  terri 
tory  of  Kansas,  I  must  support  the  laws  and  the  constitution  ;  and  I  have  no 
other  alternative  under  my  oath  but  to  see  that  all  constitutional  laws  are  fully 
and  fairly  executed. 

I  see  in  this  act,  calling  the  convention,  no  improper  or  unconstitutional  re 
strictions  upon  the  right  of  suffrage.  I  see  in  it  no  test-oath  or  other  similar 
provisions  objected  to  in  relation  to  previous  laws,  but  clearly  repealed  as  re 
pugnant  to  the  provisions  of  this  act,  so  far  as  regards  the  election  of  delegates 
to  this  convention.  It  is  said  that  a  fair  and  full  vote  will  not  be  taken.  Who 
can  safely  predict  such  a  result  ?  Nor  is  it  just  for  a  majority,  as  they  allege, 
to  throw  the  power  into  the  hands  of  a  minority,  from  a  mere  apprehension — 
I  trust  entirely  unfounded — that  they  will  not  be  permitted  to  exercise  the  right 
of  suffrage.  If,  by  fraud  or  violence,  a  majority  should  not  be  permitted  to 
vote,  there  is  a  remedy,  it  is  hoped,  in  the  wisdom  and  justice  of  the  conven 
tion  itself,  acting  under  the  obligations  of  an  oath,  and  a  proper  responsibility 
to  the  tribunal  of  public  opinion.  There  is  a  remedy,  also,  if  such  facts  can 
be  demonstrated,  in  the  refusal  of  congress  to  admit  a  state  into  the  union 
under  a  constitution  imposed  by  a  minority  upon  a  majority  by  fraud  or  violence. 
Indeed,  I  cannot  doubt  that  the  convention,  after  having  framed  a  state  con 
stitution,  will  submit  it  for  ratification  or  rejection,  by  a  majority  of  the  then 
actual  bona  fide  resident  settlers  of  Kansas. 

With  these  views,  well  known  to  the  president  and  cabinet,  and  approved  by 
them,  I  accepted  the  appointment  of  governor  of  Kansas.  My  instructions 
from  the  president,  through  the  secretary  of  state,  under  date  of  the  30th  of 

t 


792  AFFAIRS  OF  KANSAS. 

March  last,  sustain  "  the  regular  legislature  of  the  territory  "  in  "  assembling  a 
convention  to  form  a  constitution ;"  and  they  express  the  opinion  of  the  presi 
dent  that  "  when  such  a  constitution  shall  be  submitted  to  the  people  of  the 
territory,  they  must  be  protected  in  the  exercise  of  their  right  of  voting  for  or 
or  against  that  instrument ;  and  the  fair  expression  of  the  popular  will  must 
not  be  interrupted  by  fraud  or  violence." 

I  repeat,  then,  as  my  clear  conviction,  that  unless  the  convention  submit  the 
constitution  to  the  vote  of  all  the  actual  resident  settlers  of  Kansas,  and 
the  election  be  fairly  and  justly  conducted,  the  constitution  will  be,  and 
ought  to  be,  rejected  by  congress. 

There  are  other  important  reasons  why  you  should  participate  in  the  elec 
tion  of  delegates  to  this  convention.  Kansas  is  to  become  a  new  state,  created 
out  of  the  public  domain,  and  will  designate  her  boundaries  in  the  fundamental 
law.  To  most  of  the  land  within  her  limits  the  Indian  title,  unfortunately,  is 
not  yet  extinguished,  and  this  land  is  exempt  from  settlement,  to  the  grievous 
injury  of  the  people  of  the  state.  Having  passed  many  years  of  my  life  in  a 
new  state,  and  represented  it  for  a  long  period  in  the  senate  of  the  United 
States,  I  know  the  serious  incumbrance  arising  from  large  bodies  of  lands 
within  a  state  to  which  the  Indian  title  is  not  extinguished.  Upon  this  sub 
ject  the  convention  may  act  by  such  just  and  constitutional  provisions  as  will 
accelerate  the  extinguishment  of  Indian  title. 

There  is,  furthermore,  the  question  of  railroad  grants  made  by  congress  to 
all  the  new  states  but  one,  (where  the  routes  could  not  be  agreed  upon,)  and 
within  a  few  months  past,  to  the  flourishing  territory  of  Minnesota.  This  mu 
nificent  grant  of  four  millions  and  a  half  of  acres  was  made  to  Minnesota, 
even  in  advance  of  her  becoming  a  state,  under  the  auspices  of  her  present 
distinguished  executive,  and  will  enable  our  sister  state  of  the  northwest 
speedily  to  unite  her  railroad  system  with  ours. 

Kansas  is  undoubtedly  entitled  to  grants  similar  to  those  just  made  to  Min 
nesota,  and  upon  this  question  the  convention  may  take  important  action. 

These,  recollect,  are  grants  by  congress,  not  to  companies,  but  to  states. 
Now,  if  Kansas,  like  the  state  of  Illinois,  in  granting  hereafter  these  lands  to 
companies  to  build  these  roads,  should  reserve,  at  least,  the  seven  per  cent,  of 
their  gross  annual  receipts,  it  is  quite  certain  that  so  soon  as  these  roads  are 
constructed,  such  will  be  the  large  payments  into  the  treasury  of  our  state  that 
there  will  be  no  necessity  to  impose  in  Kansas  any  state  tax  whatever,  es 
pecially  if  the  constitution  should  contain  wise  provisions  against  the  creation 
of  state  debts. 

The  grant  to  the  state  of  Illinois  for  the  Illinois  Central  Railroad,  passed 
under  the  wise  and  patriotic  auspices  of  her  distinguished  senator,  was  made 
before  the  pernicious  system  lately  exposed  in  Washington  had  invaded  the 
halls  of  congress ;  and,  therefore,  that  state,  unlike  most  others  which  obtained 
recent  grants,  was  enabled  to  make  the  great  reservation  for  the  benefit  of  the 
state.  This  constitutes  of  itself  a  conclusive  reason  why  these  railroad  grants 
should  be  reserved  in  the  ordinance  accompanying  our  state  constitutions,  so 


GOV.  WALKER'S  INAUGURAL.  793 

that  our  state  might  have  the  whole  benefit  of  the  grant,  instead  of  large  por 
tions  being  given  to  agents  appointed  to  obtain  these  grants  by  companies 
substantially  in  many  cases  for  their  own  benefit,  although  in  the  name  of  the 
state. 

There  is  another  reason  why  these  railroad  grants  should  thus  be  reserved 
in  our  ordinance. 

It  is  to  secure  these  lands  to  the  state  before  large  bodies  of  them  are  en 
grossed  by  speculators,  especially  along  the  contemplated  lines  of  railroads. 
In  no  case  should  these  reservations  interfere  with  the  preemption  rights  re 
served  to  settlers,  or  with  school  sections.  > 

These  grants  to  states,  as  is  proved  by  the  official  documents,  have  greatly 
augmented  the  proceeds  of  the  sales  of  the  public  lands,  increasing  their  value, 
accelerating  their  sale  and  settlement,  and  bringing  enhanced  prices  to  the 
government,  whilst  greatly  benefiting  the  lands  of  the  settler  by  furnishing 
him  new  markets  and  diminished  cost  of  transportation.  On  this  subject,  Mr. 
Buchanan,  always  the  friend  of  the  new  states,  in  his  recent  inaugural,  uses 
the  following  language : 

"  No  nation  in  the  tide  of  time  has  ever  been  blessed  with  so  rich  and  noble 
an  inheritance  as  we  enjoy  in  the  public  lands.  In  administering  this  impor 
tant  trust,  whilst  it  may  be  wise  to  grant  portions  of  them  for  improvement  of 
the  remainder,  yet  we  should  never  forget  that  it  is  our  cardinal  policy  to  re 
serve  the  lands  as  much  as  may  be  for  actual  settlers ;  and  this  at  moderate 
prices.  We  shall  thus  not  only  best  promote  the  prosperity  of  the  new  states 
by  furnishing  them  a  hardy  and  independent  race  of  honest  and  industrious 
citizens,  but  shall  secure  homes  for  our  children  and  our  children's  children, 
as  well  as  those  exiled  from  foreign  shores,  who  may  seek  in  this  country  to 
improve  their  condition  and  enjoy  the  blessings  of  civil  and  religious  liberty." 

Our  American  railoads,  now  exceeding  twenty-four  thousand  miles  comple 
ted,  have  greatly  advanced  the  power,  prosperity,  and  progress  of  the  country, 
whilst  linking  it  together  in  bonds  of  ever-increasing  commerce  and  intercourse, 
and  tending  by  these  results,  to  soften  or  extinguish  sectional  passions  and 
prejudice,  and  thus  perpetuate  the  union  of  the  states.  This  system  it  is 
clearly  the  interest  of  the  whole  country  shall  progress  until  the  states  west  of 
the  Mississippi  shall  be  intersected,  like  those  east  of  that  river,  by  a  network 
of  railroads,  until  the  whole,  at  various  points,  shall  reach  the  shores  of  the 
Pacific.  The  policy  of  such  grants  by  congress  is  now  clearly  established  ; 
and  whatever  doubts  may  have  prevailed  in  the  minds  of  a  few  persons  as  to 
the  constitutionality  of  such  grants,  when  based  only  upon  the  transfer  of  a 
portion  of  the  public  domain,  in  the  language  of  the  inaugural  of  the  presi 
dent,  "for  the  improvement  of  the  remainder,"  yet  when  they  are  made,  as 
now  proposed  in  the  ordinance  accompanying  our  constitution,  in  consideration 
of  our  relinquishing  the  right  to  tax  the  public  lands,  such  grants  become,  in 
fact,  sales  for  ample  equivalents,  and  their  constitutionality  is  placed  beyond 
all  doubt  or  controversy.  For  this  reason,  also,  and  in  order  that  these  grants 
may  be  made  for  ample  equivalents,  and  upon  grounds  of  clear,  constitutional 
51 


794  AFFAIRS  OF  KANSAS. 

authority,  it  is  most  wise  that  they  should  be  included  in  our  ordinance,  and 
take  effect  by  compact  when  the  state  is  admitted  into  the  Union.  If  my  will 
could  have  prevailed  as  regards  the  public  lands,  as  indicated  in  my  public 
career,  and  especially  in  the  bill  presented  by  me,  as  chairman  of  the  committee 
on  public  lands,  to  the  senate  of  the  United  States,  which  passed  that  body, 
but  failed  in  the  house,  I  would  authorize  no  sales  of  these  lands  except  for 
settlement  and  cultivation,  reserving  not  merely  a  preemption,  but  a  home 
stead  of  a  quarter-section  of  land  in  favor  of  every  actual  settler,  whether 
coming  from  other  states  or  emigrating  from  Europe.  Great  and  populous 
states  would  thus  rapidly  be  added  to  the  confederacy,  until  we  should  soon 
have  one  unbroken  line  of  states  from  the  Atlantic  to  the  Pacific,  giving  im 
mense  additional  power  and  security  to  the  Union,  and  facilitating  intercourse 
between  all  its  parts.  This  would  be  alike  beneficial  to  the  old  and  to  the  new 
states.  To  the  working-men  of  the  old  states,  as  well  as  of  the  new,  it  would 
be  of  incalculable  advantage,  not  merely  by  affording  them  a  home  in  the  west, 
but  by  maintaining  the  wages  of  labor,  by  enabling  the  working  classes  to  em 
igrate  and  become  cultivators  of  the  soil,  when  the  rewards  of  daily  toil  should 
sink  below  a  fair  remuneration.  Every  new  state,  besides,  adds  to  the  custom 
ers  of  the  old  states,  consuming  their  manufactures,  employing  their  mer 
chants,  giving  business  to  their  vessels  and  canals,  their  railroads  and  cities, 
and  a  powerful  impulse  to  their  industry  and  prosperity.  Indeed,  it  is  the 
growth  of  the  mighty  west  which  has  added,  more  than  all  other  causes  com 
bined,  to  the  power  and  prosperity  of  the  whole  country,  whilst  at  the  same 
time,  through  the  channels  of  business  and  commerce,  it  has  been  building  up  im 
mense  cities  in  the  eastern,  Atlantic,  and  middle  states,  and  replenishing  the 
federal  treasury  with  large  payments  from  the  settlers  upon  the  public  lands, 
rendered  of  real  value  only  by  their  labor;  and  thus,  from  increased  exports, 
bringing  back  augmented  imports,  and  soon  largely  increasing  the  revenue  of 
the  government  from  that  source  also. 

Without  asking  anything  new  from  congress,  if  Kansas  can  receive,  on  com 
ing  into  the  Union,  all  the  usual  grants,  and  use  them  judiciously,  she  can  not 
only  speedily  cover  herself  with  a  network  of  railroads,  but,  by  devoting  all 
the  rest  to  purposes  of  education,  she  would  soon  have  a  complete  system  of 
common  schools,  with  normal  schools,  free  academies,  and  a  great  university,  in 
all  of  which  tuition  should  be  free  to  all  our  people.  In  that  university  the 
mechanic  arts,  with  model  workshops,  and  all  the  sciences  should  be  taught, 
and  especially  agriculture  in  connection  with  a  model  farm. 

Although  you  ask  nothing  more  in  your  ordinance  than  has  already  been 
granted  to  the  other  new  states,  yet  in  view  of  the  sacrifice  of  life  and  property 
incurred  by  the  people  of  Kansas,  in  establishing  here  the  great  pi'inciples  of 
state  and  popular  sovereignty,  and  thus  perpetuating  the  Union,  congress, 
doubtless,  will  regard  with  indulgent  favor  the  new  state  of  Kansas,  and  will 
welcome  her  into  the  Union  with  joyful  congratulations  and  a  most  liberal 
policy  as  to  the  public  domain. 

The  full  benefit  of  that  great  measure,  the  graduation  and  reduction  of  the 


GOV.  WALKER'S  INAUGURAL.  795 

price  of  the  public  lands  in  favor  only  of  settlers  and  cultivators,  so  often  urged 
by  me  in  the  senate  and  in  the  treasury  department,  and  finally  adopted  by 
congress,  should  also  be  secured  in  our  ordinance.  Having  witnessed  in  new 
states  the  deep  injury  inflicted  upon  them  by  large  bodies  of  their  most  fertile 
land  being  monopolized  by  speculators,  I  suggest,  in  accordance  with  the  pub 
lic  policy  ever  advocated  by  me,  that  our  entire  land  tax,  under  the  constitu 
tion,  for  the  next  twenty  years  should  be  confined  exclusively  to  unoccupied 
land — whether  owned  by  residents  or  non-residents — as  one  of  the  best  means 
of  guarding  against  a  monopoly  of  our  choice  lands  by  speculators.  I  desire, 
in  fact,  to  see  our  convention  exercise  the  whole  constitutional  power  of  a  state, 
to  guard  our  rights  and  interests,  and  especially  to  protect  the  settlers  and  cul 
tivators  against  the  monopoly  of  our  public  domain  by  speculators. 

As  regards  the  school  lands  of  the  new  states,  the  following  views  will  be 
found  in  my  reports  of  the  8th  of  December,  1847,  and  9th  of  December, 
1848,  as  secretary  of  the  treasury  of  the  United  States: 

"  The  recommendation  contained  in  my  last  report  for  the  establishment  of 
ports  of  entry  in  Oregon,  and  the  extension  there  of  our  revenue  laws,  is  again 
respectfully  presented  to  the  consideration  of  congress,  together  with  donations 
of  farms  to  settlers  and  emigrants,  and  the  grant  of  a  school  section  in  the  cen 
ter  of  every  quarter  of  a  township,  which  would  bring  the  school-house  within 
a  point  not  exceeding  a  mile  and  a  half  in  distance  from  the  most  remote  in 
habitants  of  such  quarter  township." 

And  again :  "  My  last  report  recommended  the  grant  of  one  section  of  land 
for  schools  in  every  quarter  township  in  Oregon.  *****  Con 
gress,  to  some  extent,  adopted  this  recommendation  by  granting  two  school  sec 
tions  in  each  township,  instead  of  one,  for  education  in  Oregon  ;  but  it  is  re 
spectfully  suggested  that  even  thus  extended  the  grant  is  still  inadequate  in 
amount,  whilst  the  location  is  inconvenient,  and  too  remote  for  a  school  which 
all  can  attend.  The  subject  is  again  presented  to  the  attention  of  congress, 
with  the  recommendation  that  it  shall  be  extended  to  California  and  New 
Mexico,  and  also  to  all  the  other  new  states  and  territories  containing  the  pub 
lic  domain." 

Acting  upon  the  first  of  these  recommendations,  but  not  carrying  them  fully 
into  effect,  congress  doubled  the  school  section  grants — an  advance  upon  the 
former  system.  But,  in  my  judgment,  the  benefits  intended  will  never  be  fully 
realized  until  four  school  sections,  instead  of  two,  are  granted  in  every  town 
ship,  locating  the  school  section  in  the  center  of  every  quarter  township ;  thus, 
by  only  doubling  the  school  sections,  causing  every  section  of  the  public  domain 
in  the  new  states  to  adjoin  a  school  section,  which  would  add  immensely  to  the 
value  of  the  public  lands,  whilst,  at  the  same  time,  affording  an  adequate  fund 
not  only  for  the  establishment  of  common  schools  in  every  township,  but  of  high 
schools,  normal  schools,  and  free  academies,  which,  together  with  the  five  per 
cent,  fund  and  university  grant  before  referred  to,  would  place  Kansas  in  a  few 
years,  in  point  of  science  and  education,  in  the  front  rank  of  the  states  of  the 
American  Union  and  of  the  world.  This  is  a  subject  always  regarded  by  me 


796  AFFAIRS  OF  KANSAS. 

with  intense  interest,  inasmuch  as  my  highest  hope  of  the  perpetuity  of  our 
Union,  and  of  the  continued  success  of  self-government,  is  based  upon  the  pro 
gressive  education  and  enlightenment  of  the  people,  enabling  them  fully 
to  comprehend  their  own  true  interests,  the  incalculable  advantages  of  our 
Union,  the  exemption  from  the  power  of  demagogues,  the  control  of  sectional 
passions  and  prejudice,  the  progress  of  the  arts  and  sciences,  and  the  accumu 
lation  of  knowledge,  which  is  every  day  more  and  more  becoming  real  power, 
and  which  will  advance  so  much  the  great  interests  of  our  whole  country. 

These  noble  grants  for  schools  and  education  in  some  of  the  new  states 
have  not  produced  all  the  advantages  designed,  for  want  of  adequate  checks 
and  guards  against  improvident  legislation ;  but  I  trust  that  the  convention, 
by  a  distinct  constitutional  provision,  will  surround  these  lands  with  such  guar 
antees,  legislative,  executive,  judicial,  and  popular,  as  to  require  the  combined 
action  of  the  whole  under  the  authority  of  the  legislature  in  the  administration 
of  a  fund  so  sacred. 

It  will  be  observed  that  these  school  sections  and  the  five  per  cent,  fund,  or 
their  equivalent,  have  always  been  made  good  to  the  new  states  by  congress, 
whether  the  lands  were  sold  in  trust,  for  Indians,  or  otherwise. 

Upon  looking  at  the  location  of  Kansas,  equidistant  from  north  to  south, 
and  from  the  Atlantic  to  the  Pacific,  I  find,  that,  within  reasonable  boun 
daries,  she  would  be  the  central  state  of  the  American  Union.  On  the  north 
lies  the  Nebraska  territory,  soon  to  become  a  state ;  on  the  south  the  great  and 
fertile  southwestern  Indian  territory,  soon,  I  hope,  to  become  a  state  also.  To 
the  boundary  of  Kansas  run  nearly  all  the  railroads  of  Missouri,  whilst  west 
ward,  northward,  and  southward,  these  routes  continued  through  Kansas  would 
connect  her  directly  with  Puget  Sound,  the  mouth  of  the  Oregon  river,  and 
San  Francisco.  The  southern  boundary  of  Kansas  is  but  five  hundred  miles 
from  the  Gulf  of  Mexico,  and  the  same  railroad  through  the  great  southwest 
ern  Indian  territory  and  Texas  would  connect  her  with  New  Orleans,  with 
Galveston,  with  all  the  roads  of  Arkansas,  and  through  Texas  to  San  Francis 
co,  and  other  points  upon  the  Pacific ;  northward  and  eastward  our  lines  would 
connect  with  the  roads  of  Iowa,  Illinois,  Wisconsin,  Nebraska,  and  the  lakes  of 
the  north. 

It  is  the  people  of  Kansas  who,  in  forming  their  state  constitution,  are  to 
declare  the  te'Vms  on  which  they  propose  to  enter  the  Union.  Congress  can 
not  compel  the  people  of  the  territory  to  enter  the  Union  as  a  state,  or  change, 
without  their  consent,  the  constitution  framed  by  the  people.  Congress,  it  is 
true,  may  for  constitutional  reasons  refuse  admission,  but  the  state  alone,  in 
forming  her  constitution,  can  proscribe  the  terms  on  which  she  will  enter  the 
Union.  This  power  of  the  people  of  a  territory  in  forming  a  state  constitu 
tion  is  one  of  vital  importance,  especially  in  the  states  carved  out  of  the  pub 
lic  domain.  Nearly  all  the  lands  of  Kansas  are  public  lands,  and  most  of 
them  are  occupied  by  Indian  tribes.  These  lands  are  the  property  of  the  fed 
eral  government,  but  their  right  is  exclusively  that  of  a  proprietor,  carrying 
with  it  no  political  power. 


GOV.  WALKER'S  INAUGURAL.  797 

Although  the  states  cannot  tax  the  constitutional  functions  of  the  federal 
government,  they  may  assess  its  real  estate  within  the  limits  of  the  state.  Thus, 
although  a  state  cannot  tax  the  federal  mint  or  custom  houses,  yet  it  may  tax 
the  ground  on  which  they  stand,  unless  exempted  by  state  authority.  Such  is 
the  well-settled  doctrine  of  the  supreme  court  of  the  United  States.  In  1838, 
Judge  McLean,  of  the  supreme  court  of  the  United  States,  made  the  follow 
ing  decision  : 

"  It  is  true,  the  United  States  held  the  proprietary  right  under  the  act  of  ces 
sion,  and  also  the  right  of  sovereignty  until  the  state  government  was  estab 
lished  ;  but  the  mere  proprietary  right,  if  it  exists,  gives  no  right  of  sover 
eignty.  The  United  States  may  own  land  within  a  state,  but  political  juris 
diction  does  not  follow  this  ownership.  Where  jurisdiction  is  necessary,  as  for 
forts  and  arsenals,  a  cession  of  it  is  obtained  from  the  state.  Even  the  lands  of 
the  United  States  within  the  state  are  exempted  from  taxation  by  compact." 

By  the  recent  decision  of  the  supreme  court  of  the  United  States,  so  justly 
favorable  to  the  rights  and  interest  of  the  new  states,  especially  those  formed 
out  of  the  territory  acquired,  like  Kansas,  since  the  adoption  of  the  constitu 
tion,  it  is  clear  that  the  ownership  of  the  public  lands  of  such  territory  is 
viewed  by  the  court  exclusively  as  a  proprietary  right,  carrying  with  it  no 
political  power  or  right  of  eminent  domain,  and  affecting  in  no  way  the  exer 
cise  of  any  of  the  soveereign  attributes  of  state  authority.  When  Kansas  be 
comes  a  state,  with  all  the  attributes  of  state  sovereignty  coextensive  with  her 
limits,  among  these  must  be  the  taxing  power,  which  is  an  inherent  element  of 
state  authority.  I  do  not  dispute  the  title  of  the  government  to  the  public 
lands  of  Kansas,  but  I  do  say  this  right  is  that  of  an  owner  only,  and  that, 
when  Kansas  becomes  a  state,  the  public  lands  are  subject  to  taxation  by  state 
authority,  like  those  of  any  individual  proprietor,  unless  that  power  is  relin 
quished  by  the  state  in  the  ordinance,  assuming  the  form  of  a  compact,  by 
which  the  state  is  admitted  into  the  Uuion. 

This  relinquishment  of  the  taxing  power  as  to  the  public  lands,  so  import 
ant  to  the  general  government,  and  which  has  heretofore  been  exacted  by  con 
gress  on  their  own  terms  from  all  the  new  states,  is  deeply  injurious  to  a  state, 
depriving  her  almost  entirely  of  the  principal  recourse  of  a  new  state  by  taxa 
tion  to  support  her  government.  Now  that  this  question  is  conclusively  set 
tled  by  the  supreme  court  of  the  United  States,  as  a  consequence  of  their 
recent  decision,  it  is  proper  for  the  state,  in  making  this  relinquishmeut  of  the 
right  to  tax  the  public  lands,  to  annex  the  conditions  on  which  she  consents  to 
such  exemption.  This  should  be  done  in  the  constitution  upon  terms  just  to 
Kansas  and  to  the  federal  government. 

Should  Kansas  relinquish  the  right  of  taxing  the  public  lands  for  an  equivalent, 
she  should,  in  my  judgment,  although  sustained  by  irresistible  conclusions  from 
the  decision  of  the  supreme  court  of  the  United  States,  and  sound  constitu 
tional  views  of  state  rights,  place  the  question  in  its  strongest  form,  by  asking 
nothing  more  than  has  been  granted  to  the  other  new  states,  including  the 
grants  for  education,  railroads,  etc.  She  will  thus  give  the  highest  proof  that 


798  AFFA1KS  OF  KANSAS. 

she  is  not  governed  by  sordid  views,  and  that  she  means  to  .exact  nothing  from 
congress  that  is  unjust  or  unusual. 

I  cannot  too  earnestly  impress  upon  you  the  necessity  of  removing  the  slav 
ery  agitation  from  the  halls  of  congress  and  presidential  conflicts.  It  is  con 
ceded  that  congress  has  no  power  to  interfere  with  slavery  in  the  states  where 
it  exists ;  and  if  it  can  now  be  established,  as  is  clearly  the  doctrine  of  the 
constitution,  that  congress  has  no  authority  to  interfere  with  the  people  of  a  terri 
tory  on  this  subject,  in  forming  a  state  constitution,  the  question  must  be 
removed  from  congressional  and  presidential  elections. 

This  is  the  principle  affirmed  by  congress  in  the  act  organizing  this  territory, 
ratified  by  the  people  of  the  United  States  in  the  recent  election,  and  main 
tained  by  the  late  decision  of  the  supreme  court  of  the  United  States.  If  this 
principle  can  be  carried  into  successful  operation  in  Kansas — that  her  people 
shall  determine  what  shall  be  her  social  institutions — the  slavery  question  must 
be  withdrawn  from  the  halls  of  congress,  and  from  our  presidential  conflicts,  and 
the  safety  of  the  Union  be  placed  beyond  all  peril ;  whereas,  if  the  principle 
should  be  defeated  here,  the  slavery  agitation  must  be  renewed  in  all  elections 
throughout  the  country,  with  increasing  bitterness,  until  it  shall  eventually 
overthrow  the  government. 

It  is  this  agitation  which,  to  European  powers,  presents  the  only  hope  of 
subverting  our  free  institutions,  and,  as  a  consequence,  destroying  the  principle 
of  self-government  throughout  the  world.  It  is  this  hope  that  has  already 
inflicted  deep  injury  upon  our  country,  exciting  monarchical  or  despotic  inter 
ference  with  our  domestic  as  well  as  foreign  affairs,  and  inducing  their  interpo 
sition,  not  only  in  our  elections,  but  in  diplomatic  intercourse,  to  arrest  our 
progress,  to  limit  our  influence  and  power,  depriving  us  of  great  advantages  in 
peaceful  territorial  expansion,  as  well  as  in  trade  with  the  nations  of  the  world. 

Indeed,  when  I  reflect  upon  the  hostile  position  of  the  European  press  du 
ring  the  recent  election,  and  their  exulting  predictions  of  the  dissolution  of  our 
Union  as  a  consequence  of  the  triumph  of  a  sectional  candidate,  I  cannot 
doubt  that  the  peaceful  and  permanent  establishment  of  these  principles,  now 
being  subjected  to  their  final  test  in  Kansas,  will  terminate  European  opposi 
tion  to  all  those  measures  which  must  so  much  increase  our  commerce,  furnish 
new  markets  for  our  products  and  fabrics,  and  by  conservative,  peaceful  progress, 
carry  our  flag  and  the  empire  of  our  constitution  into  new  and  adjacent  regions 
indispensable  as  a  part  of  the  Union  to  our  welfare  and  security,  adding  coffee, 
sugar,  and  other  articles  to  our  staple  exports,  whilst  greatly  reducing  their 
price  to  the  consumer. 

Nor  is  it  only  in  our  foreign  intercourse  that  peace  will  be  preserved  and  our 
prosperity  advanced  by  the  accepted  fact  of  the  permanence  of  our  govern 
ment,  based  upon  the  peaceful  settlement  of  this  question  in  Kansas,  but  at 
home  the  same  sentiment  will  awaken  renewed  confidence  in  the  stability  of  our 
institutions,  give  a  new  impulse  to  all  our  industry,  and  carry  us  onward  in  a 
career  of  progress  and  prosperity  exceeding  even  our  most  sanguine  expecta 
tions  ;  a  new  movement  of  European  capital  will  flow  in  upon  us  for  perma- 


GOV.  WALKER'S  INAUGURAL.  799 

nent  investment,  and  a  new  exodus  of  the  European  masses,  aided  by  the 
preemption  principle,  carry  westward  the  advancing  column  of  American  states 
in  one  unbroken  phalanx  to  the  Pacific. 

And  let  me  ask  you,  what  possible  good  has  been  accomplished  by  agitating 
in  congress  and  in  presidential  conflcts  the  slavery  question  ?  Has  it  emanci 
pated  a  single  slave,  or  improved  their  condition  ?  Has  it  made  a  single  state 
free  where  slavery  otherwise  would  have  existed  ?  Has  it  accelerated  the 
disappearance  of  slavery  from  the  more  northern  of  the  slaveholding  states,  or 
accomplished  any  practical  good  whatever  ?  No,  my  fellow-citizens,  nothing 
but  unmitigated  evil  has  already  ensued,  with  disasters  still  more  fearful  im 
pending  for  the  future,  as  a  consequence  of  this  agitation. 

There  is  a  law  more  powerful  than  the  legislation  of  man — more  potent 
than  passion  or  prejudice — that  must  ultimately  determine  the  location  of  slav 
ery  in  this  country ;  it  is  the  isothermal  line  ;  it  is  the  law  of  the  thermometer, 
of  latitude  or  altitude,  regulating  climate,  labor,  and  productions,  and,  as  a 
consequence,  profit  and  loss.  Thus  even  upon  the  mountain  heights  of  the 
tropics  slavery  can  no  more  exist  than  in  northern  latitudes,  because  it  is  un 
profitable,  being  unsuited  to  the  constitution  of  that  sable  race  transplanted 
here  from  the  equatorial  heats  of  Africa.  Why  is  it  that  in  the  Union  slavery 
recedes  from  the  north  and  progresses  south  ?  It  is  this  same  great  climatic 
law  now  operating  for  or  against  slavery  in  Kansas.  If,  on  the  elevated  plains 
of  Kansas,  stretching  to  the  base  of  our  American  alps — the  Ilocky  moun 
tains — and  including  their  eastern  crest,  crowned  with  perpetual  snow,  from 
which  sweep  over  her  open  prairies  those  chilling  blasts,  reducing  the  average 
range  of  the  thermometer  here  to  a  temperature  nearly  as  low  as  that  of  New 
England,  should  render  slavery  unprofitable  here,  because  unsuited  to  the  trop 
ical  constitution  of  the  negro  race,  the  law  above  referred  to  must  ultimately 
determine  that  question  here,  and  can  no  more  be  controlled  by  the  legislation 
of  man  than  any  other  moral  or  physical  law  of  the  Almighty.  Especially 
must  this  law  operate  with  irresistible  force  in  this  country,  where  the  number 
of  slaves  is  limited,  and  cannot  be  increased  by  importation,  where  many  mil 
lions  of  acres  of  sugar  and  cotton  lands  are  still  uncultivated,  and,  from  the 
ever-augmenting  demand,  exceeding  the  supply,  the  price  of  those  great  sta 
ples  has  nearly  doubled,  demanding  vastly  more  slave  labor  for  their  produc 
tion. 

If,  from  the  operation  of  these  causes,  slavery  should  not  exist  here,  I  trust 
it  by  no  means  follows  that  Kansas  should  become  a  state  controlled  by  the 
treason  and  fanaticism  of  abolitionism.  She  has,  in  any  event,  certain  consti 
tutional  duties  to  perform  to  her  sister  states,  and  especially  to  her  immediate 
neighbor — the  slaveholding  state  of  Missouri.  Through  that  great  state,  by 
rivers  and  railroads,  must  flow,  to  a  great  extent,  our  trade  and  intercourse, 
our  imports  and  exports.  Our  entire  eastern  front  is  upon  her  border ;  from 
Missouri  come  a  great  number  of  her  citizens ;  even  the  farms  of  the  two 
states  are  cut  up  by  the  line  of  the  state  boundary,  part  in  Kansas,  part  in 
Missouri ;  her  citizens  meet  us  in  daily  intercourse ;  and  that  Kansas  should 


AFFAIRS  OF  KANSAS. 

become  hostile  to  Missouri,  an  asylum  for  her  fugitive  slaves,  or  a  propagandist 
of  abolition  treason,  would  be  alike  inexpedient  and  unjust,  and  fatal  to  the 
continuance  of  the  American  Union.  In  any  event,  then,  I  trust  that  the  con 
stitution  of  Kansas  will  contain  such  clauses  as  will  forever  secure  to  the  state 
of  Missouri  the  faithful  performance  of  all  constitutional  guarantees,  not  only 
by  federal,  but  by  state  authority,  and  the  supremacy  within  our  limits  of  the 
authority  of  the  supreme  court  of  the  United  States  on  all  constitutional  ques 
tions  be  firmly  established. 

Upon  the  south,  Kansas  is  bounded  by  the  great  southwestern  Indian  terri 
tory.  This  is  one  of  the  most  salubrious  and  fertile  portions  of  this  continent 
It  is  a  great  cotton-growing  region,  admirably  adapted  by  soil  and  climate  for 
the  products  of  the  south,  embracing  the  valleys  of  the  Arkansas  and  Red 
rivers,  adjoining  Texas  on  the  south  and  west,  and  Arkansas  on  the  east,  and 
it  ought  speedily  to  become  a  state  of  the  American  Union.  The  Indian  trea 
ties  will  constitute  no  obstacle  any  more  than  precisely  similar  treaties  did  in 
Kansas  ;  for  their  lands,  valueless  to  them,  now  for  sale,  but  which,  sold  with 
their  consent  and  for  their  benefit,  like  the  Indian  land  of  Kansas,  would  make 
them  a  most  wealthy  and  prosperous  people ;  and  their  consent,  on  these  terms, 
would  be  most  cheerfully  given.  This  territory  contains  double  the  area  of  the 
state  of  Indiana,  and,  if  necessary,  an  adequate  portion  of  the  western  and 
more  elevated  part  could  be  set  apart  exclusively  for  these  tribes,  and  the  east 
ern  and  larger  portion  be  formed  into  a  state,  and  its  lands  sold  for  the  benefit 
of  these  tribes,  (like  the  Indian  lands  of  Kansas,)  thus  greatly  promoting  all 
their  interests.  To  the  eastern  boundary  of  this  region  on  the  state  of  Arkan 
sas,  run  the  railroads  of  that  state ;  to  her  southern  limits  come  the  great  rail 
roads  from  Louisiana  and  Texas,  from  New  Orleans  and  Galveston,  which  will 
ultimately  be  joined  by  railroads  from  Kansas,  leading  through  this  Indian  ter 
ritory,  connecting  Kansas  with  New  Orleans,  the  Gulf  of  Mexico,  and  with  the 
Southern  Pacific  railroad,  leading  through  Texas  to  San  Francisco. 

It  is  essential  to  the  true  interests  not  only  of  Kansas,  but  of  Louisiana, 
Texas,  and  Arkansas,  Iowa  and  Missouri,  and  the  whole  region  west  of  the 
Mississippi,  that  this  conterminous  southwestern  Indian  territory  should  speed 
ily  become  a  state,  not  only  to  supply  us  with  cotton,  and  receive  our  products 
in  return,  but  as  occupying  the  area  over  which  that  portion  of  our  railroads 
should  run  which  connect  us  with  New  Orleans  and  Galveston,  and  by  the 
southern  route  with  the  Pacific.  From  her  central  position,  through  or  con 
nected  with  Kansas,  must  run  the  central,  northern,  and  southern  routes  to  the 
Pacific ;  and  with  the  latter,  as  well  as  with  the  Gulf,  the  connection  can  only 
be  secured  by  this  southwestern  territory  becoming  a  state,  and  to  this  Kansas 
should  direct  her  earnest  attention  as  essential  to  her  prosperity. 

Our  country  and  the  world  are  regarding  with  profound  interest  the  struggle 
now  impending  in  Kansas.  Whether  we  are  competent  to  self-government — 
whether  we  can  decide  this  controversy  peacefully  for  ourselves  by  our  own 
votes,  without  fraud  or  violence — whether  the  great  principles  of  self-govern 
ment  and  state  sovereignty  can  be  carried  here  into  successful  operation — are 


GOV.  WALKER'S  INAUGURAL.  801 

the  questions  now  to  be  determined,  and  upon  the  plains  of  Kansas  may  now 
be  fought  the  last  great  and  decisive  battle,  involving  the  fate  of  the  Union,  of 
state  sovereignty,  of  self-government,  and  the  liberties  of  the  world.  If,  my 
fellow-citizens,  you  could,  even  for  a  brief  period,  soften  or  extinguish  sectional 
passions  or  prejudice,  and  lift  yourselves  to  the  full  realization  of  the  momen 
tous  issues  intrusted  to  your  decision,  you  would  feel  that  no  greater  responsi 
bility  was  ever  devolved  upon  any  people.  It  is  not  merely,  shall  slavery  exist 
in  or  disappear  from  Kansas  ?  but,  shall  the  great  principles  of  self  govern 
ment  and  state  sovereignty  be  maintained  or  subverted  ?  State  sovereignty  is 
mainly  a  practical  principle,  in  so  far  as  it  is  illustrated  by  the  great  sovereign 
right  of  the  majority  of  the  people,  in  forming  a  state  government,  to  adopt 
their  own  social  institutions ;  and  this  principle  is  disregarded  whenever  such 
decision  is  subverted  by  congress,  or  overthrown  by  external  intrusion,  or  by 
domestic  fraud  or  violence.  All  those  who  oppose  this  principle  are  the  ene 
mies  of  state  rights,  of  self-government,  of  the  constitution  and  the  Union. 
Do  you  love  slavery  so  much,  or  hate  it  so  intensely,  that  you  would  endeavor 
to  establish  or  exclude  it  by  fraud  or  violence,  against  the  will  of  the  majority 
of  the  people  ?  What  is  Kansas,  with  or  without  slavery,  if  she  should  de 
stroy  the  rights  and  union  of  the  states  ?  Where  would  be  her  schools,  her 
free  academies,  her  colleges  and  university,  her  towns  and  cities,  her  railroads, 
farms,  and  villages,  without  the  Union,  and  the  principles  of  self-government  ? 
Where  would  be  her  peace  and  prosperity,  and  what  the  value  of  her  lands 
and  property  ?  Who  can  decide  this  question  for  Kansas,  if  not  the  people 
themselves  ?  And  if  they  cannot,  nothing  but  the  sword  can  become  the 
arbiter. 

On  the  one  hand,  if  you  can  and  will  decide  peacefully  this  question  your 
selves,  I  see  for  Kansas  an  immediate  career  of  power,  progress,  and  prosper 
ity,  unsurpassed  in  the  history  of  the  world.  I  see  the  peaceful  establishment 
of  our  state  constitution,  its  ratification  by  the  people,  and  our  immediate  ad 
mission  into  the  Union ;  the  rapid  extinguishment  of  the  Indian  title,  and  the 
occupancy  of  those  lands  by  settlers  and  cultivators  ;  the  diffusion  of  universal 
education  ;  preemptions  for  the  actual  settlers ;  the  state  rapidly  intersected  by 
a  network  of  railroads  ;  our  churches,  schools,  colleges,  and  university  carry 
ing  westward  the  progress  of  law,  religion,  liberty,  and  civilization ;  our  towns, 
cities,  and  villages  prosperous  and  progressing ;  our  farms  teeming  with  abun 
dant  products,  and  greatly  appreciated  in  value ;  and  peace,  happiness,  and 
prosperity  smiling  throughout  our  borders.  With  proper  clauses  in  our  con 
stitution,  and  the  peaceful  arbitrament  of  this  question,  Kansas  may  become 
the  model  state  of  the  American  Union.  She  may  bring  down  upon  us  from 
north  to  south,  from  east  to  west,  the  praises  and  blessings  of  every  patriotic 
American,  and  of  every  friend  of  self-government  throughout  the  world.  She 
may  record  her  name  on  the  proudest  page  of  the  history  of  our  country  and 
of  the  world,  and  as  the  youngest  and  last-born  child  of  the  American  Union, 
all  will  hail  and  regard  her  with  respect  and  affection. 

On  the  other  hand,  if  you  cannot  thus  peacefully  decide  this  question,  fraud, 


802  AFFAIRS  OF  KANSAS. 

violence,  and  injustice  will  reign  supreme  throughout  our  borders,  and  we  will 
have  achieved  the  undying  infamy  of  having  destroyed  the  liberty  of  our  coun 
try  and  of  the  world.  We  will  become  a  byword  of  reproach  and  obloquy ; 
and  all  history  will  record  the  fact  that  Kansas  was  the  grave  of  the  American 
Union.  Never  was  so  momentous  a  question  submitted  to  the  decision  of  any 
people ;  and  we  cannot  avoid  the  alternative  now  placed  before  us  of  glory  or 
of  shame. 

May  that  overruling  Providence  who  brought  our  forefathers  in  safety  to 
amestown  and  Plymouth — who  watched  over  our  colonial  pupilage — who  con 
vened  our  ancestors  in  harmonious  councils  on  the  birthday  of  American  inde 
pendence — who  gave  us  Washington,  and  carried  us  successfully  through  the 
struggles  and  perils  of  the  revolution — who  assembled,  in  178*7,  that  noble 
band  of  patriots  and  statesmen  from  north  and  south  who  framed  the  federal 
constitution — who  has  augmented  our  numbers  from  three  millions  to  thirty 
millions,  has  carried  us  from  the  eastern  slope  of  the  Alleghanies  through  the 
great  valleys  of  the  Ohio,  Mississippi,  and  Missouri,  and  now  salutes  our  stand 
ard  on  the  shores  of  the  Pacific — rouse  in  our  hearts  a  love  of  the  whole  Union, 
and  a  patriotic  devotion  to  the  whole  country.  May  it  extinguish  or  control 
all  sectional  passions  and  prejudice,  and  enable  us  to  conduct  to  a  successful 
conclusion  the  great  experiment  of  self-government  now  being  made  within 
your  boundaries. 

Is  it  not  infinitely  better  that  slavery  should  be  abolished  or  established  in 
Kansas,  rather  than  that  we  should  become  slaves  and  not  permitted  to  gov 
ern  ourselves  ?  Is  the  absence  or  existence  of  slavery  in  Kansas  paramount 
to  the  great  questions  of  state  sovereignty,  of  self-government,  and  of  the 
Union  ?  Is  the  sable  African  alone  entitled  to  your  sympathy  and  considera 
tion,  even  if  he  were  happier  as  a  freeman  than  as  a  slave,  either  here  or  in  St. 
Domingo,  or  the  British  West  Indies  or  Spanish  America,  where  the  emanci 
pated  slave  has  receded  to  barbarism,  and  approaches  the  lowest  point  in  the 
descending  scale  of  moral,  physical,  and  intellectual  degradation  ?  Have  our 
white  brethren  of  the  great  American  and  European  race  no  claims  upon  our 
attention  ?  Have  they  no  rights  or  interests  entitled  to  regard  and  protection  ? 
Shall  the  destiny  of  the  African  in  Kansas  exclude  all  considerations  connect 
ed  with  our  own  happiness  and  prosperity  ?  And  is  it  for  the  handful  of  that 
race  now  in  Kansas,  or  that  may  be  hereafter  introduced,  that  we  should  sub 
vert  the  Union  and  the  great  principles  of  self-government  and  state  sover 
eignty,  and  imbrue  our  hands  in  the  blood  of  our  countrymen  !  Important  as 
this  African  question  may  be  in  Kansas,  and  which  it  is  your  solemn  right  to 
determine,  it  sinks  into  insignificance  compared  with  the  perpetuity  of  the 
Union  and  the  final  successful  establishment  of  the  principles  of  state  sover 
eignty  and  free  government.  If  patriotism,  if  devotion  to  the  constitution  and 
love  of  the  Union,  should  not  induce  the  minority  to  yield  to  the  majority  on 
this  question,  let  them  reflect  that  in  no  event  can  the  minority  successfully  de 
termine  this  question  permanently,  and  that  in  no  contingency  will  congress 
admit  Kansas  as  a  slave  or  free  state  unless  a  majority  of  the  people  of  Kan- 


GOV.  WALKER'S  INAUGURAL.  803 

sas  shall  first  have  fairly  and  freely  decided  this  question  for  themselves  by  a 
direct  vote  on  the  adoption  of  the  constitution,  excluding  all  fraud  or  violence. 
The  minority,  in  resisting  the  will  of  the  majority,  may  involve  Kansas  again 
in  civil  war  ;  they  may  bring  upon  her  reproach  and  obloquy,  and  destroy  her 
progress  and  prosperity ;  they  may  keep  her  for  years  out  of  the  Union,  and, 
in  the  whirlwind  of  agitation,  sweep  away  the  government  itself ;  but  Kansas 
never  can  be  brought  into  the  Union  with  or  without  slavery  except  by  a  pre 
vious  solemn  decision,  fully,  freely,  and  fairly  made  by  a  majority  of  her  peo 
ple  in  voting  for  or  against  the  adoption  of  her  state  constitution.  Why,  then, 
should  this  just,  peaceful,  and  constitutional  mode  of  settlement  meet  with  op 
position  from  any  quarter  ?  Is  Kansas  willing  to  destroy  her  own  hopes  of 
prosperity,  merely  that  she  may  afford  political  capital  to  any  party,  and  per 
petuate  the  agitation  of  slavery  throughout  the  Union  ?  Is  she  to  become  a 
mere  theme  for  agitators  in  other  states,  the  theatre  on  which  they  shall  per 
form  the  bloody  drama  of  treason  and  disunion  ?  Does  she  want  to  see  the 
solemn  acts  of  congress,  the  decision  of  the  people  of  the  Union  in  the  recent 
election,  the  legislative,  executive,  and  judicial  authorities  of  the  country  all 
overthrown,  and  revolution  and  civil  war  inaugurated  throughout  her  limits  ? 
Does  she  want  to  be  "bleeding  Kansas"  for  the  benefit  of  political  agitators, 
within  or  out  of  her  limits  ?  or  does  she  prefer  the  peaceful  and  quiet  arbitra 
ment  of  this  question  for  herself  ?  What  benefit  will  the  great  body  of  the 
people  of  Kansas  derive  from  these  agitations  ?  They  may,  for  a  brief  pe 
riod,  give  consequence  and  power  to  political  leaders  and  agitators,  but  it  is  at 
the  expense  of  the  happiness  and  welfare  of  the  great  body  of  the  people  of 
this  territory. 

Those  who  oppose  slavery  in  Kansas  do  not  base  their  opposition  upon  any 
philanthropic  principles,  or  any  sympathy  for  the  African  race  ;  for  in,  their  so- 
called  constitution,  framed  at  Topeka,  they  deem  that  entire  race  so  inferior 
and  degraded  as  to  exclude  them  all  forever  from  Kansas,  whether  they  be 
bond  or  free — thus  depriving  them  of  all  rights  here,  and  denying  even  that 
they  can  be  citizens  of  the  United  States ;  for,  if  they  are  citizens,  they 
could  not  constitutionally  be  excluded  from  Kansas.  Yet  such  a  clause,  in 
serted  in  the  Topeka  constitution,  was  submitted  by  that  convention  for  the 
vote  of  the  people,  and  ratified  here  by  an  overwhelming  majority  of  the  anti- 
slavery  party.  This  party,  here,  therefore,  has,  in  the  most  positive  manner, 
affirmed  the  constitutionality  of  that  portion  of  the  recent  decision  of  the  su 
preme  court  of  the  United  States,  declaring  that  Africans  are  not  citizens  of 
the  United  States. 

This  is  the  more  important,  inasmuch  as  this  Topeka  constitution  was  ratified 
with  this  clause  inserted  by  the  entire  republican  party  in  congress — thus  dis 
tinctly  affirming  the  recent  decision  of  the  supreme  court  of  the  Union,  that 
Africans  are  not  citizens  of  the  United  States ;  for  if  citizens,  they  may  be 
elected  to  all  offices,  state  and  national,  including  the  presidency  itself;  they 
must  be  placed  upon  a  basis  of  perfect  equality  with  the  whites,  serve  with 
them  in  the  militia,  on  the  bench,  the  legislature,  the  jury-box,  vote  in  all 


804  AFFAIRS  OF  KANSAS. 

elections,  meet  us  in  social  intercourse,  and  intermarry  freely  with  the  whites. 
This  doctrine  of  the  perfect  equality  of  the  white  with  the  black,  in  all  respects 
whatsoever,  social  and  political,  clearly  follows  from  the  position  that  Africans 
are  citizens  of  the  United  States.  Nor  is  the  supreme  court  of  the  Union  less 
clearly  vindicated  by  the  position  now  assumed  here  by  the  published  creed  of 
tnis  party,  that  the  people  of  Kansas,  in  forming  their  state  constitution,  (and 
not  congress,)  must  decide  this  question  of  slavery  for  themselves.  Having 
thus  sustained  the  court  on  both  the  controverted  points  decided  by  that  tribu 
nal,  it  is  hoped  they  will  not  approve  the  anarchical  and  revolutionary  proceed 
ings  in  other  states,  expunging  the  supreme  court  from  our  system  by  depriv 
ing  it  of  the  great  power  for  which  it  was  created,  of  expounding  the  consti 
tution.  If  that  be  done,  we  can  have  in  fact  no  unity  of  government  or  fun 
damental  law,  but  just  as  many  ever-varying  constitutions  as  passion,  preju 
dice,  and  local  interests  may  from  time  to  time  prescribe  in  the  thirty-one  states 
of  the  Union. 

I  have  endeavored  heretofore  faintly  to  foreshadow  the  wonderful  prosperity 
which  would  follow  at  once  in  Kansas  the  peaceful  and  final  settlement  of  this 
question.  But,  if  it  should  be  in  the  power  of  agitators  to  prevent  such  a  re 
sult,  nothing  but  ruin  will  pervade  our  territory.  Confidence  will  expire  and 
law  and  order  will  be  subverted.  Anarchy  and  civil  war  will  be  remaugurated 
among  us.  All  property  will  greatly  depreciate  in  value.  Even  the  best 
farms  will  become  almost  worthless.  Our  towns  and  cities  will  sink  into  de 
cay.  Emigration  to  our  territory  will  cease.  A  mournful  train  of  returning 
settlers,  with  ruined  hopes  and  blasted  fortunes,  will  leave  our  borders.  All 
who  have  purchased  property  at  present  prices  will  be  sacrificed,  and  Kansas 
will  be  marked  by  universal  ruin  and  desolation. 

Nor  will  the  mischief  be  arrested  here.  It  will  extend  into  every  other  state. 
Despots  will  exult  over  the  failure  here  of  the  great  principles  of  self-govern 
ment,  and  the  approaching  downfall  of  our  confederacy.  The  pillars  of  the 
union  will  rock  upon  their  base,  and  we  may  close  the  next  presidential  con 
flict  amid  the  scattered  fragments  of  the  constitution  of  our  once  happy  and 
united  people.  The  banner  of  the  stars  and  stripes,  the  emblem  of  our  coun 
try's  glory,  will  be  rent  by  contending  factions.  We  shall  no  longer  have  a 
country.  The  friends  of  human  liberty  in  other  realms  will  shrink  despairing 
from  the  conflict.  Despotic  power  will  resume  its  sway  throughout  the  world, 
and  man  will  have  tried  in  vain  the  last  experiment  of  self-government.  The 
architects  of  our  country's  ruin,  the  assassins  of  her  peace  and  prosperity,  will 
share  the  same  common  ruin  of  all  our  race.  They  will  meet,  whilst  living, 
the  bitter  curses  of  a  ruined  people,  whilst  history  will  record  as  their  only 
epitaph :  These  were  the  destroyers  of  the  American  Union,  of  the  liber 
ties  of  their  country  and  the  world. 

But  I  do  not  despair  of  the  republic.  My  hope  is  in  the  patriotism  and  in 
telligence  of  the  people ;  in  their  love  of  country,  of  liberty,  and  of  the 
Union.  Especially  is  my  confidence  unbounded  in  the  hardy  pioneers  and  set 
tlers  of  the  west.  It  was  such  settlers  of  a  new  state  devoted  to  the  consti- 


THE    SOUTHERN   PRESS.  805 

tution  and  the  Union,  whom  I  long  represented  in  the  senate  of  the  United 
States,  and  whose  rights  and  interests  it  was  my  pride  and  pleasure  there,  aa 
well  as  in  the  treasury  department,  to  protect  and  advocate.  It  was  men  like 
these  whose  rifles  drove  back  the  invader  from  the  plains  of  Orleans,  and 
planted  the  stars  and  stripes  upon  the  victorious  fields  of  Mexico.  These  are 
the  men  whom  gold  cannot  corrupt  nor  foes  intimidate.  From  their  towns  and 
villages,  from  their  farms  and  cottages,  spread  over  the  beautiful  prairies  of 
Kansas,  they  will  come  forward  now  in  defense  of  the  constitution  and  the 
Union.  These  are  the  glorious  legacy  they  received  from  our  fathers,  and 
they  will  transmit  to  their  children  the  priceless  heritage.  Before  the  peaceful 
power  of  their  suffrage  this  dangerous  sectional  agitation  will  disappear,  and 
peace  and  prosperity  once  more  reign  throughout  our  borders.  In  the  hearts 
of  this  noble  band  of  patriotic  settlers,  the  love  of  their  country  and  of  the 
Union  is  inextinguishable.  It  leaves  them  not  in  death,  but  follows  them  into 
that  higher  realm,  where,  with  Washington  and  Franklin,  and  their  noble  com 
patriots,  they  look  down  with  undying  affection  upon  their  country,  and  offer 
up  prayers  that  the  Union  and  the  constitution  may  be  perpetual.  For,  recol 
lect,  my  fellow-citizens,  that  it  is  the  constitution  that  makes  the  Union,  and 
unless  that  immortal  instrument,  bearing  the  name  of  the  Father  of  his  Country, 
shall  be  maintained  entire  in  all  its  wise  provisions  and  sacred  guarantees,  our 
free  institutions  must  perish. 

My  reliance  also  is  unshaken  upon  the  same  overruling  Providence  which 
has  carried  us  triumphantly  through  so  many  perils  and  conflicts,  which  has 
lifted  us  to  a  height  and  power  of  prosperity  unexampled  in  history,  and,  if 
we  shall  maintain  the  constitution  and  the  Union,  points  us  to  a  future  more 
glorious  and  sublime  than  mind  can  conceive  or  pen  describe.  The  march  of 
our  country's  destiny,  like  that  of  His  first  chosen  people,  is  marked  by  the 
foot-prints  of  the  steps  of  God.  The  constitution  and  the  Union  are  "  the 
cloud  by  day,  and  the  pillar  of  fire  by  night,"  which  will  carry  us  safely,  under 
his  guidance,  through  the  wilderness  and  bitter  waters,  into  the  promised  and 
ever-extending  fields  of  our  country's  glory.  It  is  his  hand  which  beckons  us 
onward  in  the  pathway  of  peaceful  progress  and  expansion,  of  power  and  re 
nown,  until  our  continent,  in  the  distant  future,  shall  be  covered  by  the  folds  of 
the  American  banner,  and,  instructed  by  our  example,  all  the  nations  of  the 
world,  through  many  trials  and  sacrifices,  shall  establish  the  great  principles  of 
our  constitutional  confederacy  of  free  and  sovereign  states. 

R.  J.  WALKER. 

The  suggestion  of  Governor  Walker  to  refer  the  constitution  then  to  be 
framed  back  to  the  people  of  Kansas  for  their  ratification-  or  rejection,  met 
with  most  decided  condemnation,  not  only  by  the  pro-slavery  party  in  Kansas, 
but  by  the  southern  press  generally.  The  Charleston  Mercury  said  :  "  Now 
we  hold  that  the  submitting  of  the  constitution  soon  to  be  framed  by  the  peo 
ple  of  Kansas  in  convention  assembled,  back  again  to  the  people  individually, 
for  ratification,  is  a  work  of  supererogation — a  matter  to  be  done  or  not,  en- 


806  AFFAIRS  OF   KANSAS. 

tirely  to  the  discretion  of  the  convention,  as  a  thing  of  contingent  expediency 
only,  and  not  by  any  means  a  thing  of  necessity.  And  we  cannot  but  look 
upon  this  suggestion  of  Mr.  Stanton,  however  coupled  with  declarations  of 
southern  feeling,  and  the  determination  expressed  by  Governor  Walker,  as  par 
taking  of  the  nature  of  official  dictation,  and  being,  in  fact,  a  violation  of  the 
promised  neutrality — an  insidious  and  high-handed  breach  of  faith  towards  the 
south  and  southern  men  in  Kansas.  We,  therefore,  desire  in  the  outset  to 
stamp  this  game  as  it  deserves,  and  to  protest  against  all  attempts  to  influence 
the  action  of  the  convention  from  without,  whether  coming  from  the  territorial 
officers  appointed  by  the  president,  or  the  free-soil  schemers  of  New  York  and 
Boston.  The  real  object  and  end  is  under  the  guise  of  fair  words  to  the  south 
to  make  a  free  state  of  Kansas." 

The  Richmond  South  said  :  "  Upon  the  new  plan  which  Governor  Walker 
promulgates  for  the  settlement  of  the  Kansas  difficulty,  we  cannot  venture  an 
opinion  before  we  scrutinize  it  in  detail.  There  is  one  point,  however,  upon 
which  we  can  give  an  instant  and  emphatic  judgment ;  and  that  is,  the  propo 
sition  to  submit  the  constitution  of  Kansas  to  a  popular  vote.  The  convention 
can  do  nothing  for  which  there  is  not  an  express  authority  in  the  law ;  and  as 
there  is  neither  an  express  or  implied  authority  in  the  law  to  submit  the  consti 
tution  of  Kansas  to  the  vote  of  the  inhabitants  of  the  territory,  the  step  would 
be  an  illegal  and  invalid  usurpation  of  power.  The  proposition  is  too  plain  to 
allow  of  controversy.  Submit  it  to  any  lawyer  in  the  land,  from  Chief  Justice 
Taney  or  Reverdy  Johnson  to  the  poorest  pettifogger  in  the  most  obscure  coun 
try  village,  and  the  instant  answer  will  be  that  the  convention  in  Kansas  has 
no  right  to  submit  the  constitution  to  a  popular  vote.  The  journals  of  the 
north  concede  the  point,  and  declaim  against  the  law  calling  the  convention  on 
the  ground  that  it  makes  no  provision  for  a  popular  vote  on  the  constitution. 
Why  then  does  Governor  Walker  raise  the  question  ?  It  is  especially  surpris 
ing  that  he  should  assume  an  undeniably  untenable  position." 

Such  is  a  brief  history  of  the  troubles  in  Kansas  down  to  the  summer  of 
185?.  The  constitutional  convention  met  at  Lecompton  in  September,  was 
duly  organized,  and  then  adjourned  to  meet  again  on  the  25th  of  October. 


STATISTICAL  TABLES.  807 


CHAPTER    XXXIV. 

STATISTICAL  TABLES  CONSTRUCTED  FROM  THE  CENSUS  OF  1850. 

TERRITORY  —  Area  of  Free  States  ;  area  of  Slave  States.  —  POPULATION  —  Free  colored  in  Free 
States  ;  Free  colored  in  Slave  States  ;  Slaves.  —  Amalgamation  ;  Mulattoes  of  Free  States; 
Mulattoes  of  Slave  States  ;  Proportion  to  Whites.  —  Manumitted  Slaves  ;  Fugitive  Slaves; 
Occupation  of  Slaves  ;  Number  of  Slave  Holders  ;  Proportion  to  Non-Slave  Holders.  — 
REPRESENTATION  —  Number  of  Representatives  from  Slave  States.  —  Number  of  Repre 
sentatives  from  Free  States  ;  Basis  in  numbers  and  classes.  —  MORAL  AXD  SOCIAL  — 
Churches,  Church  Property,  Colleges,  Public  Schools,  Private  Schools  ;  N'imber  of 
Pupils  ;  Annual  Expenditure  ;  Persons  who  cannot  read  and  write  ;  Lands  appropriated 
by  General  Government  for  Education  ;  Periodical  Press  ;  Libraries.  —  CHARITIES  —  Pau 
perism  in  Free  States  ;  in  Slave  States.  —  CRIMINALS  —  Number  of  Prisoners.  —  AGRICUL 
TURE  —  Value  of  Farms  and  Implements  in  Free  and  Slave  States.  —  MANUFACTURES, 
MINING,  MECHANIC  ARTS  —  Capital  invested;  Annual  Product.  —  RAIL  ROADS  AND  CA 
NALS  —  Number  of  Miles  ;  Cost.  —  TOTAL  REAL  ANP  PERSONAL  ESTATE.  —  Value  of  Real 
Estate  in  Free  States  ;  in  Slave  States  ;  value  of  Personal  in  Free  States  ;  in  Slave 
States,  including  and  excluding  Slaves.  —  Miscellaneous. 


T 


HE  United  States  consist  at  the  present  time  of  thirty-one  independent 

states,  and  eight  organized  territories,  including  the  District  of  Columbia. 

y£?fyij  $ 

TERRITORY. 

•'*4>$  '•*_,   •  -•«-«  '    •• 

AREA  IN  SQUARE  MILES  OF  THE  FREE  STATES. 

California.. ..155,980          New  Hampshire 9,280 

Connecticut. »%*-r^'      4'6^4          New  York 47,000 

Illinois,. 55,405          NewJersey 8,320 

Indiana... 33,809          Ohio -....  39,964 

Iowa 50,914          Pennsylvania 46,000 

Maine    ... 31,766          Rhode  Island __.  1,306 

Massachusetts 7,800          Vermont.. __.  10,212 

Michigan 56,243          Wisconsin ..  53,924 

Total  area  of  the  Free  States 612,597 

AREA  IN  SQUARE  MILES  OF  THE  SLAVE  STATES. 

Alabama 50,722          Maryland     _  11,124 

Arkansas • 52,198          Mississippi 47,156 

District  of  Columbia 60          Missouri 67,380 

Delaware 2,120          North  Carolina 50,704 

Florida..,. _.     59,268          South  Carolina 29,385 

Georgia _ 58,000          Tennessee _.  45,600 

Kentucky... 37,680          Texas 237,504 

Louisiana 41,255          Virginia 61,352 

Total  area  of  the  Slave  States 851,500 

Area  of  the  thirty-one  states  in  square  miles —     1,464,105 

Area  of  the  territories  in  square  miles 1,472,061 

* 


808  STATISTICAL  TABLES. 

POPULATION. 

White  population  in  the  Free  States _ 13,330650 

White  population  in  the  Slave  States _ 6,222,418 

Free  colored  population  of  Free  States.. 196,016 

Free  colored  population  of  Slave  States 238,187 

Slaves 3,204,313 

Proportion  of  colored  to  white  in  Free  States Ito  68 

Proportion  of  colored  to  white  in  Slave  States Ito     2 

FREE  COLORED  IN  FREE  STATES. 

California. 962          New  Hampshire 520 

Connecticut _        7,693          New  York 49,069 

Illinois _ 5,436          New  Jersey ...  23,810 

Indiana 11,262          Ohio.. 25,279 

Iowa 333          Pennsylvania 53,626 

Maine 1,356          Rhode  Island 3,670 

Massachusetts _        9,064          Vermont 718 

Michigan 2,583          Wisconsin _ 635 

Total _ ..196,016 

FREE  COLORED  IN  SLAVE  STATES. 

Alabama.. .„ 2,265          Maryland 74,723 

Arkansas 608          Mississippi 930 

District  of  Columbia 10,059          Missouri 2,618 

Delaware 18,733          North  Carolina 27,463 

Georgia  .._ 2,932          South  Carolina 8,960 

Florida 932          Tennessee 6,422 

Kentucky 10,011          Texas 397 

Louisiana _..      17,462         Virginia 54,333 

Total 238,187 

SLAVE  POPULATION. 

Alabama 342,844          Maryland 90,368 

Arkansas -     47,100          Mississippi 309,878 

District  of  Columbia 3,687          Missouri... _ _     87,422 

Delaware 2,290          North  Carolina 288,548 

Georgia 381,682          South  Carolina 384,984 

Florida 39,310          Tennessee ...239,459 

Kentucky 210,981          Texas _.     58,161 

Louisiana 244,809         Virginia 472,528 

Total _ 3,204,313 

MULATTO  POPULATION  OP  FREE  STATES. 

California 87          New  Hampshire 184 

Connecticut  ___ 1,798         New  Jersey _ 3,697 

Illinois 2,506          New  York 8,189 


STATISTICAL  TABLES.  809 

Indiana  ...:.... 5,321          Ohio !tt#Uij5r&yfe».:  14,265 

Iowa __ 155          Pennsylvania 15,841 

Maine 461          Rhode  Island „_.- 731 

Massachusetts __        2,340          Yermont .  206 

Michigan    1,118          Wisconsin.... 297 

Total ....56,646 

MULATTO  POPULATION  OP  SLAVE  STATES. 

Free.  Slaves.  Total. 

Alabama _ _..     1,698  21,605  23,303 

Arkansas 407  6,361  6,768 

District  of  Columbia 3,276  802  4,078 

Delaware ..... 1,648  83  1,731 

Florida 703  3,022  3,725 

Georgia 1,528  22,669  24,197 

Kentucky 2,630  29,729  32,359 

Louisiana... 14,083  19,835  33,918 

Maryland   13,614  7,889  21,503 

Mississippi.. .:  •„"•*•'     635  19,730  20,365 

Missouri 931  13,235  14,166 

North  Carolina 17,205  16,815  34,020 

South  Carolina .--.-  —     4.3^2  12,502  16,874 

Tennessee  ...._„,._ 3,766  20,356  24,132 

Texas '257  7,703  7,960 

Virginia.,..,.., 35,476  44,299  79,775 


Total     102,239  246,635  348,874 

Mulatto  population  of  Free  States  . ; 56,646 

Mulatto  population  of  Slave  States Free,  102,239 

Slave,  246,635 348,874 

White  population  of  Free  States.  ...13,330,650 

Mulatto  population  of  Free  States..        56,646 Proportion,  1  to  235 

White  population  of  Slave  States  ..    6,222,418 

Mulatto  population  of  Slave  States..      348,874       Proportion,  1  to    18 

MANUMITTED  AND  FUGITIVE    SLAVES  IN  1850. 


States.                   Manumitted.  Fugitive.  States.             Manumitted  Fugitive. 

Alabama  ._   ...",._       16  29          Missouri  50  60 

Arkansas    1  21          Mississippi     6  41 

Delaware 277  26          North  Carolina 2  64 

Florida 22  18          South  Carolina 2  16 

Georgia 19  89          Tennessee..  _ _       45  70 

Kentucky 152  96          Texas     5  29 

Louisiana 159  90          Virginia 218  83 

Maryland... 493  279                                           

Total 1,467  1,011 

52 


810  STATISTICAL  TABLES. 

On  the  schedules  1,467  slaves  are  returned  in  1850  as  emancipated  in  the 
slaveholding  states  during  the  previous  year.  The  number  of  slaves  who  had 
absconded  during  the  year  1849-50,  and  had  not  been  heard  from,  was  1,011 
by  the  reports. 

.•.^W'       $ti'i 
Proportion  of  Fugitive  Slaves one  in  3,200 

Proportion  of  Manumitted  Slaves one  in  2,200 

In  Maryland  there  was  one  fugitive  in  320  slaves ;  in  Virginia  there  was 
one  in  5,695  ;  in  Missouri,  one  in  1,450;  in  Kentucky,  one  in  2,100;  in  Geor 
gia,  one  in  2, TOO  ;  and  in  Louisiana,  one  in  4,000. 

Deaf  and  Dumb  Slaves . — .C^-"-"     531 

Blind 1,387 

Insane 327 

Idiotic 1,182 

'    Total _-    3,427 

OCCUPATIONS  OP  SLAVES. 

Residents  of  Towns _ -      400,000 

Rural _ 2,804,313 

Of  the  latter  class  2,500,000  are  directly  employed  in  agriculture,  including 
males  and  females,  and  persons  of  all  ages.  Slaves  under  10  and  over  60 
years  of  age  are  seldom  employed  industrially.  These  2,500,000  are  dis 
tributed  between  the  great  staples  of  the  south  in  something  like  the  following 
proportions,  bearing  in  mind  that  large  quantities  of  breadstuff's  are  produced 
in  addition : 

Hemp.__ _ 60,000 

Rice 125,000 

Sugar _ 150,000 

Tobacco 350,000 

Cotton,  &c - 1,815,000 

NUMBER  OF  SLAVE  HOLDERS. 

Alabama ...'29,295  Maryland  ._:7t:^f:j': 16,040 

Arkansas 5,999  Mississippi 23,116 

District  of  Columbia 1,477  Missouri 19,185 

Delaware ' 809  North  Carolina 28,303 

Florida 3,520  South  Carolina 25,596 

Georgia. ._ 38,456  Tennessee 33,864 

Kentucky 38,385  Texas 7,747 

Louisiana 20,670  Virginia 55,063 

Total  ...       347,525 

'#S  f,t.  .    /.»V,  •**         ^ 


STATISTICAL  TABLES.  811 

I  , 

PROPORTION  OF  SLAVE  HOLDERS  TO  NON- SLAVE  HOLDERS  IN  THE  SLAVE 

STATES. 

States.  Slave  Holders.  Non-Slave  Holders. 

Alabama 29,295  397,219 

Arkansas 5,999  156,190 

District  of  Columbia 1,477  36,464 

Delaware 809  70,360 

Florida 3,520  43,683 

Georgia 38,456  483,116 

Kentucky... _ 38,385  723,028 

Louisiana 20,670  234,821 

Maryland _ 16,040  401,903 

Mississippi _  23,116  272,602 

Missouri _ 19,185  572,819 

North  Carolina 28,303  524,725 

South  Carolina 25,596  248,967 

Tennessee _ 33,864  722,972 

Texas _ 7,747  146,287 

Virginia 55,063  839,737 


347,525  ^     ,^^.,5,873,893 

REPRESENTATION  IN  CONGRESS.— SLAVE  STATES. 

States.                           Slaves.  Free  Colored,  White.            No.  of 

Alabama 342,844  2,265  426,514  7 

Arkansas 47,100  608  162,189  2 

Delaware.. 2,290  18,073  71,169  1 

Florida 39,310  932  47,203  1 

Georgia 381,682  2,932  521,572  8 

Kentucky 210,981  10,011  761,413  10 

Louisiana  244,809  17,462  255,491  4 

Maryland 90,368  74,723  417,943  6 

Mississippi 309,878  930  295,718  5 

Missouri 87,422  2,618  592,004  7 

North  Carolina  ...  288,548  27,463  - -..  ,      553,028  8 

South  Carolina  ...  384,984  8,960  274,563  6 

Tennessee 239,459  6,422  756,836  10 

Texas 58,161  397  154,034  2 

Tirginia   ._ 472,528  54,333  894,800  13 

3,200,626  238,187  6,222,418  90 


812  STATISTICAL  TABLES. 

••  . 

REPRESENTATION  IN  CONGRESS. — FREE  STATES. 

States.                                         Colored.  White.                   No.  of  Raps. 

California _ 962  91,635  2 

Connecticut. 7,693  363,099  4 

Illinois 5,436  846,034  9 

Indiana - 11,262  977,154  11 

Iowa 333  191,881  2 

Maine... 1,356  581,813  6 

Massachusetts 9,064  985,450  11 

Michigan  2,583  395,071  4 

New  Hampshire 520  317,456  3 

New  York 49,069  3,048,325  33 

New  Jersey 23,816  465,509  5 

Ohio.. ..25,279  1,955,050  21 

Pennsylvania 53,626  2,258,160              /^./  25 

Rhode  Island 3,670  143,875  2       . 

Yermont - 718  313,402  3 

Wisconsin  _                                  635  304,756  3 


196,016  13,330,650  144 

Northern  Representatives  based  on  White  Pop"lation _ 41* 

Northern  Representatives  based  on  Colored  Population  - 2 

Southern  Representatives  based  on  White  Population 68 

Southern  Representatives  based  on  Free  Colored  Population.. '.' ;_* '-<  2 

Southern  Representatives  based  on  Slave  Population 20 

Ratio  of  Representation  for  1853,  . .  93,420 
'' 


IT-  ^ 


STATISTICAL  TABLES. 


813 


MORAL  AND  SOCIAL. 

RELIGIOUS  WORSHIP. 

Slave  States.  No.  of  Churches.       Value  Church  Property.       Church  Accommodations. 

Alabama 1,325            .       $1,131,616  440,155 

Arkansas       _. 362  89,315  60,226 

District  of  Columbia ..        46  363,000  34,120 

Delaware 180  340,345  55,741 

Florida 177  165,400  44,960 

Georgia.. 1,862  1,269,359  632,992 

Kentucky 1,849  2,251,918  673,528 

Louisiana..   . . -.  'i^v   307  1,782,470  109,615 

Maryland ....      909  3,947,884  379,465 

Mississippi 1,016  755,542  294,104 

Missouri 909  1,587,410  264,979 

North  Carolina .   1,787  905,573  574,924 

South  Carolina  1,182  2,172,246  460,450 

Tennessee  -. .     2,027  1,216,201  628,495 

Texas 328  206,930  64,155 

Virginia 2,386  2,860,876  858,086 

Totals  .   .16,652  $22,142,085  5,574,995 
RELIGIOUS  WORSHIP. 

Free  States,  No.  of  Churches.       Value  Church  Property.          Church  Accommodation*. 

California .        28  $      267,800  10,020 

Connecticut 734  3,555,194  307,299. 

Illinois     ...  1,223  1,482,185  486,576 

Indiana 2,035  1,529,585       jj"         709,655 

Iowa 207  177,425  43,529 

Maine      945  1,725,845  321,167 

Massachusetts 1   1,447  10,206,184  692,828 

Michigan...   399  723,600  120,117 

New  Hampshire 626  1,405,786  237,417 

New  Jersey 814  3,680,936  345,733 

New  York 4,169  21,219,207  1,915,179 

Ohio  .... 3,939  5,793,099  1,457,769 

Pennsylvania 3,596  11,586,315  1,576,245 

Rhode  Island _.      231  1,254,400  102,040 

Vermont 599  1,216,125  234,534 

Wisconsin 365  353,900  97,773 


Totals  ..-21,357 


$65,167,586 


8,647,881 


814 


STATISTICAL  TABLES. 


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STATISTICAL  TABLES. 


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816  STATISTICAL  TABLES. 


Estimated  Educational 

Income  in  Free  States  10,962,368 

PERSONS  OVER  20 

YEARS  OP  AGE  WHO  CANNOT  READ  AND  WRITE. 

SLAVE  STATES. 

WHITES.     FREE  COLOBED.      WHITE  &  FREE  COLORED. 

Native.         Foreign.     Aggregate. 

Alabama  ,  

33,757          235        33,853        139        33,902 

Arkansas  -.  

....    16,819           116         16,908           27         16,935 

District  of  Columbia  __. 

.._.      1,457        3,214           4,349         322           4,671 

Delaware  

4,536       5,645          9,777         404         10,181 

Florida  -. 

.;•„;     3,859          270          3,834         295          4,129 

Georgia  

....   41,200          467         41,261        406        41,667 

Kentucky  

....   66,687        3,019        67,359      2,347         69,706 

Louisiana  

....    21,221        3,389         18,339      6,271         24,610 

Maryland   

....    20,815      21,062         38,426      3,451         41,877 

Mississippi  

.     .    13,405           123         13,447           81         13,528 

Missouri  . 

...   36,281          497         34,917      1,861         36,778 

North  Carolina    .  _  

...    73,566        6,857         80,083         340         80,423 

South  Carolina  .  .  _  

....    15,684           880         16,460         104         16,564 

Tennessee  *,.  

...   77,522       1,097         78,114        505         78,619 

Texas  

....    10,525             58           8,095      2,488         10,583 

Virginia  

77,005      11,515        87,383      1,137         88,520 

Totals 

....514,339      58,444      552,605    20,178      572,782 

PERSONS  OVER  20 

YEARS  OF  AGE  WHO  CANNOT  READ  AND  WRITE. 

FREE  STATES. 

WHITES.     FREE  COLORED.       WHITE  &  FREE  COLORED. 

Native.         Foreign.     Aggregate. 

California  

.__     5,118          lit           2,318       2,917         5,235 

Connecticut  

...     4,739          567           1,293       4,013         5,306 

Illinois  

__  40,054        1,229         35,336        5,947       41,283 

Indiana  .     :  

...  70,540       2,170         69,445        3,265       72,710 

Iowa  

._.     8,120            33           7,076        1,077         8,153 

Maine  , 

...     6,147           135            2,134        4,148         6,282 

Massachusetts  

...   27,539           806            1,861      26,484       28,345 

Michigan  

...     7,912          369           5,272        3,009         8,281 

New  Hampshire  

...     2,957             52               945        2,064         3,009 

New  Jersey..  

...  14,248       4,417          12,787        5,878       18,665 

New  York  

..  91,293       7,429         80,670      68,052       98,722 

Ohio  _.. 

.  61,030        4,990          56,958        9,062       66,020 

Pennsylvania  

...  66,928        9,344          51,283      24,989       76,272 

Rhode  Island  

...     3,340           267            1,248        2,359         3,607 

Vermont  „»*,»;« 

...     6,189             51               616        5,624         6,240 

Wisconsin  

6,361             92            1,551        4,902         6,453 

Totals..    422,515  32,068   280,793  173,790  454,583 


STATISTICAL  TABLES. 


817 


LANDS  APPROPRIATED  BY  GENERAL  GOVERNMENT  FOR  EDUCATIONAL 


PURPOSES  TO  JANUARY  1,  1854. 
Slave  States.  Acres  for  Schools. 

Missouri    1,199,139 

Alabama 902,774 

Mississippi 837,584 

Louisiana 786,044 

Arkansas _ 886,460 

Florida 908,503 

Tennessee 3,553,824* 


Acres  for  Universities. 
23,040 
23,040 
23,040 
46,080 
46,080. 
46,080 


Total 9,074,328 

Free  States.  Acres  for  Schools. 

Ohio... 704,488 

Indiana _       650,317 

Illinois.. 978,755 

Michigan.. 1,067,397 

Iowa... _       905,144 

Wisconsin 958,648 

California 6,719,324 


Total 11,984,073 


207,360 

Acres  for  Universites. 
23,040 
23,040 
23,040 
46,080 
46,080 
46,080 
46,080 

253,440 


NEWSPAPER  AND  PERIODICAL  PRESS. 

Aggregate  number  of  copies  printed  annually  in  Slave  States..     92,165,919 
Aggregate  number  of  copies  printed  annually  in  Free  States  . .  334,146,081 

LIBRARIES. 

Libraries.  Volumes. 

Libraries  other  than  Private  in  Slave  States..          722  742,794 

Libraries  other  than  Private  in  Free  States  . ,      14,902  3,882,217 

These    Libraries  include  Public,   School,  Sunday   School,  College    and 
Church. 

*  Forty  thousand  dollars  of  proceeds  to  be  applied  to  establish  and  support  a  College. 


818 


STATISTICAL  TABLES. 


CHARITIES. 

PAUPERISM. — WHOLE  NUMBER  OF  PERSONS  JUNE  1, 1850. 

Native.  Foreign. 


Slave  States. 

.Alabama   306 

A-kansas _.        (57 

Delaware '. 240 

Florida 58 

Georgia 825 

Kentucky 690 

Louisiana , 76 

Maryland _ 1,681 

Mississippi  .. :_'___' 245 

Missouri .... ._ „__      251 

North  Carolina _ l,56t 

South  Carolina '__. 1,113 

Tennessee. __ 577 

Texas 4 

Virginia    ' _ _     4,356 


Totals.. 


12,056 
Native. 


Free  States.  , 

California __ _    

Connecticut 1,463 

Illinois 279 

Indiana vsftrW    446 

Iowa 27 

Maine _ _ 3,209 

Massachusetts __  4,059 

Michigan 248 

New  Hampshire ..  1,998 

New  Jersey 1,339 

New  York... 5,755 

Ohio _. 1,254 

Pennsylvania 2,654 

Rhcde  Island 492 

Vermont 1,565 

Wisconsin 72 


9 

33 
4 

29 

87 

30 
320 

12 
254 

13 
180 

14 

102 
1,087 

Foreign. 


281 

155 

137 

17 


1,490 
181 
186 


Totals 24,860 


12,350 


Total. 

315 

67 

273 

62 

854 

777 

106 

2,001 
257 
505 

1,580 

1,293 
594 

* 
4,458 

13,143 

Total 


37,210 


CRIMINAL  STATISTICS. 
SLAVE  STATES. — Number  in  State  Prisons  and  Penitentiaries : 

Whites— Native    . .    988 

Foreign 370 

Colored,  including  slaves..      323 Total 1,68] 


STATISTICAL  TABLES.  819 

FREE  STATES. — Number  in  State  Prisons  and  Penitentiaries: 

Whites— Native 2,271 

Foreign 1,129 

Colored 565 Total.      3,965 

INDUSTRY. 
FARMING  LANDS  AND  IMPROVEMENTS. 

SLAVE  STATES.                                             Cash  value  of  Farms  Value  of  Fanning;  I  in  pic  menU 

and  Plantations.  and  Machinery. 

Alabama $64,323,224  $5,125,663 

Arkansas      J 15,265,245  1,601,296 

District  of  Columbia 1,130,460  40,220 

Delaware _.      18,880,031  510,279 

Florida 6,323,109  658,795 

Georgia 95,753,445  5,894,150 

Kentucky. 155,021,262  5,169,037 

Louisiana 75,814,398  11,576,938 

Maryland    - ! 87,178,545  2,463,443 

Mississippi    54,738,634  5,762,927 

Missouri... 63,225,543  3,981,525 

North  Carolina 67,891,766  3,931,532 

South  Carolina 82,431,684  4,136,354 

Tennessee .  _ 97,851,212  5,360,210 

Texas. 16,550,008  2,151,704 

Virginia.. 4^.^^...    216,401,543  7,021,762 

Totals $1,119,380,109  $65,386,045 

FARMING  LANDS  AND  IMPROVEMENTS. 

FRBB  STATBS.                                              Cash  value  of  Farms  Value  of  Farming  Implement* 

and  Plantations.  and  Machinery. 

California  .    $3,874,041  $103,483 

Connecticut -^.^4^: 72,726.422  1,892,541 

Illinois 96,133,290  6,405,561 

Indiana 136,385,173  6,704,444 

Iowa   16,657,567  1,172,869 

Maine... 54,861,748  2,284,557 

Massachusetts 109,076,347  3,209,584 

Michigan 51,872,446  2,891,371 

New  Hampshire 55,245,997  2,314,125 

New  Jersey 120,237,511  4,425,503 

New  York _.    554,546,642  22,084,926 

Ohio 358,758,603  12,750,585 

Pennsylvania _    407,876,099  4*     14,722,541 

Rhode  Island 17,070,802  497,201 

Vermont 63,367,227  2,739,282 

Wisconsin 28,528,563  1,641,568 


Totals $2,147,218,478  $85,840,141 

'?••- 


820 


STATISTICAL  TABLES. 


MANUFACTURES,  MINING  AND  MECHANIC  ARTS. 

SLAVE  STATES.                                             Capital  Invested.  Raw  Material  used.  Annual  Product. 

Alabama $3,450,606  $2,224,960  $4,528,878 

Arkansas 324,065  268,564  607,436 

District  of  Columbia 888,965  1,339,146  2,493,008 

Delaware 2,978,945  2,864,607  4,649,296 

Florida  547,060  220,611  668,335 

Georgia 5,460,483  3,404,917  7,086,525 

Kentucky... 12,350,734  12,170,225  24,588,483 

Louisiana 5,318,074  2,958,988  7,320,948 

Maryland ..     14,753,143  17,326,734  32,477,702 

Mississippi _ 1,833,420  1,290,271  2,972,038 

Missouri 9,079,695  12,446,738  23,749,265 

North  Carolina 7,252,225  4,805,463  9,111,245 

South  Carolina.. 6,056,865  2,809,534  7,063,513 

Tennessee 6,975,279  4,900,952  9,728,438 

Texas. 539,290  394,642  1,165,538 

Virginia. 18,109,993  18,103,433  29,705,387 

Totals   ... $95,918,842  $87,529,785  $167,906,035 

MANUFACTURES,  MINING  AND  MECHANIC  ARTS. 

FREE  STATES.                                               Capital  Invested.  Raw  Material  used.  Annual  Product. 

California $1,006,197  $1,201,154  $12,862,522 

Connecticut.. 23,890,348  23,589,397  45,110,102 

Illinois.   6,385,387  8,915,173  17,236,073 

Indiana _ 7,941,602  10,214,337  18,922,651 

Iowa....: _ 1,292,875  2,356,881  3,551,783 

Maine .     14,700,452  13,555,806  24,664,135 

Massachusetts 83,357,642  85,856,771  151,137,145 

Michigan   6,534,250  6,105,561  10,976,894 

New  Hampshire 18,242,114  12,745,466  23,164,503 

New  Jersey..   22,184,730  21,992,186  39,713,586 

New  York 99,904,405  134,655,674  237,597,249 

Ohio 29,019,538  34,677,937  62,647,259 

Pennsylvania 94,473,810  87,206,377  155,044,910 

Rhode  Island. _     12,923,176  13,183,889  22,093,258 

Vermont 5,001,377  4,173,552  8,570,920 

Wisconsin 3,382,148  5,414,931  9,293,068 

Totals $431,290,351  $467,125,253  $845,430,428 

RAIL  ROADS  AND  CANALS  IN  1854. 

Miles  of  Canals          Miles  of  Railroads.         Cost  of  Railroads. 

Slave  States 1,116  4,212  $92,620,204 

Free  States 3,682  13,105  $396,980,924 


STATISTICAL  TABLES.  821 

>xvi.h'~.2f'''s  :  :*^*a*?Tr, -      -.-'V^r?  - 

REAL  AND  PERSONAL  ESTATE. 

Slave  States.  Real  Estate  Personal  Estate  including  Slaves.              Total. 

Alabama.- $78,870,718  .!«*     $162,463,705              $241,334,423 

Arkansas   17,372,524  19,056,151  36,428,675 

District  of  Columbia  14,409,413  1,774,342  16,183,755 

Delaware 14,486,595  1,410,275  15,896,870 

Florida 7,924,588  15,274,146  23,198,734 

Georgia... 121,619,739  213,490,486  335,110,225 

Kentucky  .. 177,013,407  114,374,147  291,387,554 

Louisiana 176,623,654  49,832,464  226,456,118 

Maryland ....  139,026,610  69,536,956"  208,563,566 

Mississippi    65,171,438  143,250,729  208,422,167 

Missouri 66,802,223  36,793,240  98,595,463 

North  Carolina  ...  71,702,740  140,368,673  212,071,413 

South  Carolina  :..  105,737,492  178,130,217  283,867,709 

Tennessee 107,981,793  87,299,565     .  195,281,358 

Texas 28,149,671  25,414,000  53,563,671 

Virginia 252,105,824  130,198,429  383,304,253 


Totals $1,444,998,429  $1,383,667525  $2,828,665,954 

REAL  AND  PERSONAL  ESTATE. 

Free  States.                              Real  Estate.  Personal  Estate.  Total. 

California ,__.    $16,347,442  $5,575,731  $21,923,173 

Connecticut   ..._   .      96,412,947  22,675,725  119,088,672 

Illinois 81,524,835  33,257,810  114,782,645 

Indiana 112,947,740  39,922,659  152,870,399 

Iowa     _ 15,672,332  6,018,310  21,690,642 

Maine 1 64,336,119  32,463,434  96,799,553 

Massachusetts 349,129,932  201,976,892  551,106,824 

Michigan   25,580,371  5,296,852  30,877,223 

New  Hampshire  ...     67,839,108  27,412,488  95,251,596 

New  Jersey _   153,151, 619  30,000,000  183,151,619 

New  York 564,649,649  150,719,379  715,369,028 

Ohio 337,521,075  96,351,557  433,872,632 

Pennsylvania 427,865,660  72,410,191  500,275,851 

Rhode  Island 54,358,231  23,400,743  77,758,974 

Vermont 57,320,369  15,660,114  72,980,483 

Wisconsin .,     22,468,442  4,257,083  26,715,525 


Totals $2,447,115,871  $9767,398,968  $3,214,514,839 


822  STATISTICAL  TABLES. 

Value  of  Real  Estate  in  Free  States...  ..................  $2,447,115,871 

Value  of  Real  Estate  in  Slave  States.  ...................  1,444,998,429 

Value  of  Personal  Estate  in  Free  States  _______  ........  ..  $767,398,968 

Value  of  Personal  Estate  in  Slave  States  including  Slaves-.  1,383,667,525 

Value  of  Personal  Estate  in  Slave  States  excluding  Slaves  422,373,625 

Total  value  of  Real  and  Personal  Estate  in  Free  States..  .  $3,214,514,839 
Total  value  of  Real  and  Personal  Estate  in  Slave  States  in 

cluding  Slaves      ^.'.  r;.rv«~     ........  '^r]f^r  ____  $2,828,665,954 

Total  value  Real  and  Personal  Estate  in  Slave  States  exclud 

ing  Slaves  ----  -r^r  *£•  .............  -rs  «r  w  .....  $1,867,372,054 

Estimated  average  value  of  Slaves,  in  above  calculation,  $300. 


SLAVE  LABOR  PRODUCTS  IN  1850. 

Cotton  ..................  .  .....................  $98,603,720 

Tobacco  ____  .................  _  ..............  .._  13,982,686 

Cane  Sugar...  ..........................  .......  12,378,850 

Hemp  ..............................  ?--*-•*  *•  ____  5,000,000 

Rice  .....  .....................................  4,000,000 

Molasses  ...........  -----  .......  ---------  ......  2,540,179 


$136,505,435 

SLAVE  POPULATION  IN  AMERICA. 

In  United  States •_ _.  3,204,313 

"  Brazil 3,250,000 

"  Spanish  Colonies _ 900,000 

"  Dutch  Colonies 85,000 

"  South  American  Republics 140,000 


SUPREME   GOUET  OF   THE    UNITED   STATES. 


CASE  OP  DRED  SCOTT  vs.  SANDFORD. 

THE  Supreme  Court  of  the  United  States,  at  the  December  term,  in  1856, 
gave  its  decision  in  what  is  popularly  known  as  the  "  Dred  Scott  case."  This 
case  involved  not  only  private  rights  but  constitutional  principles  of  the  highest 
importance.  In  reference  to  the  questions  involved,  Judge  Daniel  declared, 
that  since  the  establishment  of  the  several  communities  now  constituting  the 
states  of  this  confederacy,  there  never  had  been  submitted  to  any  tribunal  within 
its  limits,  questions  surpassing  in  importance  those  submitted  in  this  case  to 
the  consideration  of  the  court.  Judge  Wayne  remarked,  that  there  had  be 
come  such  a  difference  of  opinion  in  respect  to  the  questions  presented  that 
th«  peace  and  harmony  of  the  country  required  the  settlement  of  them  by 
judicial  decision. 

STATEMENT   OP   THE   CASE. 

This  case,  Dred  Scott  vs.  Sandftml,  was  brought  up  by  writ  of  error  from 
the  circuit  court  of  the  United  States  for  the  district  of  Missouri.  It  was  an 
nction  for  trespass  vi  et  armis  instituted  in  the  circuit  court  by  Scott  against 
o^ndford. 

Prior  to  the  institution  of  the  present  suit,  an  action  was  brought  by  Scott 
for  his  freedom  in  the  circuit  court  of  St.  Louis  county,  (state  court,)  where 
there  was  a  verdict  and  judgment  in  his  favor.  On  a  writ  of  error  to  the  su 
preme  court  of  the  state,  the  judgment  below  was  reversed,  and  the  case 
remanded  to  the  circuit  court,  where  it  was  continued  to  await  the  decision  of 
the  case  now  in  question. 

The  declaration  of  Scott  contained  three  counts  ;  one,  that  Sandford  had  as 
saulted  the  plaintiff;  one,  that  he  had  assaulted  Harriet  Scott,  his  wife;  and 
one,  that  he  had  assaulted  Eliza  Scott  and  Lizzie  Scott,  his  children. 

Sandford  appeared  and  filed  the  following  plea  :  "And  the  said  John  P.  A. 
Sandford,  in  his  own  proper  person,  comes  and  says  that  this  court  ought  not  to 
have  or  take  further  cognizance  of  the  action  aforesaid,  because  he  says  that 


824  APPENDIX. 

said  cause  of  action,  and  each  and  every  of  them,  (if  any  such  have  accrued  to  tha 
said  Dred  Scott,)  accrued  to  the  said  Dred  Scott  out  of  the  jurisdiction  of 
this  court,  and  exclusively  within  the  jurisdiction  of  the  courts  of  the  state  of 
Missouri,  for  that,  to  wit :  the  said  plaintiff,  Dred  Scott,  is  not  a  citizen  of 
the  state  of  Missouri,  as  alleged  in  his  declaration,  because  he  is  a  negro  of 
African  descent ;  his  ancestors  were  of  pure  African  blood,  and  were  brought 
into  this  country  and  sold  as  negro  slaves,  and  this  the  said  Sandford  is  ready  to 
verify.  Wherefore,  he  prays  judgment  whether  this  court  can  or  will  take  fur 
ther  cognizance  of  the  action  aforesaid. " 

To  this  plea  there  was  a  demurrer  in  the  usual  form,  which  was  argued  in 
April,  1854,  when  the  court  gave  judgment  that  the  demurrer  should  be  sus 
tained. 

In  May,  1854,  the  defendant,  in  pursuance  of  an  agreement  between  counsel, 
and  with  the  leave  of  the  court,  pleaded  in  bar  of  the  action  :  1.  Not  guilty. 
2.  That  the  plaintiff  was  a  negro  slave,  the  lawful  property  of  the  defendant, 
and,  as  such,  the  defendant  gently  laid  his  hands  upon  him,  and  thereby  had 
only  restrained  him,  as  the  defendant  had  a  right  to  do.  3.  That  with  respect 
to  the  wife  and  daughters  of  the  plaintiff,  in  the  second  and  third  counts  of  the 
declaration  mentioned,  the  defendant  had,  as  to  them,  only  acted  in  the  same 
manner,  and  in  virtue  of  the  same  legal  right. 

In  the  first  of  these  pleas,  the  plaintiff  joined  issue  ;  and  to  the  second  and 
third,  filed  replications  alleging  that  the  defendant,  of  his  own  wrong  and  with 
out  the  cause  in  his  second  and  third  pleas  alleged,  committed  the  trespasses, 
&c.  The  counsel  then  filed  the  following  agreed  statement  of  facts,  viz  : 

In  the  year  1834,  the  plaintiff  was  a  negro  slave  belonging  to  Dr.  Emerson, 
who  was  a  surgeon  in  the  army  of  the  United  States.  In  that  year,  1834,  said 
Dr.  Emerson  took  the  plaintiff  from  the  state  of  Missouri  to  the  military  post 
at  Rock  Island,  in  the  state  of  Illinois,  and  held  him  there  as  a  slave  until 
the  month  of  April  or  May,  1836.  At  the  time  last  mentioned,  said  Dr.  Em 
erson  removed  the  plaintiff  from  said  military  post  at  Rock  Island  to  the  mili 
tary  post  at  Fort  Snelling,  situate  on  the  west  bank  of  the  Mississippi  river, 
In  the  territory  known  as  Upper  Louisiana,  acquired  by  the  United  States  of 
France,  and  situated  north  of  the  latitude  of  thirty-six  degrees  thirty  minutes 
north,  and  north  of  the  state  of  Missouri.  Said  Dr.  Emerson  held  the  plain 
tiff  in  slavery  at  said  Fort  Snelling,  from  said  last  mentioned  date  until  the 
year  1838. 

In  the  year  1835,  Harriet,  who  is  named  in  the  second  count  of  the  plain 
tiff's  declaration,  was  the  negro  slave  of  Major  Taliaferro,  who  belonged  to 
the  army  of  the  United  States.  In  that  year,  1835,  said  Major  Taliaferro  took 
said  Harriet  to  said  Fort  Snelling,  a  military  post,  situated  as  hereinbefore 
stated,  and  kept  her  there  as  a  slave  until  the  year  1836,  and  then  sold  and 
delivered  her  as  a  slave  at  said  Fort  Snelling  unto  the  said  Dr.  Emerson  here 
inbefore  named.  Said  Dr.  Emerson  held  said  Harriet  in  slavery  at  said  Fort 
Snelling  until  the  year  1838. 

In  the  year  1836,  the  plaintiff  and  said  Harriet,  at  said  Fort  Snelling,  with 


APPENDIX.  825 

the  consent  of  said  Dr.  Emerson,  who  then  claimed  to  be  their  master  and 
owner,  intermarried,  and  took  each  other  for  husband  and  wife.  Eliza  and 
Lizzie,  named  in  the  third  count  of  the  plaintiffs  declaration,  are  the  fruit  of 
that  marriage.  Eliza  is  about  fourteen  years  old,  and  was  born  on  board  the 
Steamboat  Gipsey,  north  of  the  north  line  of  the  state  of  Missouri,  and  upon 
the  river  Mississippi.  Lizzie  is  about  seven  years  old,  and  was  born  in  the 
state  of  Missouri,  at  the  military  post  called  Jefferson  Barracks. 

In  the  year  1838,  said  Dr.  Emerson  removed  the  plaintiff  and  said  Harriet 
and  their  said  daughter  Eliza,  from  said  Fort  Snelling  to  the  state  of  Missouri, 
where  they  have  ever  since  resided. 

Before  the  commencement  of  this  suit,  said  Dr.  Emerson  sold  and  conveyed 
the  plaintiff,  said  Harriet,  Eliza  and  Lizzie,  to  the  defendant,  as  slaves,  and  the 
defendant  has  ever  since  claimed  to  hold  them  and  each  of  them  as  slaves. 

At  the  time  mentioned  in  the  plaintiff's  declaration,  the  defendant,  claiming 
to  be  owner  as  aforesaid,  laid  his  hands  upon  said  plaintiff,  Harriet,  Eliza  and 
Lizzie,  and  imprisoned  them,  doing,  in  this  respect,  however,  no  more  than 
what  he  might  lawfully  do  if  they  were  of  right  his  slaves  at  such  times.  • 

It  is  agreed  that  Dred  Scott  brought  suit  for  his  freedom  in  the  circuit  court 
of  St.  Louis  county ;  that  there  was  a  verdict  and  judgment  in  his  favor ;  that 
on  a  writ  of  error  to  the  supreme  court,  the  judgment  below  was  reversed, 
and  the  same  remanded  to  the  circuit  court,  where  it  has  been  continued  to 
await  the  decision  of  this  case. 

In  May,  1854,  the  cause  went  before  a  jury,  who  found  the  following  verdict, 
viz :  "As  to  the  first  issue  joined  in  this  case,  we  of  the  jury  find  the  defend 
ant  not  guilty ;  and  as  to  the  issue  secondly  above  joined,  we  of  the  jury  find 
that  before  and  at  the  time  when,  &c.,  in  the  first  count  mentioned,  the  said 
Dred  Scott  was  a  negro  slave,  the  lawful  property  of  the  defendant ;  and  as 
to  the  issue  thirdly  above  joined,  we,  the  jury,  find  that  before  and  at  the  time 
when,  &c.,  in  the  second  and  third  counts  mentioned,  the  said  Harriet,  wife  of 
said  Dred  Scott,  and  Eliza  and  Lizzie,  the  daughters  of  the  said  Dred  Scott, 
were  negro  slaves,  the  lawful  property  of  the  defendant."  Whereupon  the 
court  gave  judgment  for  the  defendant.  After  an  ineffectual  motion  for  a 
new  trial,  the  plaintiff  filed  the  following  bill  of  exceptions : 

On  the  trial  of  this  cause  by  the  jury,  the  plaintiff,  to  maintain  the  issues  on 
his  part,  read  to  the  jury  the  following  agreed  statement  of  facts,  (see  agree 
ment  above.)  No  further  testimony  was  given  to  the  jury  by  either  party. 
Thereupon  the  plaintiff  moved  the  court  to  give  to  the  jury  the  folowing  in 
struction,  viz :  "  That  upon  the  facts  agreed  to  by  the  parties,  they  ought  to 
find  for  the  plaitiff.  The  court  refused  to  give  such  instruction  to  the  jury, 
and  the  plaintiff,  to  such  refusal,  then  and  there  duly  excepted." 

The  court  then  gave  the  following  instruction  to  the  jury,  on  motion  of  the 
defendant:     "  The  jury  are  instructed,  that  upon  the  facts  in  this  case,  the  law 
is  with  the  defendant."     The  plaintiff  excepted  to  this  instruction.     Upon 
these  exceptions,  the  case  came  up  to  the  supreme  court. 
53 


826  APPENDIX. 

DECISION  OP  THE  COURT. 
I. 

1.  Upon  a  writ  of  error  to  the  Circuit  Court  of  the  United  States,  the  tran 
script  of  the  record  of  all  the  proceedings  in  the  case  is  brought  before  this 
court,  and  is  open  to  its  inspection  and  revision. 

2.  When  a  plea  to  the  jurisdiction,  in  abatement,  is  overruled  by  the  court 
upon  demurrer,  and  the  defendant  pleads  in  bar,  and  upon  these  pleas  the  final 
judgment  of  the  court  is  in  his  favor — if  the  plaintiff  brings  a  writ  of  error, 
the  judgment  of  the  court  upon  the  plea  in  abatement  is  before  this  court, 
although  it  was  in  favor  of  the  plaintiff — and  if  the  court  erred  in  overruling 
it,  the  judgment  must  be  reversed,  and  a  mandate  issued  to  the  Circuit  Court 
to  dismiss  the  case  for  want  of  jurisdiction. 

3.  In  the  Circuit  Courts  of  the  United  States,  the  record  must  show  that  the 
case  is  one  in  which,  by  the  constitution  and  laws  of  the  United  States,  the  court 
had  jurisdiction — and  if  this  does  not  appear,  and  the  court  gives  judgment 
either  for  plaintiff  or  defendant,  it  is  error,  and  the  judgment  must  be  reversed 
by  this  court — and  the  parties  cannot  by  consent  waive  the  objection  to  the 
jurisdiction  of  the  Circuit  Court. 

4.  A  free  negro  of  the  African  race,  whose  ancestors  were  brought  to  this 
country  and  sold  as  slaves,  is  not  a  "  citizen  "  within  the  meaning  of  the  Con 
stitution  of  the  United  States. 

5.  When  the  Constitution  was  adopted,  they  were  not  regarded  in  any  of 
the  States  as  members  of  the  community  which  constituted  the  State,  and  were 
not  numbered  among  its  "  people  or  citizens."    Consequently,  the  special  rights 
and  immunities  guaranteed  to  citizens  do  not  apply  to  them.     And  not  being 
"  citizens  "  within  the  meaning  of  the  Constitution,  they  are  not  entitled  to  sue 
in  that  character  in  a  court  of  the  United  States,  and  the  Circuit  Court  has 
not  jurisdiction  in  such  a  suit. 

6.  The  only  two  clauses  in  the  Constitution  which  point  to  this  race,  treat 
them  as  persons  whom  it  was  morally  lawful  to  deal  in  as  articles  of  property 
and  to  hold  as  slaves.  ''^ 

7.  Since  the  adoption  of  the  Constitution  of  the  United  States,  no  State 
can  by  any  subsequent  law  make  a  foreigner  or  any  other  description  of  per 
sons  citizens  of  the  United  States,  nor  entitle  them  to  the  rights  and  privileges 
secured  to  citizens  by  that  instrument. 

8.  A  state,  by  its  laws  passed  since  the  adoption  of  the  Constitution,  may 
put  a  foreigner  or  any  other  description  of  persons  upon  a  footing  with  its  own 
citizens,  as  to  all  the  rights  and  privileges  enjoyed  by  them  within  its  dominion 
and  by  its  laws.     But  that  will  not  make  him  a  citizen  of  the  United  States, 
nor  entitle  him  to  sue  in  its  courts,  nor  to  any  of  the  privileges  and  immunities 
of  a  citizen  in  another  state. 

9.  The  change  in  public  opinion  and  feeling  in  relation  to  the  African  race, 
which  has  taken  place  since  the  adoption  of  the  Constitution,  cannot  change  its 
construction  and  meaning,  and  it  must  be  construed  and  administered  now  ao- 
cording  to  its  true  meaning  and  intention  when  it  was  formed  and  adopted. 


APPENDIX.  827 

10.  The  plaintiff  having  admitted,  by  his  demurrer  to  the  plea  in  abatement, 
that  his  ancestors  were  imported  from  Africa  and  sold  as  slaves,  he  is  not  a 
citizen  of  the  state  of  Missouri  according  to  the  Constitution  of  the  United 
States,  and  was  not  entitled  to  sue  in  that  character  in  the  Circuit  Court. 

11.  This  being  the  case,  the  judgment  of  the  court  below,  in  favor  of  the 
plaintiff  on  the  plea  in  abatement,  was  erroneous. 

II. 

1.  But  if  the  plea  in  abatement  is  not  brought  up  by  this  writ  of  error,  the 
objection  to  the  citizenship  of  the  plaintiff  is  still  apparent  on  the  record,  as 
he  himself,  in  making  out  his  case,  states  that  he  is  of  African  descent,  was 
born  a  slave,  and  claims  that  he  and  his  family  became  entitled  to  freedom  by 
being  taken,  by  their  owner,  to  reside  in  a  territory  where  slavery  is  prohibited 
by  act  of  congress — and  that,  in  addition  to  this  claim,  he  himself  became  en 
titled  to  freedom  by  being  taken  to  Rock  Island,  in  the  state  of  Illinois — and 
being  free  when  he  was  brought  back  to  Missouri,  he  was  by  the  laws  of  that 
state  a  citizen. 

2.  If,  therefore,  the  facts  he  states  do  not  give  him  or  his  family  a  right  to 
freedom,  the  plaintiff  is  still  a  slave,  and  not  entitled  to  sue  as  a  "  citizen," 
and  the  judgment  of  the  Circuit  Court  was  erroneous  on  that  ground  also,  with 
out  any  reference  to  the  plea  in  abatement. 

3.  The  Circuit  Court  can  give  no  judgment  for  plaintiff  or  defendant  in  a 
ease  where  it  has  not  jurisdiction,  no  matter  whether  there  be  a  plea  in  abate 
ment  or  not.    And  unless  it  appears  upon  the  face  of  the  record,  when  brought 
here  by  writ  of  error,  that  the  Circuit  Court  had  jurisdiction,  the  judgment 
must  be  reversed. 

4.  When  the  record,  as  brought  here  by  writ  of  error,  does  not  show  that 
the  Circuit  Court  had  jurisdiction,  this  court  has  jurisdiction  to  revise  and  cor 
rect  the  error,  like  any  other  error  in  the  court  below.     It  does  not  and  can 
not  dismiss  the  case  for  want  of  jurisdiction  here  ;  for  that  would  leave  the  er 
roneous  judgment  of  the  court  below  in  full  force,  and  the  party  injured  with 
out  remedy.     But  it  must  reverse  the  judgment,  and,  as  in  any  other  case  of  re 
versal,  send  a  mandate  to  the  Circuit  Court  to  conform  its  judgment  to  the 
opinion  of  this  court. 

5.  The  difference  of  the  jurisdiction  in  this  court  in  the  cases  of  writs  of 
error  to  state  courts  and  to  Circuit  Courts  of  the  United  States,  pointed  out ; 
and  the  mistakes  made  as  to  the  jurisdiction  of  this  court  in  the  latter  case, 
"by  confounding  it  with  its  limited  jurisdiction  in  the  former. 

6.  If  the  court  reverses  a  judgment  upon  the  ground  that  it  appears  by  a 
particular  part  of  the  record  that  the  Circuit  Court  had  not  jurisdiction,  it  does 
not  take  away  the  jurisdiction  of  this  court  to  examine  into  and  correct,  by  a 
reversal  of  the  judgment,  any  other  errors,  either  as  to  the  jurisdiction  or  any 
other  matter,  where  it  appears  from  other  parts  of  the  record  that  the  Circuit 
Court  had  fallen  into  error.    On  the  contrary,  it  is  the  daily  and  familiar  prac 
tice  of  this  court  to  reverse  on  several  grounds,  where  more  than  one  error  ap- 


828  APPENDIX. 

pears  to  have  been  committed.  And  the  error  of  a  Circuit  Court  in  its  juris 
diction  stands  on  the  same  ground,  and  is  to  be  treated  in  the  same  manner  as 
any  other  error  upon  which  its  judgment  is  founded. 

7.  The  decision,  therefore,  that  the  judgment  of  the  Circuit  Court  upon  the 
plea  in  abatement  is  erroneous,  is  no  reason  why  the  alleged  error  apparent  in 
the  exception  should  not  also  be  examined,  and  the  judgment  reversed  on  that 
ground  also,  if  it  discloses  a  want  of  jurisdiction  in  the  Circuit  Court. 

8.  It  is  often  the  duty  of  this  court,  after  having  decided  that  a  particular 
decision  of  the  Circuit  Court  was  erroneous,  to  examine  into  other  alleged  er 
rors,  and  to  correct  them  if  they  are  found  to  exist.     And  this  has  been  uni 
formly  done  by  this  court,  when  the  questions  are  in  any  degree  connected  with 
the  controversy,  and  the  silence  of  the  court  might  create  doubts  which  would 
lead  to  further  and  useless  litigation. 

III. 

1.  The  facts  upon  which  the  plaintiff  relies,  did  not  give  him  his  freedom, 
and  make  him  a  citizen  of  Missouri. 

2.  The  clause  in  the  Constitution  authorizing  congress  to  make  all  needful 
rules  and  regulations  for  the  government  of  the  territory  and  other  property 
of  the  United  States,  applies  only  to  territory  within  the  chartered  limits  of 
some  one  of  the  states  when  they  were  colonies  of  Great  Britain,  and  which 
was  surrendered  by  the  British  government  to  the  old  confederation  of  the 
states  in  the  treaty  of  peace.     It  does  not  apply  to  territory  acquired  by  the 
present  federal  government,  by  treaty  or  conquest,  from  a  foreign  nation. 

The  case  of  the  American  and  Ocean  Insurance  Companies  v.  Canter  (1  Pe 
ters,  511)  referred  to  and  examined,  showing  that  the  decision  in  this  case  is 
not  in  conflict  with  that  opinion,  and  that  the  court  did  not,  in  the  case  refer 
red  to,  decide  upon  the  construction  of  the  clause  of  the  constitution  above 
mentioned,  because  the  case  before  them  did  not  make  it  necessary  to  decide 
the  question. 

3.  The  United  States,  under  the  present  constitution,  cannot  acquire  territory 
to  be  held  as  a  colony,  to  be  governed  at  its  will  and  pleasure.     But  it  may 
acquire  terrritory,  which,  at  the  time,  has  not  a  population  that  fits  it  to  be 
come  a  state,  and  may  govern  it  as  a  territory  until  it  has  a  population  which, 
in  the  judgment  of  Congress,  entitles  it  to  be  admitted  as  a  state  of  the  Union. 

4.  During  the  time  it  remains  a  territory,  Congress  may  legislate  over  it 
within  the  scope  of  its  constitutional  powers  in  relation  to  citizens  of  the  Unit 
ed  States — and  may  establish  a  territorial  government — and  the  form  of  this 
local  government  must  be  regulated  by  the  discretion  of  Congress — but  with 
powers  not  exceeding  those  which  Congress  itself,  by  the  constitution,  is  author 
ized  to  exercise  over  citizens  of  the  United  States,  in  respect  to  their  rights  of 
persons  or  rights  of  property. 

IV. 

1.  The  territory  thus  acquired,  is  acquired  by  the  citizens  of  the  United  States 
for  their  common  and  equal  benefit,  through  their  agent  and  trustee,  the  fede- 


APPENDIX.  829 

ral  government.  Congress  can  exercise  no  power  over  the  rights  of  persons 
or  property  of  a  citizen  in  the  territory  which  is  prohibited  by  the  constitution. 
The  government  and  the  citizen,  whenever  the  territory  is  open  to  settlement, 
both  enter  it  with  their  respective  rights  defined  and  limited  by  the  constitution. 

2.  Congress  has  no  right  to  prohibit  the  citizens  of  any  particular  state  or 
states  from  taking  up  their  home  there,  while  it  permits  citizens  of  other  states 
to  do  so.     Nor  has  it  a  right  to  give  privileges  to  one  class  of  citizens  which 
it  refuses  to  another.     The  territory  is  acquired  for  their  equal  and  common 
benefit — and  if  open  to  any,  it  must  be  open  to  all  upon  equal  and  the  same 
terms. 

3.  Every  citizen  has  a  right  to  take  with  him  into  the  territory  any  article 
of  property  which  the  constitution  of  the  United  States  recognizes  as  property. 

4.  The  constitution  of  the  United  States  recognizes  slaves  as  property,  and 
pledges  the  federal  government  to  protect  it.     And  Congress  cannot  exercise 
any  more  authority  over  property  of  that  description  than  it  may  constitution 
ally  exercise  over  property  of  any  other  kind. 

5.  The  act  of  Congress,  therefore,  prohibiting  a  citizen  of  the  United  States 
from  taking  with  him  his  slaves  when  he  removes  to  the  territory  in  question 
to  reside,  is  an  exercise  of  authority  over  private  property  which  is  not  war 
ranted  by  the  constitution — and  the  removal  of  the  plaintiff,  by  his  owner,  to 
that  territory,  gave  him  no  title  to  freedom. 

V. 

1.  The  plaintiff  acquired  no  title  to  freedom  by  being  taken,  by  his  owner, 
to  Rock  Island,  in  Illinois,  and  brought  back  to  Missouri.     This  court  has 
heretofore  decided  that  the  status  or  condition  of  a  person  of  African  descent 
depended  on  the  laws  of  the  state  in  which  he  resided. 

2.  It  has  been  settled  by  the  decisions  of  th$  highest  court  in  Missouri,  that, 
by  the  laws  of  that  state,  a  slave  does  not  become  entitled  to  his  freedom 
where  the  owner  takes  him  to  reside  in  a  state  where  slavery  is  not  permitted, 
and  afterwards  brings  him  back  to  Missouri. 

Conclusion.  It  follows  that  it  is  apparent  upon  the  record  that  the  court 
below  erred  in  its  judgment  on  the  plea  in  abatement,  and  also  erred  in  giving 
judgment  for  the  defendant,  when  the  exception  shows  that  the  plaintiff  was 
not  a  citizen  of  the  United  States.  And  as  the  Circuit  Court  had  no  jurisdic 
tion,  either  in  the  case  stated  in  the  plea  in  abatement,  or  in  the  one  stated  in 
the  exception,  its  judgment  in  favor  of  the  defendant  is  erroneous,  and  must 
be  reversed. 

ANALYSIS  OP  THE  DRED   SCOTT  DECISION. 

It  was  held  by  seven  judges  (M'Lean  and  Curtis  dissenting)  that  the 
record  showed  on  the  part  of  Scott  a  disability  to  maintain  his  suit.  Of  these 
judges,  Taney,  Wayne  and  Daniel  held  that  the  fact  set  forth  in  the  plea  in 
abatement  in  the  court  below,  and  admitted  in  the  demurrer,  "  that  the  plain 
tiff  was  a  negro  of  African  descent,  whose  ancestors  were  of  pure  African 
blood,  and  who  were  brought  into  this  country  and  sold  as  slaves,"  showed  him 


830  APPENDIX. 

not  to  be  a  citizen  of  the  United  States,  and  therefore  disqualified  to  sue  in  a 
United  States  Court ;  and  that  the  suit  ought,  on  that  ground,  to  be  remanded 
to  be  dismissed  for  want  of  jurisdiction.  Grier  and  Campbell  (making  with 
the  other  three  a  majority  of  the  court)  concurred  in  this  remanding  for  dis 
missal,  and  such  was  the  judgment  of  the  court.  Both  Grier  and  Campbell 
based  themselves,  however,  not  on  the  plea  in  abatement,  but  on  the  fact  ap 
parent,  as  they  thought,  in  the  agreed  statement  of  facts  which  made  a  part  of 
the  record,  that  Scott  was  a  slave,  and  on  that  ground  disqualified  to  sue,  and 
they  both  seemed  to  think  that  the  more  regular  course  would  be  to  confirm 
the  judgment  of  the  court  below.  Such  a  confirmation  of  the  judgment  of 
the  court  below,  Nelson  and  Catron  held  to  be  the  only  proper  course,  thus 
siding,  so  far  as  the  question  of  jurisdiction  was  concerned,  with  Curtis  and 
McLean,  while  even  Grier  (making  up,  with  the  other  four,  a  majority  of  the 
court)  went  so  far  as  to  admit  that  the  record  showed  a  prima  facie  case  of 
jurisdiction. 

McLean  and  Catron  held,  that  as  there  was  no  appeal  from  the  judgment  of 
the  Circuit  Court  on  the  plea  in  abatement,  the  question  of  jurisdiction  was  not 
before  the  court.  Taney,  Wayne,  Daniel  and  Curtis  held,  per  contra,  that,  as 
the  courts  of  the  United  States  were  of  limited  jurisdiction,  the  question  of 
jurisdiction  was  always  in  order.  Grier,'  Nelson  and  Campbell  were  silent  on 
this  point. 

Three  judges — Taney,  Wayne  and  Daniel — held  that,  although  the  court 
below  had  no  jurisdiction,  and  the  case  must  be  dismissed  on  that  ground, 
it^vas  still  competent  for  the  Supreme  Court  to  give  an  opinion  on  the  merits  of 
the  case,  and  on  all  the  questions  therein  involved.  McLean  and  Curtis  dis 
sented  from  this  view.  In  their  opinion,  any  doctrines  laid  down  under  such 
circumstances  must  be  regarded  as  extra-judicial.  They  based  their  right  of 
going  into  the  merits  on  the  assumption  that  the  court  below  had  jurisdiction, 
a  view  in  which  they  were  sustained  by  Catron  and  Grier.  Nelson  and  Camp 
bell,  as  they  had  avoided  any  expression  of  opinion  on  the  question  of  juris 
diction,  did  the  same  on  this  question  of  judicial  propriety ;  but  Nelson,  by 
confining  himself,  in  his  opinion,  to  the  single  point  of  the  revival  of  Scott's 
condition  of  slavery  by  his  return  to  Missouri,  seemed  to  concur  in  the  view  of 
judicial  propriety  taken  by  McLean  and  Curtis. 

Three  judges — Taney,  Wayne  and  Daniel — held  that  a  negro  of  African 
descent  was  incapable  of  being  a  citizen  of  the  United  States,  or  even  of 
suing  as  such  in  a  federal  court.  From  this  doctrine  McLean  and  Curtis  ex 
pressly  dissented,  while  Nelson,  Grier,  Campbell  and  Catron  avoided  any  ex 
pression  of  opinion  upon  it. 

Taney,  Wayne,  Daniel  and  Campbell  held  that  the  constitution  conferred  no 
power  on  Congress  to  legislate  for  the  territories,  the  power  to  make  all  needful 
rules  and  regulations  being  confined  solely  to  the  disposition  of  lands  as  prop 
erty,  and  even  that  authority  being  limited  to  the  territories  belonging  to  the 
United  States  (i.  e.  the  territory  northwest  of  the  Ohio)  when  the  constitution 
was  made.  They,  however,  seemed  to  admit  a  certain  power  of  legislation 


APPENDIX.  831 

in  Congress,  based  on  the  fact  of  acquisition  and  growing  out  of  the  necessity 
of  the  case.  McLean,  Catron  and  Curtis  held,  on  the  other  hand,  that  under 
authority  to  make  needful  rules  and  regulations,  as  well  as  by  the  necessity  of 
the  case,  Congress  had  a  full  power  of  legislation  for  the  territories,  limited 
only  by  the  general  restraints  upon  its  legislative  power  contained  in  the  con 
stitution.  Nelson  expressed  no  opinion  on  this  point ;  nor  did  Grier,  except 
the  implication  in  favor  of  the  first  view  from  his  joining  in  pronouncing  the 
Missouri  prohibition  of  1820  unconstitutional,  though  on  what  particular 
ground  he  held  it  to  be  so  does  not  appear. 

Taney,  Wayne,  and  Daniel  held  that  the  ordinance  of  1781,  though  good 
and  binding  under  the  confederation,  expired  with  the  confederation,  and  that 
the  act  of  Congress  passed  to  confirm  it  was  void,  because  Congress  had  no 
power  to  legislate  for  the  territories.  M'Lean,  Catron,  and  Curtis  held,  per 
contra,  that  the  reenactment  of  the  ordinance  of  17  87  was  a  valid  exercise  of 
the  power  of  Congress  ;  while  Campbell  admitted — and  in  this  Catron  concur 
red  with  him  (Daniel  contra,  the  others  silent) — that  the  ordinance  of  1787, 
having  been  agreed  to  by  Virginia,  became  thereby  a  part  of  the  compact  of 
cession  permanently  binding  on  the  parties,  and  was  so  regarded  by  the  con 
vention  that  framed  the  constitution. 

Five  judges,  a  majority  of  the  court — Taney,  Wayne,  Daniel,  Campbell, 
and  Grier — held  that  the  Missouri  prohibition  of  1820  was  unconstitutional 
and  void  ;  while  Catron  argued  that  it  was  void  because  it  conflicted  with  the 
French  treaty  for  the  cession  of  Louisiana.  M'Lean  and  Curtis  held  the  pro 
hibition  constitutional  and  valid.  Nelson  silent. 

Five  judges — Taney,  Wayne,  Daniel,  Campbell,  and  Catron — a  majority 
of  the  court,  held  that  slaves  were  property  in  a  general  sense,  as  much  so  as 
cattle,  or  at  least  were  so  recognized  by  the  constitution  of  the  United  States ; 
and  as  such  might  be  carried  into  territories,  notwithstanding  any  congressional 
prohibition.  M'Lean  and  Curtis  held,  per  contra,  that  slaves  are  recognized 
property  only  locally  and  by  the  laws  of  particular  states,  being  out  of  those 
states  not  property,  nor  even  slaves,  except  in  the  single  case  of  fugitives. 
Grier  and  Nelson  silent. 

It  was  held  by  six  judges — Taney,  Wayne,  Daniel,  Campbell,  Catron,  and 
Nelson — that,  whatever  claim  to  freedom  Scott  might  have  had  (if  any,  which 
most  of  them  denied,)  he  lost  it  by  his  return  to  Missouri.  This  opinion,  on 
the  part  of  Taney,  Wayne,  and  Daniel,  was  based  solely  on  the  law  of  Mis 
souri,  as  recently  laid  down  by  the  Supreme  Court  of  that  state.  Nelson  and 
Catron  based  it  on  what  they  thought  the  prevailing  current  of  legal  decision 
on  the  subject ;  and  Campbell  on  the  fact  that  no  sufficient  domicil,  either  in 
slave  or  master,  appeared  in  Illinois  or  Minnesota.  M'Lean  and  Curtis  held, 
per  contra,  that  Scott  had  been  made  free  by  his  residence  in  Illinois  and 
Minnesota,  and  that  the  rules  of  international  law  respecting  the  emancipation 
of  slaves  by  residence  were  a  part  of  the  law  of  Missouri,  which  law  had  been 
improperly  departed  from  and  set  at  nought  by  the  Missouri  decision  in  the 
plaintiff's  case ;  and  that,  on  questions  depending  not  on  any  statute  or  local 


*  * 


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832  APPENDIX, 

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usage,  but  on  principles  of  universal  jurisprudence,  the  decisions  of  state 
courts  are  not  conclusive  on  the  United  States  courts  as  to  the  laws  of  the 
states.  fc$  '-I' 

Seven  judges  (M'Lean  and  Curtis  dissenting)  held  that  by  the  facts  on  the 
record,  it  appeared  that  Scott  was  a  slave,  notwithstanding  his  residence  in  Il 
linois  and  Minnesota. 

It  appears  from  this  analysis  that  only  the  following  points  commanded  a 
majority  of  voices,  and  can  be  considered  as  having  been  ruled  in  this  case  : 

1.  That  Scott  was  a  slave  notwithstanding  his  residence  in  Illinois  and  Min 
nesota.     Seven  judges  to  two*    «   • 

2.  That  the  Missouri  prohibition  of   1820  was  unconstitutional  and  void. 
Five  judges  against  two  ;  one  silent,  and  one  holding  it  void  but  not  unconsti 
tutional. 

3.  That,  under  the  constitution  of  the  United  States,  slaves  are  as  much 
property  as  horses.     Five  judges,  all  slaveholders,  against  two  non-slavehold 
ers,  the  two  other  non-slaveholders  being  silent. 

The  question  whether  any  power  of  legislation  over  the  territories  is  given 
to  Congress,  by  the  power  to  make  needful  rules  and  regulations,  is  left  unde 
cided,  four  judges  denying  any  such  power,  three  maintaining  it,  Nelson  si 
lent,  and  Grier  in  nubibus. 

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